The Gujarat Metropolitan Planning Committees Act, 2008.

Extra No. 19 REGISTERED No. G/Gl\'R/2 
© 
tltbe @ujarat ~obernment @a?ette 
EXTRAORDINARY 
PUBLISHED BY AUTI-IORITY 
Vol. XLIXJ TUESDAY, SEPTEi\IBER 30, 2008/AS~A 8, 1930 
Scpar.ite paging i,. given to this Part in order that it may be filed as a Separate Compilation. 
PART IV 
Act• of Gujarat Legislatur e and OrdiMnccs promulgated and 
Regulations made by the Governo r. 
The fol!O\\ing Act of the Gajarat Legislature. having been assented to by the 
Governor on the 30'ii September, 2008, is hereby published for general information. 
H.D. VYAS, 
Sccrewy to the Government of Gujarat, 
Legislali\·e and Parliamcnwy Affairs DcpanmenL 
GUJARAT ACT NO. I80F2008. 
(First published, after having received the assent of the Governor, in the 
"Gujarar GovernmenJ Ga::eue" on the 30111 September. 2008). 
Al\' ACT 
to provide for the constitution of the Metropolitan Planning Commincc in every 
Metropolitan area for preparation of the draft development plan for the 
Metropolitan area. 
It is hereby enacted in the Fifty-ninth Y car of the Republic of India as 
follows:-
1. ( l) This Act may be called the Gujarat Metropolitan Planning Short till< and 
Committees Act, 2008. commencement. 
(2) It shall come into force on such date as the St.ate Government may, by 
notification in the Official Gazette, appoinl 
IV-Ex., 19· 1 19· 1 
19-2 
Jnfinitions. 2. 
Gld ARA T GOVERNMENT G/\ZElTE, EX., 30-9-2008 [PART IV 
In this Act, unless the context otherwise requires, -
(a) .. Chief Executive Authority~ means officer appointed by the 
Government in respecti~e Urban Development Aulhority: 
(b) "Collector" means the Collector of the District in the Metropolilan 
area: 
(c) 
(d) 
(e) 
·-Commmee" means a Metropolitan Planning Comminee 
constituted under sub-section (I) of section 3; 
"district .. means a district of Gujarat: 
"Dist rict Development Officer" means the officer appointed as 
such by the Government under the Gujarat Panehayats Act, 1993. G•i· is or 
1'93. 
(f) '"District Pancbayat" means a District Panchayat defined in clausl.' 
(7) of section 2 of Gujarat Panchayats Act, 1993; ~;j)_
180
' 
(g) ··panchayat~ mean:; a village panchay:n as ddined in clause (30) 
of section 2 of the Gujarat Pancba'-11ts Act. 1993: G•1-1s.r , 1'9J. 
(h) '"population" means the population a~ ascertained at !he lasr 
preceding (."ensus of which rhe relevant figures have been 
published: 
(i) "presc ribed" mtlans prescr ibed by rules made under this Act; 
(j) .. Metropolitan area·· means an area ha\'ing 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 public notification to be a 
Metropolitan area for the purposes of lhis /\ct: 
(k) ··\lfunicipality~ means an institution of self-Government as defined 
in clause (14) of sect ion 2 of the Gujarat Mw1icipalities Act, 1963; 
(I) .. norificauon .. means notification published in the Official Gu-..eue; 
(m) "Urba n Development Authority" means an urban development 
authority constituted under sub-section (I) of section 22 of the 
Gujarat Town Planning and Urban Development Act, 1976 for 
Ahmedabad, Surat. Vadodara and RaJkot_ 
Guj. 34 of 
1%4. 
Prc.JJdcat Ace 
No.nor 
197'-
PART IV] GUJARAT GOVERNMENT GAZETTE, £X., 30-9-2008 19-3 
3. (1) The State Government shall, by notification in the Official Gazette 
constitute a Metropolitan Planning Committee in .every Metropolitan are< 
consisting of such number of persons not less than thirty and not more than foriy. 
five as it may determine. 
(2) The Metropolitan Planning Committee shall consist of following 
members, namely :-
(i) The Chairperson of the committee shall be the Minister nominated by the 
Government; 
(ii) the President of the District Panchayat having largest population in the 
Metropolitan area if there are more than one district, within the 
Metropolitan area, shall be a member; 
(iii) the Chairman of the concerned Urban Development Authority in 
Metropolitan area, ex-officio; 
(iv) the Mayor of Municipal Corporation shall be member; 
(v) the Municipal Commissioner, ex-officio; 
(vi) the District Collector, ex-o.fficio; 
(vii) the District Development Officer of the District Panchayat having largest 
population in the Metropolitan area if there are more than one district, 
within the Metropolitan area, ex-officio; 
(viii) the Chief Executive Authority of concerned Urban Development Authority 
shall be Member-Secretary of the Committee and his office \Vil! be the 
Secretariat of the Committee; 
(ix) a person or persons, as detennined by the State Government having special 
knowledge in the fields of economics, planning, finance, engineering or 
administration, may be appointed as member or members; 
(x) Such number of members as determined by the State Government, to be 
elected by and from amongst the elected members of Municipalities and 
Chairpersons of Panchayats falling in the Metropolitan area : 
Provided that not Jess tban two-thirds of the total number of the 
members of the Committee shall be elected by and from amongst the 
elected members of the Mwucipalities and Chairpersons of the Panchayats 
in proportion to the ratio between the population of the Municipalities and 
of the Panchayats in the Metropolitan area. 
Constitution of 
Metropolitan 
Planning 
Committee . 
19-4 GUJARAT GOVER.l'1MENT GAZETTE, EX., 30-9-2008 [PART IV 
(3) (i) The members of the House of the People and the members of the 
Gujarat Legislative Assembly elected from any constituency in the Metropolitan 
area or a part thereof shall be permanent invitees to the Metropolitan Planning 
Comminee; 
(ii) Such officer or officers of the State Government or of any statutory Board, 
Corporatio n or Authority having knowledge in the field of economics, planning, 
engineering, finance or administration, as decided by the State Government, shall 
be the permanent invitees to the Metropolitan Planning Committee. 
Election. 4. (1) The Municipal Commissioner shall co-ordinate and supervise all works 
Torm or offkc 
and olbcr 
conditions or 
mtmbus of 
Committee. 
in connection with the election of members to the Committee in the manner as 
may be prescribed. 
(2) The Municipal Commissioner shall appoint a Returning Officer and as 
many Assistant Returning Officer as may be necessary for conducting the election 
of members to the Committee. 
(3) The powers and functions of the Returning Officer and the Assistant 
Returning Officers shall be such as may be prescribed. 
(4) \Vhere any dispute arises regarding any election held under this Act, any 
person entitled to vote at such election may, within thirty days after the date of the 
declaration of the results of such election, file an appeal before the Election 
Commissioner of the State having jurisdiction, and the decision of the Election 
Commissioner shall be final and shall not be called in question in any coun. 
(5) Notwithstanding anything to !he contrary contained in this Act or in any 
other law for the time being in force, no civil court of law shall have jurisdiction 
to entertain any petition calling in question the validity of any election held under 
this Act. 
5. {I) The term of office of the members of the Committee other than ex-
officio, shall be five years. 
(2) A member of a Committee, who is a Chairperson of a Panchayat, or a 
member of a Municipality, the House of the People, the Legislative Assembly of 
the State shall cease to be a member of the Committee if he ceases to be a 
Chairperson of respective Panchayat, or a member of the respective Municipality, 
the House of the People or the Legislative Assembly of the State. 
(3) The other tenns and conditions of the members of the Committee shall be 
such as may be prescribed. 
PART IV] GUJARAT GOVERNMENT GAZE1vfE, EX., 30-9-2008 19-5 
6. A member of a Committee may, at any time, resign his office by writing to 
the Chairperson and, on such resignation being accepted, the member shall be 
deemed to have vacated his office. 
7. Any vacancy occurring by reason of death, resignation or otherwise of an 
elected member of a Committee shall be filled by election of another member in 
the manner as may be prescribed. 
8. The State Government shall provide to the Committee such sum as it may 
think fit for the purpose of carrying out the functions by the Committee under this 
Act. 
9. (l) The Committee shall meet on such date, at such time and place as 
the Chairperson may think fit and shall observe such rules of procedure in regard 
to the transaction of business at its meetings as may be prescribed; 
Provided that the Chairperson, when required by a notice in writing by at 
least one-third of the members of the Committee shall call a meeting within one 
month from the date of receipt of the notice. 
(2) Minimum of ten members, shall form a quorum for a meeting of the 
Committee: 
Provided that no quorum shall be necessary for an adjourned meeting. 
(3) The Secretary of the Committee shail maintain records and the 
proceedings of the meetings of the Committee and shall take such actions as the 
Committee may decide. 
10. (1) Every Metropolitan Planning Committee shall prepare a draft 
development plan for the Metropolitan area as a whole. 
(2) The Committee shall, in preparing the draft development plan under sub-
section (I), -
(a) have regard to· 
(i) the plans prepared by the Municipalities and the Panehayats in the 
Metropolitan area, 
(ii) matters of common interest between the Municipalities and the 
Panchayats, including co-coordinated spatial planning of the area, 
sharing of water and other physical and natural resources, the 
integrated development of infi:astructurc and environmental 
conservation; 
(iii) the overall objectives and priorities set by Government of India and 
the State Government; 
Resignation. 
Filling of casual 
vacancy in place 
ofan elected 
memt>er of 
Committee. 
Grant to 
Committee. 
Procedure, 
records to be 
regulated by 
Committee. 
Functions of 
Metropolitan 
Planning 
Committee. 
Power or State 
Government to 
make rul<S. 
Po,.trto 
ttmO\'t' 
difficultitS. 
19-6 GUJARAT GOYEIU\'ME\'T GAZETTE, EX., 30-9-2008 [PART IV 
(iv) the extent and nature of investments likely to be made in 
Metropolilan area by agencies of the Governmcm of India and of 
the State Government and other available resources whether 
financial or otherwise; 
(b) consult such institutions and organizations as the State Go\·emment may, 
by order, specify. 
(3) The Chairperson of a Metropolitan Planning Committee shall forward the 
draft development plan, as recommended by such Committee. to the State 
Government in the manr.er as may be prescnl>ed. 
(4) The Chairperson of a Committee shall have powers to mvitc any expert of 
any field if necessary as a special invitee. 
11. (I) The State Government may, by notification in the Official Gazette, 
make rules for carrying out the purposes of this Act. 
(2) In particular and ""'ithout prejudice to the generality of the foregoing 
pov.-er. such rules may provide for all or any of the matters, which under any 
provision of this Act, arc required to be prescribed or to be provided for by rules. 
(3) All rules made under this section shall be laid for not less than thirty days 
before the State Legislature as soon as possible after they are made and shall be 
subject to resci:.sion by the State Legislature or to ~uch modification as the State 
Legislarure may make during the session in which tllc) are so laid or the session 
immediately following. 
(4) Any rescission or modification so made by the State Legislature shall be 
published in the Official Ga=ette. and shall tllcreupon take efteet. 
12. (I ) If any difficulty arucs in giving effect to the provisions of this Act. 
the Statc Government may, by order publishc:d in the Official Gazelle, make such 
provisions not inconsistent with the provisions of this Act, as appears it to be 
necessary or expedient for removing the d;mculty: 
Provided that no order under sub-section (I) shall be made after tllc expir) 
oft\\O years from the date of commencement oftllis Act. 
(2) Every order made under this section shall be laid, as soon as may be after 
it is made, before the State Legislature . 
Co,emment Central Press, Gandhinag;ir. 

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