The Andhra Pradesh District Planning Committees Act, 2005.

THE ANDHRA PRADESH DISTRICT PLANNING COMMITTEES ACT, 2005
Act No. 40 of 2005
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title, extent and commencement
2. Definitions
3. Constitution of District Planning Committee
4. Composition of Committees
5. Special Invitees
6. Term of elected members
7. Preparation of Development Plan
8. Functions of the Committee
9. Powers of the Committee
10. Functions of the Member Secretary
11. Constitution of Sub-Committees
12. Meetings of the Committee
13. Power to remove difficulties
14. Power to make rules
15. Repeal of Ordinance 10 of 2003 and Ordinance 21 of 2005
THE ANDHRA PRADESH DISTRICT PLANNING COMMITTEES ACT, 2005
Act No. 40 of 2005
[17thNovember, 2005]
AN ACT TO CONSTITUTE DISTRICT PLANNING COMMITTEES FOR THE
PURPOSE OF ARTICLE 243-ZD OF THE CONSTITUTION OF INDIA AND
TO DISCHARGE THE FUNCTIONS OF THE STATE GOVERNMENT IN
REGARD TO THE ITEMS OF BUSINESS OF THE GOVERNMENT AND
FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.
Whereas, under article 243ZD of the Constitution of India the Government
is empowered to constitute in the State, a District Planning Committee at the
District level to consolidate the plans prepared by the Panchayats and the
Municipalities in the District by undertaking Legislation;
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh
in the Fifty-sixth Year of the Republic of India as follows:-
1. Short title, extent and commencement - (1) This Act may be called the
Andhra Pradesh District Planning Committees Act, 2005.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall be deemed to have come into force on the 30th December, 2003.
2. Definitions - In this Act, unless the context otherwise requires,-
(a) "Committee" means the District Planning Committee constituted under
section 3:
(b) "District" means a district as construed in the Andhra Pradesh
Districts (Formation) Act, 1974 (Act 7 of 1974).
(c) "Government" means the State Government;
(d) "Municipalities" means Municipal Corporations, Municipal Councils
and Nagar Panchayats as constituted under the Andhra Pradesh Municipalities
Act, 1965 (Act VI of 1965) or the various Municipal Corporations established
under the Andhra Pradesh Municipal Corporations Acts;
(e) "Notification" means a notification published in the Andhra Pradesh
Gazette and the word "notified" shall be construed accordingly.
(f) "Panchayats" means a Gram Panchayat or a1[Mandal Parishad] and
1[Zilla Parishad] constituted under the Andhra Pradesh Panchayat Raj Act,
1994 (Act 13 of 1994).
(g) "Population" means the population as ascertained at the last preceding
census of which relevant figures have been published.
(h) "Prescribed" means prescribed by rules made under this Act.
(i) "State" means the State of Andhra Pradesh.
3. Constitution of District Planning Committee - (1) There shall be
constituted for every district, a District Planning Committee, to consolidate the
1 . Reference to the words “Mandal Parishad” and “Zilla Parishad” shall respectively be
construed as “Mandal Praja Parishad” and “Zilla Praja Parishad” by the Act No.41 of 2006, S.3.
plans prepared by the Panchayats and the Municipalities in the district and to
prepare a draft development plan for the district as a whole and to exercise
such other powers as may be entrusted to it by the Government from time to
time.
(2) Every 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 resources whether financial or
otherwise;
(b) consult such institutions and organisations as the Government may,
by order, specify.
(3) Where the term of the existing members of the Municipality or
Panchayat has expired and the elected members cease to be members of the
committee then the committee with remaining members shall continue to
discharge the functions till new elections are held.
4. Composition of Committees - (1) The Committee constituted under section
3 shall consist of the following thirty members in each district, namely:-
(i) the Chairperson,1[Zilla Parishad], shall be theEx-officio Chairperson
of the Committee.
(ii) the District Collector shall be the Member Secretary.
(iii) four members to be nominated by the Government of whom one
member shall be from the Minorities and three members shall be nominated
from the experts of the subject;
(iv) twenty four members of the Committee shall be elected in the
prescribed manner by and from amongst the elected members of the1[Zilla
Parishad] Territorial Constituencies and the Municipalities in the District by
following the rule of reservation as specified in the Andhra Pradesh Panchayat
Raj Act, 1994 (Act 13 of  1994):
Provided that the number of members to be elected from the rural and
urban areas shall be as nearly as possible in proportion to the ratio between
the population of the rural and urban areas of the district.
(2) The members nominated under clause (iii) of sub-section (1) shall hold
office for such term as may be notified by the Government.
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 district shall be permanent special invitees to
the meetings of the Committee.
1.  R e f e r e n c e t o t h e w o r d s “ M a n d a l P a r i s h a d ” a n d “ Z i l l a P a r i s h a d ” s h a l l r e s p e c t i v e l y b e
construed as “Mandal Praja Parishad” and “Zilla Praja Parishad” by the Act No.41 of 2006, S.3.
(b) Members of the Council of State representing the State shall also be
the permanent special invitees to the meetings of the Committee of a district of
their choice.
1[(c) Members of the Legislative Council of the State shall also be the
permanent special invitees to the meetings of the Committee of the District
where he/she is a registered voter.]
(2) The Chairman of the Municipality and the Mayor of the Municipal
Corporation in the District shall also be permanent special invitees in case they
are not the elected members of the Committee.
6. Term of elected members - (1) An elected member of the Committee shall
cease to be member thereof, if he ceases to be a member of the Municipality or
Panchayat as the case may be.
(2) A vacancy arising under sub-section (1) or by reason of death or
resignation of a member shall be filled in accordance with the provisions of
Section 4.
7. Preparation of Development Plan - (1) Every Gram Panchayat,2[Mandal
Parishad],2[Zilla Parishad], Nagar Panchayat, Municipality, Municipal
Corporation, in the district shall prepare a Development Plan before the
beginning of the financial year taking into consideration the tax levied by them
and the non-tax revenue received by them and the funds likely to be received
from the Government and other departments or Agencies during the financial
year and such a plan shall also include the human development or disaster
mitigation initiatives proposed to be undertaken during the financial year.
(2) The Development Plan shall lay down the targets set under different
development or performance indicators for the financial year.
8. Functions of the Committee - The Committee shall perform the following
functions, namely:-
(i) ensure that each Gram Panchayat or2[Mandal Parishad] or2[Zilla
Parished] or Nagar Panchayat or Municipality or Municipal Corporation in the
district prepares a Development Plan for the financial year which shall be
consolidated into the District Development Plan and shall be submitted to the
Government for incorporation into the State Plan;
(ii) review from time to time the implementation of the Development Plan
so prepared and monitor the achievements at the district level against the
targets set under different development or performance indicators;
(iii) formulate draft five year plans of the district in their socio-economic,
temporal and spatial dimensions;
(iv) make necessary recommendations to the Government concerning
the development of the district;
(v) perform such other functions as entrusted by the Government
subject to the guidelines issued from time to time.
1 . The Clause (c) added by the Act No.23 of 2007 Section 2.2  . R e f e r e n c e t o t h e w o r d s “ M a n d a l P a r i s h a d ” a n d “ Z i l l a P a r i s h a d ” s h a l l r e s p e c t i v e l y  b e
construed as “Mandal Praja Parishad” and “Zilla Praja Parishad” by the Act No.41 of 2006, S.3.
9. 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.
10. Functions of the Member Secretary - The Collector of the district shall be
the Member Secretary of the Committee, and shall be responsible for
maintaining the record of the Committee, preparing the records of discussions
and communication of decisions and all other incidental ancillary matters.
11. Constitution of Sub-Committees - The Committee may constitute such
Sub-Committees consisting of members of the committee and the permanent
special invitees to discharge one or more of the functions entrusted to it under
this Act.
12. 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 District Headquarters.
(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.
13. 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.
14. 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 immediately after it is made be
laid before the Legislative Assembly of the State, if it is in session and if it is
not in session, in the session immediately following 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 session in which it is so laid or the session
immediately following the Legislative Assembly agrees in making any
modification in the rule or in the annulment of the rule, the rule shall, from the
date on which the modification or annulment is notified, have effect only in
such modified form or shall stand annulled, as the case may be, so, however,
that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.
15. Repeal of Ordinance 10 of 2003 and Ordinance 21 of 2005 - The
Andhra Pradesh District Planning Committees Ordinance, 2003 and the
Andhra Pradesh District Planning Committees Ordinance, 2005 are hereby
repealed.

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