Bare ActsThe UTTARAKHAND DISTRICT PLANNING COMMITTEE ACT, 2007

Section 2007

(2) It shall be applicable to the whole State of Uttarakhand

Amendment status not verified — confirm the current text below against the official source.

(2) It shall be applicable to the whole State of Uttarakhand. (3) It shall be deemed to have come into force at once. Definitions 2- In this Act-- (a) "Legislative Assembly Rolls" means the electoral rolls of any constituency of the Legislative Assembly prepared under and according to the provisions of the Representation of the People Act, 1950; (b) "Committee" means the District Planning Committee constituted under section 3; (c) "District level officer" means such officer of the district as the State Government, may, by notification, specify; (d) "Kshettra Panchayat" means a Kshettra Panchayat established under section 5 of the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 (as applicable to the State of Uttarakhand and as amended from time to time); (e) "Minister" means a member of the Council of ministers of the Government of Uttarakhand and includes Minister of State and Deputy Minister; (f) "Municipality" means a Municipal Corporation, a Municipal Council or a Nagar Panchayat constituted under the Uttar Pradesh. Municipalities Act. 1916 (as applicable to the State of Uttarakhand and as amended from time to time) or the Uttar Pradesh Municipal Corporation Act, 1959 (as applicable to the State of Uttarakhand and as amended from time to time), as the case may be; (g) 'Population" means the population as ascertained at the last preceding census of which the relevant figures have been published; (h) "Rural area" means an area other than urban area; (i) "Urban area" means the territorial area of a Municipal Corporation, Municipal Council or Nagar Panchayat, as the case may be; (j) "Zila Panchayat" means a Zila Panchayat established under section 17 of the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 (as applicable to the State of Uttarakhand and as amended from time to time). Constitution of District Planning Committee 3- (1) There shall be constituted in every district a District Planning Committee, to consolidate the plans prepared by the Panchayats and Municipalities in the district and to prepare a draft development plan for the district as a whole. (2) The Committee shall, in preparing the draft development plan-- (a) have regard to- (i) matters of common interest between the Panchayats and Municipalities including spatial planning, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation, (ii) the extent and type of available financial or other resources; (b) consult such institutions and organizations as the Governor may, by order, specify. Composition of District Planning Committee 4- [(1) Every Committee shall consist of such number of members as may be prescribed: Provided that the number of members shall not be less than twenty and more than forty. (2) Not less than four-fifths of the total number of members of the Committee shall be elected in the prescribed manner by, and from amongst, the elected members of the Zila Panchayat and of the Municipalities in the district in proportion to the ratio between the population of the rural areas and of the urban areas in the district. (3) Where the urban area of the district comprises more than one Municipality, the number of members of the Committee from amongst the elected members of such Municipalities shall be distributed amongst such Municipalities in such manner as may be prescribed. (4) The remaining one-fifth members of the Committee shall be- (a) a Minister nominated by the State Government, who shall be the Chairperson of the Committee; (b) the Adhyaksha of the Zilla Panchayat shall be ex-officio Vice-Chairman of the Commitee; (c) such other members as may be nominated by the State Government subject to the condition that the number of members under this sub- section shall not exceed one-fifth of the total members of the committee. (5) A member nominated under clause (c) of sub-section (4) shall hold office during the pleasure of the Governor. (6) No member of the Committee shall nominate any person as his representative to attend a meeting of the Committee on his behalf. (7) An elected member of the Committee shall cease to be member thereof if he ceases to be member of the Municipality or Zila Panchayat, as the case may be. (8) If the office of an elected member of the Committee falls vacant owing to his death, resignation or otherwise, the vacancy shall be filled for the residue of his term in the manner provided under sub-section (2).]1 ------------------------------------------------------------------------ 1- Subs. by section 2 of UK Act no 31 of 2016. Vacancies etc. not to invalidate proceedings of the Committee 5- No act or proceeding of the Committee shall be invalid merely on the ground of the existence of any vacancy or defect in the constitution of the Committee. Permanent invitees to the Committee 6- (1) Members of the house of the people and members of the Legislative Assembly of the State, representing those constituencies which are comprised wholly or partly in the district, shall be permanent invitees to the meetings of the Committee. (2) Members of Council of the States representing the State shall also be permanent invitees to the meetings of the Committee of a District of their choice. (3) 1[ Such members of the legislative Assembly who shall be appointed co- incharge in the different district as a Parliamentary Secretary they shall permanent invitee for the meetings of concerning district Committee. (4) 2{In the meeting of the Committee of district, the concerning district, Pramukh, Kshettra Panchayat shall be permanent invitee.} (5) Members of the Legislative Assembly of the State as nominated by the Governor shall also be permanent invitees to the Committee of the District of their choice. (6) The Nagar Pramukh or the Chairman as the case may be, of the Municipality situated at the Head Quarters of the district, shall also be permanent invitee to the Committee. (7) No permanent invitee shall nominate a person as his representative to attend a meeting of the Committee on his behalf: Provided that where a permanent invitee, who is not a member of the Council of Ministers of the Government of India or the Government of Uttarakhand, has been required to attend such meeting in two or more district on the same day, he/she may nominate a person as his representative to attend the meeting of the committee of a district in which he/she is not in a position to attend such meeting: Provided further that where a permanent invitee, who is a member of the Council of Ministers of the Government of India or the Government of Uttarakhand, has been required to attend such meeting, may nominate a person as his representative to attend the meeting of the committee if he is not in a position to attend such meeting.] 1 ------------------------------------------------------------ 1- Subs. by section 3 of UK Act no 31 of 2016. 2- Subs. by section 2 of UK Act no 16 of 2022. Secretary of the Committee 7- (1) 1[District Magistrate of the district shall be the Secretary of the Committee and shall be responsible for maintaining records of the Committee, preparing minutes of the Committee, and communication of decision and all others incidental or ancillary matters and shall make available to the Committee such assistance as may be necessary for the discharge of its functions. Explanation- For the purpose of this sub-section the expression "District Magistrate" includes Chief Executive Officer. (2) The Chief Development Officer shall be the ex-officio Joint Secretary and Economic and Statistics Officer of the District shall be the ex-officio Deputy Secretary of the Committee to assist in such manner as may be directed by the Committee.] Election of the members of the Committee 8- The State Election Commission shall have superintendence, direction and control of the preparation of electoral rolls of, and the conduct of, elections of the members of the Committee in such manner as may be prescribed. 2[Approval and application of District plan in inevitable circumstances