The Arunachal Pradesh District Planning Committee Act, 2011
Arunachal Pradesh · state statute
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18
The Arunachal Pradesh District Planning Committee Act, 2011
(Act No. 5 ot 2011)
(Received the assent ofthe Governoron lstJune,2011And Published in
theArunachal Pradesh E.O. Gazette No. 116,Vol-XVlll.
dated 21st June, 2011)
An
Act
to provide for the constitution of District Planning Committee at the
district level, to consolidate the plan prepared by the Panchayats and the
Municipalities in the District and to prepare five year prospective plan / draft
development plan for the District as a whole.
BE it enacted by the Legislative Assembly of the State ofArunachal
Pradesh in the Srxty-second Yearofthe Republic of lndia as follows :-
Definitions.
CHAPTER-I
1. (1) This Act may be iplled the Arunachal Pradesh
District Planning Committees (C6nStitution,
Powers and Functions) Act, 2011 .
(2) lt shall extend to the whole of the State of Arunachal
Pradesh or part thereof as may b€ notified by the SEte
Govemment.
fel ft
"n"fi *r" into force on ,r"htd"t" as the State
Govemment may, by notification in the Official Gazette,
appoint.
2. (1) ln thisAct, unless there is anything repugnant in the
subject or context otherwrse requires,-
(a) "Committee" means the District Planning Committee
- constituted under section 3 ;
(b) "Govemment" means the Govemment ofArunachal
Pradesh ;
(c) "membe/ means member of the Committee and
includes the Chairperson thereof ;
(d) ''Municipality" means a Nagar Panchayat or a
Municipal Council or a Municipal Corporation
constituted under the Arunachal Pradesh
MunicipalAct, 2007 (Act No. 4 of 2008) ;
19
(e) "Panchayat" means a Gram Sabha, Gram
Panchayat, Anchal Samity and Zilla Parishad
constituted under the Arunachal Pradesh
Panchayat RajAct, 1997 (Act No. 5 of 2001) ;
(0 "Prescribed means as presbribed by rules ;
(g)"rules means rules made bythe Govemment under
this Act ,
(h) "Zilla Parishad; means a Zilla Parishad,constfuEd
under the ArunachalPradesh Panchayat Raj Acl,
'1997 (Act No. 5 of 2001).
CHAPTER - II
CONSTITUTION, POWERS AND FUNCTION OF
DISTRICT PLANNING COMMITTEE
3. ('l) There shallbe constituted atlhe levelof every district
a District Planning Committee to consolidiate the
plans prepared by the Panchayats and the
Municipalities in the district and to prepare a draft
development plan for the distnct as a whole.
(2) The District Planning Committee of a distric{ shall
consist of such number of members as may be
specified against that district in the Schedule.
(3) As nearly as but not Iess than, eighty per cent ofthe
members shall be elected in the prescribed manner
by, and from amongst, the elected members of the
Zilla Parishad and Anchal Samities, and Councillors
of the Municipalities in the district in proportion to
the ratio between the population of the rural areas
and ofthe urban areas in the district, and remaining
twenty per centof the members shall be as follo/vs :-
(a) Deputy Commissioner of the district who shall be
the Chairperson ;
(b) theAdditional Deputy Commissioner headquarter
cum District Panchayat Development Officer of
the district, who shall be the Member-Secretiary ,
and
Constitution
of a District
Planning
Committee.
20
(c) five ex-otficio members to be appointed by the Government as
under:
(r) District Economrc and Statistical Officer.
(ii) Proiect Director, DRDA,
(iii) Town Planner.
(iv) District Planning Officer.
(v) Bank Officer.
Provided that ne person shall be qualified fornomination as
a member under this clause, if he/sh+.
(i) b atthe tirne of nominalion, of unsourd mind or a deaf{ub ; or
(ii) is bankrupt or insolvent ; or
(iii) has been convicted ea ier of an offence involving moral
turpitude.
(4) Notwithstanding anything contained in this section-
(1) the members of Parliament, the members of the Legislative
Assembly of the State representing constituencies which
comprise wholly or partly any area of the district, Executive
Engineer, PHE, Divisional Fo.est Officer, Executive Engineer,
PWD, Deputy Direc'tor, Urban Oevelopment, District Horticulture
Ofiicer, District Agriculture Officer, Disirict Heatth Offcer, Deputy
Director of School Education, Executive Engineer, Powe(
Executive Engineer, Water Resource, DLRSO, Executive
Engineer, RWD shall be invited to attend the meetings of the
Committee as permanent invitees; and
(2) the Chairperson of the Committee shall ha/e the pou/ers to invite
any person including an expert to attend any meeting of the
Committee ;
Provided that the members of Parliament and the
Legislative Assembly of the State referred to in clause (1) and
any person invited under clause (2) shalt not have the right to
vote in the meetings of the Committee, butthe views expressed
by them shall be recorded in the proceedings of the meeting.
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Explanation :- For the purposes of this section-
(a) "rural areas" means the territorial areas of
Panchayats;and
(b) "urban areas" means the territorial areas of
Municipalities, Nagar Panchayat and notified
torrns.
(3) [n absence ofthe Chairperson, any member chosen
by the members present from amongst themselves,
shall preside overlhe meeting of the Committee.
(4) The quorum for the meetings of the Commitee shall
be one-third oftotal numberof members thereof.
4. The term of office of an elected member shall be five years Term ofoffice
commencing on the date of his election unless removed of elected
earlier ; members.
Provided that the term of office of ev6ry elected member
shall be coterminous with his membership in the Zilla
Parishad or, as the case may be, the Municipality.
5. (1)
(2)
The Commitee shall, formulate the development goals,
objectives, policies and priorities in matters relating to
planning, development and use of rural and urban land
in the district having due regard to socialjustice.
ln particular and without pre.iudice to the generality of
the foregoing provisions the district planning committee
shall consolidate the plans prepared by the Pachayats
and Municipalities and shall prepare an integrated draft
development plan for the district as a whole and with
lhe assistance of he Urban and Regional Planning (Town
Planner) Member shall :-
Powers and
funclions
of the
committee.
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(a) prepare a district development plan within two years from the
date of constitution of the District Planning Committee for the
district taking into account the Statd perspective plan, if any,
and various plans of urban and rural areas and shall indicate
long term, policies, strategies and priorities for spatio€conomic
development pertaining to :
(i) rural development including physicaland natural resource
utilization, poverty alleviation, employment generation in both
the formal and informal sectors and integrated economic
and social infrastructure development ;
(ii) conservation of environment, forests, ecologically sensitive
areas and heritage zones ;
(iii) develbpment of trade, commerce and industries ;
(iv) Diskict level transportation system ;
(v) integrated, infrasfucfure development covering water, energy,
sanitataon, education, health, recreation, communication and
other utilities, facilities and service ;
(vi) housing and shelter development;
(vii) population assignment and settlement pattem including rural
service centers and small, medium and large urban centers
with their functional specialization ; -
(viii) generalised land use pattem i
(ix) development of specialareas, ifany, such ds economlcally
backward areas ;
(x) mobillze the extent and type ofavailable rdsources whether
financial or otherwise ,
(xi) phasing of district perspective plan in periods of five years
preferably co-terminus witi the State Five Year Plan ; and
(xii) any other particulars and details as may be considered
necessary by the District Planning Committee or as may
be directed by the Government.
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(b) formulate annual plan ofthe District Development plan having
regard to :
(i) finding ofthe review of tiscal and physical performance of
the previous year ;
(ii) annual plan proposal of the rural panchayat and the urban
area ; and
(iii) sector-wise programmes and projects for rural and urban
areas including fiscal requirement and physical targets to
be achieved during the year.
(c) consult such institutions and organizations as Chamber of
Commerce and lrdustry ; non€ovemment Organization including
professional bodies as lnstitute of Town Planner of lndia in
formulation of district level Plans as Government may, by ordec
speciry in that behalf ;
(d) resolve conflicts on ;
(i) issues regarding development oi peripheral areas of urban
centers ;
(ii) sharing of water and other physical and natural resourc€s
among various rural and urban areas ,
(iii) sites for disposal of sewage and solid waste ; and
(iv) overlapping functrons i
(e) monitorthe physicalachievements oi the investments made by
the various Planning and Development agencies and Panchayat
within the district on annual basis and submission of report
thereon to $e S'tate urban and country Planning Board and
Go\remment ,
(0 advise the municipal bodies and panchayat on upgradatton of
their status and alteration of boundaries ;
(g) formulaE policies and identify proiecb for integEted development
otdistrict level infrastructure and facilitiate their implementration
through an agency in public or private sector including non-
Govemmental and community based organlzation etc ,
Stafiofthe 6
Disuict
Planning
Committee.
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(h) serve as a nodal agency for disbursement of such
funds, as may be determined by the Govemment.
to the panchayat, and Planning and Development
Authorities in the district ;
(i) formulate various guidelines, manuals, norms and
standards for promotion of planning and
development ; and
(j) perform any other incidental, supplemental or
consequentialfunction oras prescribed or as may
be directed by the Govemment or as may be
necessary and required for the purposes of
carrying out its functions under this AcI.
(3) The Chairperson of every Committee shallforward the
development plan to the Government and the State
Urban and Country Planning Board with the
recommendation of the Committee.
(4) The Committee shall, for the purpose of discharging
its functions entrusted under this section, shall have
the powers to call for any information from any
Panchayat or Municipality in the districtand shall also
have the power to enter into such Panchayats and
Municipalities and inspect the functioning lhereof.
(5) The Committee shall have the power to review
implementation bythe Municipalities and to make such
recommendat,on as deemed appropriate.
(1) Subject to such control and restrictions as may be
prescribed, the State Govemment may appoint in
Committee, number of officers' and employees
(including experts for technical work) as may be
necessary for the efficient performance of its functions
and maydetermine their designations and grades.
25
(2) The Chief Administrative Offic€r and other members,
officers of the district planning committee shall be
entitled to'€ceive trom the funds of the Distric,t Planning
Committee such TA 1DA and such other allowances
as may be determined by rules and regulations made
in this behaf.
7. (1) The office ofthe Chairperson and every oher member Term of office
shall be honorary; and condition
(2\
I (1)
(2)
e. (1)
Provided that they may be paid such TA,/DA
and other allowances as the State Government may,
by rules and regulation determine from time to time.
The members shall be paid such sitting fee for every
meeting they attend and such travelling, daily
allowances as the State Government may, by rules,
determine.
The duty of the Urban and Regional Planning member
(Town Planner) (hereinafter referred to as the District
Regional Planning Members) shall be to assist the
District Planning Committee in the preparation of
development plan and annual plan of the District
Planning Committee under section 5 (2) and perform
all other such functions as may be incidental,
supplemental or consequential thereto or as may be
delegated to him by the District Planning Committee.
The Urban and Regional Planning (Town Planner)
member shall be provided with such establishment
by the district planning committee as may be
considered necessary and expedient for efficient
performance of his functions underthisAct.
The Distuict Planning Committee shall prepare a
development plan for a period of five year preferably
mterminous with the Slate Five Year Plan , and a report
thereon and siall publish the same by a notice in at
lsast ofle local newspaper indicating he place or places
where the district development plan shall be avaitable
for inspec{ion by the public inviting objections and
suggestions in writing from any person in respect of
the said plan within a period of thirty days from the
date of publication ofthe aforesaid notice
Dutles and
functions of
Urban and
Regional
Planning
(Towrt
Planner)
Members of
the DPC.
Preparation
and approval
of district
development
plan.
of service of
members of
the District
Planning
Committee.
26
(2) The Diskict Planning Committee shall appoint a Hearing Committee
consisting of not more than five of its members including the District
Urban and Regional Planning Membe( who will give hearing to all
such persons who have made a request, in writing for being so heard
and submit their report to the District Planning Committee.
(3) The Districl Planning Commiftee shall within thirty days from the
date of receipt ofthe report ofthe Hearing Committee under sub- section
. (2) resolve to give effect to such modifications, as may be considered
necessary and thereafter the District Development Plan would be
submitted 10 the Governmentwith a copy to the Urban and Country
Planning Board.
(4) The Govemment shall, within sixty days of the receipt o, the district
development plan under sub- section (3), approves the same with or
without modifications.
(5) As soon as may be, but not later than thirty days after the Diskict
Development Plan has been approved by the State Govemment, the
.District Planning Committee shall publish a notitication in Official
Gazefte and at least in two local newspapers, one of which must be
in English, of the approval of District Development Plan. The notice
shallalso state the name ofthe place or places where a copy of the
District Development Plan may be inspected at all reasonable hours
and also lhose copies thereof or extracts therefrom certified to be
correct shall be available for sale to the public at reasonable price.
(6) The District Development Plan shall come into operation from the
date of publication of the notification in the Official Gazette published
in terms of sub- section (5).
(7) Simultaneously with the publication of notification in the Official
Gazette under sub- section (5) the District Planning Committee shall
foMard a copy thereof to each of the concerned authority, Planning
and Development authorities, municipallty, panchayat at the District
level and also publish the salient features of such approved plan in
atleast two newspapers circulating in the district of which one must
be in English language for information of the public specifying the
place or places where a full copy of such plan may be inspected.
(8)
10
11. (1)
27
Provided that in case the District Development
Plan has been approved by the State Governmentwith
modifications, the District Planning Committee shall
incorporate the necessary modlfications before
forwarding it to above bodies and publication in the
Official Gazette or newspapers.
On receipt of the copy of the approved district
development plan each concerned Planning and
Development Authority and panchayat at the district
level shall take steps to obtain such sums of money
as allocated to it under Centre or State sector and
proceed to execute the concerned projects through
the process of ,ormulation ofannualplan and schemev
projects within the respective approved development
plan.
lmmediately after the expiry of three years from the
date ofapprovalof the district development plan under
suF section (5) of section 9, but not later than six
months, the District Planning Committee shall with
the assistrance of District Urban and Regional Planning
Member, reviewsuch plan and prepare a fresh distnct
development plan fur five years commencing from the
date of expiry ofsuch plan in brce afler incorporating
such modifications and amendments as may be
considered necessary and submit it for approval as
laid down in section 9.
Notwithstanding anything contained in section 9, the
development plan of a district may be modified at any
time and for this purpose the District Planning
Committee shall publish a draft of the proposed
modification by a notice in atleast one local
newspapers inviting objections and suggestions from
the public within thirty days from the date of aforesaid
publication ofthe notice and after givang an opportunity
of hearing to such persons who have made a request
of being heard and after considering such objections
and suggestions, finalize the modifications and submit
the modifications to the Stiate Govemment.
Review and
revision of
the district
development
plan.
Modificatins
to district
development
plan.
Filling up
ofcasual
vacancies
ResQnation 13
by members.
Remo\€lof 14
members.
2g
(2) The Sate Government may approve the modifications
with or \rvithout variatjons or refuse to approve the
modiMion by a notification an the Ofticial Gazette
and in at least one local newspaper.
Provided that no such modifications shall, as
proposed be approved by the State Govemment, unless
they are in public interestand are notifed to the public.
CHAPTER. III
MISCELLANEOUS
Any casual vacancy in the committee as constituted
under section 3, due to death, resignation, removal or
otheMise, of a member, the same shall be filled up by
fresh election or, as the case may be, nomination in
accordance with the provis,ons of this Act, and the
person so elected or nominated, as the case may be,
shall hold office for the unexpired period ofthe term of
the member in whose place he is so elected or
nominated.
Any member other than an Ex-officio member, may
resign his ofFrce by writing under his hand addressed
to the State Govemmentand shall be deemed to have
vacated his otfice with effect from the date his
resignation is accepted by the State Government.
The Slate Government may, by notification, remove
from office a memberof the Committee, if he-
(i) is found to have any pecuniary interest in the
schemes or works included in the plans or
progEmmes prepared by anyof the Municipalities
or by the Zilla Parishad ; or
(ii) is convicted of an offence invoMng molalturpitude;
ot
(iii) is found to be guilty of corrupt practice upon the
trial in an election petition.
15
16.
17
18. (1)
(2)
29
The State Government may, with a view to ensuring
the proper functioning of the Committee, issue from
time to time such administrative orders, directions
and lnstructions not inconsistenl with the provisions
of this Act and rules, as lhey deem fit for the
purposes of this Act and in particular in relation to
the preparation of appropnate plans.
The Diskict Planning Committee shall meet as and
when necessary and at least twice in a year at such
tme and place as the Chairperson may determine,
in this behalf and shall observed such proce-
dure as may be prescribed in regard to the
transaction of ils business at such meetings.
No act or proceeding of the Committee shall be
invalid on the ground merely ofthe existence ofany
vacancy or defect in the Constitution of the
Committee.
The State Government may, by notification, make
rules and regulations forcarrying outthe provisions
of this Act.
ln particular and without prejudice to the generali9
ofthe foregoing power, such rules and regulations
may provide for all or any of the iollowing matters,
nearly :-
(a) manner of constitution of Committees and the
election of members thereto under section 3 ,
(b) provision relating to honorarium, sitting fee and
travelling and daily allowances payable to the
members under section 7 ;
(c) procedure relating to convening of the meetings
of the Commiftee and the transaction of the
business ;
(d) any other matter which has to be, or may be,
prescribed.
lssue of
guidelines
Meeting of
the District
Planning
Committee.
Vacancies
etc. not to
invalidate
proceedings
of the Com-
mittee.
Power to
make rules
and regu-
lations.
30
Power to
Iemor'e
difficulties.
I
and
to them
o, nol
Provided that no ordershall be issued under
this section after the expiry of a period oflhree years
from the date of commencement of thisAct.
srBm . rcilEJilirc{ yd ,y6rfl rnsrnnrevoA sl$e edT (l) 8f
anoiaivolg edrJuo pniy1r6trol ?noirslu€,sl bn6 aeiul
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vtilE)ense orb or solbiJi$q ruo.ttlv. ,ri r9lu3ii6q nl (S)
enoir6iup$ br6 eglur rloue Je#cq enrogs-'ol on,lo
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-: v'he5;;
srl, bfl6 ?gsrimmoClo floiruiirenoo io 1gnflEm (6)
I noircoe rgbnu olslgd, algdrnom lo noiloslo
bns s5? gnirfia ,rftrh8]onod o, g{rrrsbr noiz,vorq (d)
grtl o, eldEysq eosrvollB yli6b bn6 gnillevsr,
, \ n9ib6e -1abnu argdmom
?gniigam srtlo eflinevnoo o, grli-rdgl grrrbsoorq (3)
9rl, lo noirc6an6r, orl, bna gsrrimrio3 5d, lro
:?--i9lri?Ud
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i:gdir:,'agrq
31
SCHEDULE
(See Sub-section (2) of Section 3)
COMPOSITION OF DISTRICT PLANNING COMMITTEES IN THE STATE
sl.
No
District ElectedMembers Ex Officio Nominated
Members
Total
From From Total
Zilla Munici- 3+4
Parisad/ pality
all Chief
Coun-
cillor
Chair- Chair- Govt
person person officers
Anchal Ward
Samiti Com-
Ex- mittee
ofFrcio Ex-
mem- officio
bers mem- '
bers.
2 34 5 6789
1. Ta,lrang 6
2. West Kameng 9
3. EastKameng 14
4. Papum Pare '10
5. Lower Subansiri 14
6. UpperSubansiri 14
7. Kurung Kumey 13
8. West Siang 20
9. Uppersiang 4
10. East Siang 3
11. UpperDibang 3
Valley
12. Dibang Valley 6
13. Lohit 8
14. Anjaw 4
15. Changlang 7
16.'1-irap 16
#
#
#
#
#
#
#
#
#
*
#
#
#
#
6
o
14
10
14
14
IJ
20
4
J
6
I
4
7
to
6+'
9+*
'14 +'
10 +.
14 +'
14 +'.
13 +',
20 +'
4+'
3+'
3+'
6+'
8+'
4+'
7+'
16 +"
1
32
* Note:- * l. There shall be only one Chief Councilor in one Municipality.
The number of Chief Councilorand Chairperson ofward Com-
mittee of a district shall be available gnly after constitution of
Municipality.
#
(i) District Economic & $atistical Officer
(ii) Project Director, DRDA
(iii) Toi/n Phnner
(M) District Planning Officer
(v) Bank Ofiicer.
Lex