LexThe Maharashtra District Planning Committees (Constitution and Functions) Act, 1998.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1998 : Mah. XXIV] 1
THE MAHARASHTRA DISTRICT PLANNING COMMITTEES
(CONSTITUTION AND FUNCTIONS) ACT, 1998
[Text as on 1st April 2024]
____________
CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
CONSTITUTION AND FUNCTIONS OF THE DISTRICT PLANNING COMMITTEE
3. Constitution of District Planning Committee.
4. Reservation of seats.
5. Term of office and filling of casual vacancies.
6. Removal of members.
7. Procedure to be followed in discharge of the functions.
8. Proceedings presumed to be good and valid.
9. Allowances of Chairpersons and members.
10. Functions of District Planning Committee.
11. Constituting Executive Committees and Sub-Committees.
CHAPTER III
MISCELLANEOUS
12. Directives by State Government.
13. Power to make rules.
14. Power to remove difficulties.
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(Constitution and Functions) Act, 1998
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(Constitution and Functions) Act, 1998
LIST OF AMENDMENT ACTS
1. Amended by Mah. 30 of 2000 (5-5-2000)
2. Amended by Mah. 33 of 2012 (24-12-2012)
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
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(Constitution and Functions) Act, 1998
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(Constitution and Functions) Act, 1998
MAHARASHTRA ACT NO. XXIV OF 19981
[THE MAHARASHTRA DISTRICT PLANNING COMMITTEES
(CONSTITUTION AND FUNCTIONS) ACT, 1998.]
[This Act received the assent of the Governor on the 7th October 1998; assent was first published, in the
Maharashtra Government Gazette, Part VIII, on the 9th October 1998.]
An Act to provide for constituting at the district level a District
Planning Committee to consolidate the 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 provide for
matters connected therewith or incidental thereto.
WHEREAS, it is expedient to enact a law to provide for constituting at the district level a District
Planning Committee to consolidate the plans prepared by the Panchayats and the Municipalities in the
district and to prepare a draf t development plan for the district as a whole; and to provide for matters
connected therewith or incidental thereto; It is hereby enacted in the Forty -ninth Year of the Republic
of Indian as follows :—
CHAPTER I
PRELIMINARY
1. Short title, extent and com mencement.— (1) This Act may be called the Maharashtra
District Planning Committees (Constitution and Functions) Act, 1998.
(2) It extends to whole of the State of Maharashtra, excluding the Scheduled Areas declared by
the President of India, from time to time, in exercise of the powers conferred by paragraph 6 of the
Fifth Schedule to the Constitution of India.
(3) It shall come into force on such date as the State Government may, by 2notification in the
Official Gazette, appoint.
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) “Backward Class of citizens” means such classes or parts of groups within such classes
as are declared, from time to time, by the State Government to be Other Backward Classes,
Vimukta Jatis, Nomadic Tribes and Special Backward Class ;
3[(a-i) “Constituency” means a constituency for election to a District Planning Committee
and shall consist of the rural area constituency, transitional area constituency, smaller urban area
constituency and the larger urban area constituency, comprising the area of Zilla Parishad, Nagar
Panchayats, Municipal Councils and Municipal Corporations, respectively in the respective
District;]
(b) “Constitution” means the Constitution of India ;
(c) “development plan” means socio -economic development plan for primary, secondary
and tertiary sectors of economy as outlined in the Five Year Plan and the Annual Plan of the
country in general and State in particular ;
(d) “district” means a district as defined in clause (b) of article 243-P of the Constitution ;
(e) “Mini ster-in-charge of the district” means a Minister designated by the State
Government to be the Minister-in-charge of the district ;
(f) “Municipality” means a Municipality as defined in clause ( e) of article 243 -P of the
Constitution ;
1 For Statement of Objects and Reasons of the L. A. Bill No. L of 1996 , see Maharashtra Government Gazette , 1998,
Part V, page 520.
2 This Act came into force w.e.f. 15th March 1999, by G. N., Planning Department, No. JNS. 1098/ ER-93, Desk 1444.
3 Clause (a-i) was inserted by Mah. 30 of 2000, s. 2 (a).
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1[(g) “Panchayat ” means a Panchayat at District level (Zilla Parishad) constituted under
section 9 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Mah. V of 1962);]
(h) “population” means the population ascertained at the last preceding census of whic h the
relevant figures have been published ;
(i) “prescribed” means prescribed by rules made under this Act ;
(j) “rural area” means the area conprising all Panchayats in a district ;
(k) “Scheduled Castes” means such castes, races or tribes or parts of , or groups within such
castes, races or tribes as are deemed to be the Scheduled Castes in relation to the State of
Maharashtra under article 341 of the Constitution ;
(l) “Scheduled Tribes” means such tribes or tribal communities or parts of, or groups within,
such tribes or tribal communities as are deemed to be the Scheduled Tribes in relation to the State
of Maharashtra under article 342 of the Constitution.
CHAPTER II
CONSTITUTION AND FUNCTIONS OF THE DISTRICT PLANNING COMMITTEE
3. Constitution of D istrict Planning Committee. — (1) There shall be a District Planning
Committee for every district consisting of not less than thirty and not more than fifty members as
provided sub-section (2) to consolidate the plans prepared by the Panchayats and the Municipalities in
the district and to prepare a draft development plan for the district as a whole.
(2) The District Planning Committee, for a district with population of,—
(i) more than twenty lakhs, shall have thirty members ;
(ii) more than twenty lakhs but not more than thirty lakhs, shall have forty members; and
(iii) more than thirty lakhs, shall have fifty members.
(3) Every District Planning Committee shall consist of the following members, namely:—
I. Ex-officio Members—
(a) Minister-in-Charge of the district ;
(b) President of the Zilla Parishad ;
2[(c) Collector of the district.]
3[II. Nominated Members .— (a) The Governor shall nominate one member from amongst the
members of the Statutory Development Board for the concerned region, as its representative ;
(b) The State Government shall nominate two members form amongst the members of the
Maharashtra State Le gislature and the members of Parliament, ordinarily resident of, or elected
from the area of the District Planning Committee ;
(c) The State Government shall, in case of a District Planning Committee having forty
members, nominate two members and in case o f a District Planning Committee having fifty
members, nominate four members, having knowledge relating to the District Planning, in addition
to the Ex-officio members and the members nominated under clauses (a) and (b) ;
(d) Where a members of the District Planning Committee, nominated under clause (b) or (c),
is a Minister, such member shall be designated as the Co-chairperson of the Committee.]
III. Elected Members.— (a) Of the total number of members of the District Planning Committee
not less than four -fifths shall be elected by, and from amongst, the elected members of the Panchayat
1 Clause (g) was substituted by Mah. 30 of 2000, s. 2 (b).
2 Clause (c) was substituted for clauses, (c), (d), (e) and (f) by Mah. 30 of 2000, s. 3 (a) (1).
3 Paragraph with the heading “II. Nominated Members” was substituted, by Mah. 30 of 2000, s. 3 (a) (2).
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(Constitution and Functions) Act, 1998
at the district level 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.
(b) The members to be elected under clause ( a) to the District Planning Committee shall be
elected 1[in the prescribed manner,] from amongst the voters, in the electoral college earmarked
for the purpose.
(c) The election of members shall be conducted in accordance with the system specified in
clause (b), by such authority or officer and in such manner as may be prescribed.
2[IV. Special Invites.— (a) The members of the Parliament and the members of the Maharashtra
State Legislature, ordinarily resident of, or elected from the area of the District Planning Committee,
other than those nominated by the State Government under paragraph II;
(b) the Divisional Commissioner for the district ;
(c) the Chief Executive Officer of the Zilla Parishad ;
(d) the officer on Special Duty (Planning) in the office of the Divisional Commissioner ;
(e) the District Planning Officer; and
(f) the State Government in consultation with the Chairperson of the District Planning
Committees shall nominate 10, 12 and 15 persons ordinarily resident of the area of the District
Planning Committee and having knowledge of District Planning, to be special invitees on the
District Planning Committees whose total number of members are 30, 40 and 50, respectively;]
(4) The Minister -in-charge of the district shall be the Chairperson of the District Planning
Committee and the Collector of the district shall be the Member -Secretary of the District Planning
Committee.
(5) In the absence of the Chairperson at any meeting of the District Plan ning Committee, the
members may elect the 3[Chairperson] from amongst themselves to preside over the meeting.
4. Reservation of seats.— (1) In the seats to be filled in by election in the District Planning
Committee, there shall be seats reserved for persons belonging to the Scheduled Castes, Scheduled
Tribes, Backward Class of Citizens and women, as provided in sub -sections ( 2) and ( 3), in the
prescribed manner.
4[(2) The number of seats to be reserved for the persons belonging to the Scheduled Castes in
each constituency shall bear, as nearly as may be, the same proportion to the total number of Scheduled
Caste members in that constituency as the population of the Scheduled Castes in the district bears to
the total population of the District:
Provided that, 5[one-half] of the total number of seats so reserved shall be reserved for women
belonging to the Scheduled Castes:
Provided further that, where the number of seats reserved for Scheduled Castes in only one, then
no seat shall be reserved for woman belonging to the Scheduled Caste 6*****.]
7[(2A) One seat shall be reserved for the Scheduled Tribes in a District Planning Committee
where the constituency of such district is having the largest number of elective seats in the general
category, and where such district does not have a separate District Planning Committee exclusively for
the Tribal Sub-Plan:
Provided that, no seat shall be so reserved if there is no member belonging to a Scheduled Tribe
amongst the members of the Constituencies of the District Planning Committees.]
1 These words were substituted for the words “single transferable vote,” by Mah. 30 of 2000, s. 3(a) (3).
2 The Paragraph with the heading “IV. Special Inveitees” was substituted, by Mah. 30 of 2000, s. 3 (a) (4).
3 This word was substituted for the words “Vice-chairperson”, Mah. 30 of 2000, s. 3 (b).
4 Sub-section (2) was substituted by Mah. 30 of 2000, s. 4 (a).
5 These words were substituted for the words “one-third” by Mah. 33 of 2012, s. 2 (1) (a).
6 These words “and where only two seats are reserved for the Scheduled Castes, one of the two seats shall be reserved for
woman belonging to the Scheduled Caste” were substituted, Mah. 33 of 2012, s. 2 (1) (b).
7 Sub-section (2A) was inserted by Mah. 30 of 2000, s. 4 (b).
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(3) The number of seats to be reserved for the persons belonging to Backward C lass of Citizens
shall be thirty per cent. of the total number of seats to be filled -in by election in the District Planning
Committee:
Provided that, 1[one-half] of the total number of seats so reserved shall be reserved for women
belonging to the category of Backward Class of Citizens.
(4) 2[One-half] (including the number of seats reserved for women belonging to the Scheduled
Castes, the Scheduled Tribes and the Backward Class of citizens) of the total numbers of seats to be
filled-in by election from t he urban area or rural area in a District Planning Committee shall be
reserved for women.
5. Term of office and filling of casual vacancies. — (1) The term of office of the members
nominated shall be such as may be specified by the State Government at the time of such nomination
on the District Planning Committee.
(2) The term of office of the elected members of the District Planning Committee shall be co -
terminus with their term of office in the respective local authority.
(3) A nominated or elected member may resign his office by writing under his hand addressed to
the State Government. The resignation shall be effective from the date of its receipt by the State
Government.
(4) Any casual vacancy arising out of such resignation or for any other reason s uch as death or
disablement of a member shall be filled by nomination or election, as the case may be:
Provided that, the member so nominated or elected shall hold office only for the remainder of the
term for which the member in whose place he is nominated or elected, would have held office.
6. Removal of members.— The State Government may, by notification in the Official Gazette,
remove from the office a member of the District Planning Committee—
(a) if he has any pecuniary interest in the schemes, or w orks included in the plans or
programmes prepared by the Municipal Corporations, Zilla Parishads , Municipal Councils or
Nagar Panchayats in the District; or
(b) if he is convicted for an offence involving moral turpitude punishable under the
provisions of any law for the time being in force in the State; or
(c) if he, upon the trial of election petition, is found guilty of corrupt practies.
7. Procedure to be followed in discharge of functions. — The procedure to be followed in
discharge of the functions by the District Planning Committee shall be such as may be prescribed.
8. Proceeding presumed to be good and valid. — No act or proceeding of the District Planning
Committee shall be invalid by reason only of a vacancy therein, or any defect in the electio n or
nomination of any member, if such act or proceeding is otherwise in accordance with the provisions of
this Act.
9. Allowances of Chairpersons 3**** and members. — The Chairperson, 4**** and other
members of the District Planning Committee shall receive such allowances as may be fixed by the
State Government, from time to time.
10. Functions of District Planning Committee. — The State Government shall, by order, from
the date specified in such order entrust to the District Planning Committee all o r any of the functions
mentioned below—
1 These words were substituted for the words “one-third” by Mah. 33 of 2012, s. 2 (1) (c).
2 These words were substituted for the words “one-third” Mah. 33 of 2012, s. 2 (1) (d).
3 The words “Vice-chairperson” were deleted, Mah. 30 of 2000, s. 5 (b).
4 The words, brackets and figures “the person elected as Vice -chairperson under sub-section (5) of section 3” were deleted
by Mah. 30 of 2000, s. 5 (a).
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(Constitution and Functions) Act, 1998
(a) to consider and consolidate the District Annual Plans prepared by the Panchayats and
Municipalities in the district and to prepare draft Development plan for the district as a whole ;
(b) to consider the Five Year Plan and perspective plans prepared by the Panchayats and the
Municipalities and co -ordinate and prepare draft Five Year Plan and perspective development
plan for the entire district ;
(c) to review and monitor the progress of Dist rict Annual Plan and suggest reappropriation
of approved provision of the District Annual Plan in accordance with the guidelines issued by the
State Government ;
(d) to recommend through the Chairperson the approved draft development plan to the State
Government ; and
(e) to ensure compliance of the provisions of clause ( 3) of article 243 -ZD of the
Constitution.
11. Constituting Executive Committees and Sub -Committees.— The State Government may
constitute an Executive Committee and Sub -Committees, as may be necessary, for carrying out the
purposes of this Act.
CHAPTER III
MISCELLANEOUS
12. Directives by State Government.— The State Government may issue directives, from time
to time, to the District Planning Committees with regard to, the guidelines on fu nctioning of, or
resolution adopted by, the said Committees, or any matter that the State Government considers fit for
taking up with the Committees. On receipt of the directions, the District Planning Committees shall
comply with such directives.
13. Power to make rules. — (1) The power to make rules under this Act shall be exercised by
the State Government by notification in the Official Gazette.
(2) Without prejudice to any power to make rules contained elsewhere in this Act, the State
Government may, m ake rules consistent with the provisions of this Act generally, to carry out the
purposes of this Act.
(3) 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 thirty days, which may be
comprised in one session or in two successive sessions, and if, before the expiry of the session in which
it is so laid or the session immediately following, both Houses agree in making any modification in t he
rule, or both Houses agree that the rule should not be made, and notify such decision in the Official
Gazette, the rule shall, from the date of publication of such notification have effect only in such
modified form or be of no effect, as the case may b e; so however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done or committed to be
done under that rule.
14. Power to remove difficulties. — If any difficulty arises in giving effect to any of the
provisions of this Act, the State Government may, as occasion arises, by order, do anything, not
inconsistent with the objects and purposes of this Act, which appears to it to be necessary for the
purpose of removing the difficulty :
Provided that, no such order shall be made after the expiry of a period of two years from the date
of commencement of this Act.