The Andhra Pradesh Metropolitan Planning Committee Act, 2007.

THE ANDHRA PRADESH METROPOLITAN PLANNING COMMITTEE ACT,
2007
(ACT No. 32 OF 2007)
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title, extent and Commencement
2. Definitions
3. Constitution of Metropolitan Planning Committee
4. Composition of Committees
5. Special Invitees
6. Chairperson, Vice-Chairperson and other members
7. Term of Chairperson, Vice-Chairperson and nominated members
and filling up of vacancies
8. Election of members of the Committee
9. Term of office and allowance for elected members of Committee
10. Manner of preparation of Draft Development Plan
11. Functions of the Committee –
12. Powers of the Committee
13. Meetings of the Committee
14. Secretary of the Committee and his functions
15. Sub-Committees
16. Power to remove difficulties
17. Power to make rules
18. Repeal of Ordinance No. 13 of 2007
THE ANDHRA PRADESH METROPOLITAN PLANNING COMMITTEE ACT, 2007
(ACT NO. 32 OF 2007)
[18th December, 2007]
AN ACT TO PROVIDE FOR THE CONSTITUTION OF METROPOLITAN
PLANNING COMMITTEE IN EVERY METROPOLITAN AREA IN THE
STATE OF ANDHRA PRADESH FOR PREPARATION OF DRAFT
DEVELOPMENT PLAN FOR THE METROPOLITAN AREA AS A WHOLE
AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL
THERETO.
Be it enacted by the Legislature of the State of Andhra Pradesh in the
Fifty-eighth Year of the Republic of India as follows:-
1. Short title, extent and commencement - (1) This Act may be called the
Andhra Pradesh Metropolitan Planning Committee Act, 2007.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall be deemed to have come into force on the 22nd October, 2007.
2. Definitions - In this Act, unless the context otherwise requires:-
(a)"Committee" means the Metropolitan Planning Committee
constituted under Section 3;
(b)"Government" means the State Government;
(c)"Metropolitan Area" means an area having a population of ten
lakhs or more comprised in one or more districts and consisting
of two or more municipalities or panchayats or other contiguous
areas, specified by the Government, by notification, to be a
Metropolitan Area for the purposes of this Act;
(d)"Municipality" means Nagar Panchayat, Municipality and
Municipal Corporation as constituted, as the case may be, under
the provisions of the Andhra Pradesh Municipalities Act,
1965(Act VI of 1965); or the Hyderabad Municipal Corporations
Act, 1955(Act II of 1956); the Visakhapatnam Municipal
Corporation Act, 1979(Act 19 of 1979); the Vijayawada Municipal
Corporation Act, 1981(Act 23 of 1981), and the Andhra Pradesh
Municipal Corporations Act, 1994(Act 25 of 1994):
(e)"Notification" means a notification published in the Andhra
Pradesh Gazette and the word "notified" shall be construed
accordingly;
(f)"Panchayat" means a Gram panchayat or Mandal Praja
Parishad and Zilla Praja Parishad constituted under the
provisions of the Andhra Pradesh Panchayat Raj Act, 1994(Act
13 of 1994);
(g)"Population" means the population as ascertained by the last
preceding census of which the relevant figures have been
published;
(h)"Prescribed" means prescribed by rules made under this Act.
3. Constitution of Metropolitan Planning Committee - There shall be
constituted for every Metropolitan Area, a Metropolitan Planning Committee
(hereinafter referred to as the Committee) to consolidate the plans prepared by
the Municipalities and Panchayats in the Metropolitan Area and to prepare a
draft development plan for the Metropolitan Area as a whole and to exercise
such other powers as may be entrusted to it by the Government, from time to
time.
4. Composition of Committees - (1) The Committee constituted under Section
3 shall consist of such number of members, including a chairperson and Vice-
Chairperson, as the Government may determine:
Provided that not less than two-thirds of the members of the Committee
shall be elected by, and from amongst the elected members of the
Municipalities and Chairpersons of the Panchayats in the Metropolitan Area in
proportion to the ratio between the population of the Municipalities and of the
Panchayats in that area by following the rule of reservation as specified in sub-
section (2) of Section 5 of the Hyderabad Municipal Corporations Act, 1955(Act
II of 1956).
(2) The representation in the Committee of the Government of India and
the State Government and of such organizations and institutions as may be
deemed necessary for carrying out the functions assigned to the Committee
shall be such as may be notified by the Government, from time to time.
5. Special Invitees - (1) (a) Members of the House of the People and Members
of the State Legislative Assembly representing constituencies which are
comprised wholly or partly in the Metropolitan Area shall be permanent special
invitees to the meetings of the Committee.
(b) Members of the Council of State registered as an elector within the
Metropolitan Area shall also be the permanent invitees to the meetings of the
Committee. Members of the Legislative Council of the State registered as an
elector in the Metropolitan Area at the time of nomination or of filing
nomination, as the case may be, shall also be the permanent invitees to the
meetings of the Committee.
(2) The Chairperson of a Municipality, Nagar Panchayat and the Mayor of
the Municipal Corporation in the Metropolitan Area shall also be permanent
special invitees in case they are not the elected members of the Committee.
6. Chairperson, Vice-Chairperson and other members- The Chairperson,
Vice-Chairperson and other non-elected members shall be appointed by the
Government.
7. Term of Chairperson, Vice-Chairperson and nominated members and
filling up of vacancies - (1) The term of office and other conditions of service of
the Chairperson, Vice-Chairperson and non-elected members of the Committee
shall be such as may be prescribed.
(2) Any Vacancy in the Office of the Chairperson, Vice-Chairperson or
non-elected member of the Committee shall be filled by the Government as they
may determine.
8. Election of members of the Committee - The manner of election of
Members of the Committee and all matters related thereto shall be such as
may be prescribed.
9. Term of office and allowance for elected members of Committee -
The term of the elected members of the Committee shall be five years
from the date of their election, and they shall receive such allowance for
attending the meeting of the Committee or any sub-committee thereof as may
be prescribed.
Provided that every Such member shall, on his ceasing to be an elected
member of a Municipality or Chairperson of a Panchayat, as the case may be,
cease to be a member of the Committee notwithstanding that the term of five
years has not expired, and the vacancy shall be filled by election in the manner
prescribed.
10. Manner of preparation of Draft Development Plan- (1) Every Committee
shall prepare the Draft Development Plan:-
(a) having regard to, -
(i) the plans prepared by the Municipalities and Panchayats in
the Metropolitan Area;
(ii) matters of common interest between the Panchayats and the
Municipalities in the Metropolitan Area including coordinated
spatial planning of the area, sharing of water and other physical,
natural resources, the integrated development of infrastructure
and environment conservation;
(iii) the overall objectives and priorities set out by the
Government of India and the State Government;
(iv) the extent and nature of investments likely to be made in the
Metropolitan Area by agencies of the Government of India and of
the State Government and other available resources, whether
financial or otherwise.
(b) by consulting such institutions and organizations as the
Government may, by order, specify.
(2) The Chairperson of every Committee shall forward the draft
development plan to the Government.
11. Functions of the Committee - The Committee shall perform the following
functions, namely:-
(i) to ensure that each Panchayat or Nagar Panchayat or
Municipality or Municipal Corporation in the Metropolitan Area
prepares a Development Plan for the financial year which shall
be consolidated into the Metropolitan Draft Development Plan
and shall be submitted to the Government for incorporation into
the State plan;
(ii) to review, from time to time, the implementation of the
Development Plan so prepared and monitor the achievements at
the Metropolitan Area level against the targets set under
different development or performance indicators;
(iii) to formulate draft five year plans for the Metropolitan Area in
their socio-economic, temporal and spatial dimensions;
(iv) make necessary recommendations to the Government
concerning the development of the Metropolitan Area;
(v) perform such other functions as entrusted by the
Government subject to the guidelines issued, from time to time.
12. Powers of the Committee- (1) The Committee shall exercise such powers
as may be notified under this Act or may be allotted to it by the Government in
respect of the business of the Government.
(2) The Government may prescribe and notify the manner in which the
powers so notified or allotted to the Committee may be exercised.
(3) While exercising such powers, the Committee shall be deemed to be a
body subordinate to the Government and shall exercise these powers for and
on behalf of the Government.
13. Meetings of the Committee - (1) The meetings of the Committee shall be
held at least once in every quarter of the financial year in such manner as may
be prescribed.
(2) The meetings of the Committee shall be held on the scheduled date
and time as may be prescribed at the Head Quarters of the Metropolitan Area.
(3) The Chairperson or in his absence a member elected by the members
present shall preside over the meetings of the Committee.
(4) The Committee may invite experts to attend its meeting.
(5) The non-official member experts shall be paid such travelling and
other allowances as may be prescribed for attending the meetings.
(6) The Committee shall regulate its own procedure, subject to such rules
as may be prescribed.
14. Secretary of the Committee and his functions- The Government shall
appoint a Secretary to the Committee and he shall be responsible for
maintaining the records of the Committee, preparing the records of discussions
and communication of decisions and all other incidental, ancillary matters.
15. Sub-Committees - (1) The Committee may constitute, for such purpose as
it may think fit, as many sub-committees consisting wholly of members of the
Committee or wholly of other persons or partly of members of the Committee or
wholly of other persons or partly of members of the Committee and partly of
other persons as it may consider necessary or expedient.
(2) The members of the sub-committee, not being members of the
Committee, shall be paid such fees and allowances for attending the meetings
thereof as may be prescribed.
16. Power to remove difficulties - If any difficulty arises in giving effect to the
provisions of this Act, the Government may, by order, do anything not
inconsistent with the provisions thereof which appears to it to be necessary or
expedient for the purpose of removing the difficulty.
17. Power to make rules - (1) The Government may make rules to carry out
the purposes of this Act.
(2) Every rule made under this Act, shall be laid, as soon as may be after
it is made, before each House of the State Legislature, while it is in session, for
a total period of fourteen days which may be comprised in one session or in two
successive sessions, and if, before the expiry of the session immediately
following the session, both Houses agree in making any modification in the rule
or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the case
may be; so, however, that any such modification of annulment shall be without
prejudice to the validity of anything previously done under that rule.
18. Repeal of Ordinance No. 13 of 2007 - The Andhra Pradesh Metropolitan
Planning Committee Ordinance, 2007 is hereby repealed.

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