The ODISHA DISTRICT PLANNING COMMITTEES ACT, 1998

*THE ORISSA DISTRICT PLANNING
COMMITTEES ACT, 1998
ORISSA ACT 8 OF 1998
[Received the assent of the Governor on the 28th September 1998, first published in
an extraordinary issue of the Orissa Gazette, dated the 8th October 1998]
AN ACT TO PROVIDE FOR THE CONSTITUTION OF DISTRICT PLANNING
COMMITTEE AT THE DISTRICT LEVEL TO CONSOLIDATE THE PLANS
PREPARED BY THE PANCHAYATS AND THE MUNICIPALITIES IN THE
DISTRICT AND TO PREPARE DRAFT DEVELOPMENT PLAN FOR THE
DISTRICT AS A WHOLE
BE it enacted by the Legislature of the State of Orissa in the Forty-ninth
Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1.  (1) This Act may be called the Orissa District Planning Committees
Act, 1998.
(2) It extends to the whole of the State of Orissa.
2. In this Act, unless the context otherwise requires,-
(a) "Committee" means a District Planning Committee constituted under
section 3;
(b) "Government" means Government of Orissa;
(c) "member" means a member of the Committee and includes the
Chairperson thereof;
(d) "Municipality" means a Notified Area Council or a Municipal Council
or a Municipal Corporation constituted under the Orissa Municipal
Act, 1950;[Orissa Act 23 of 1950]
(e) "panchayat" means a Grama Panchayat constituted under the
Orissa Grama Panchayats Act, 1964,[Orissa Act 1 of 1963] or a
* Published vide Orissa Act 8 of 1998
For the Bill see Orissa Gazette, Extraordinary, dated the 23rd September, 1997 (No.
1195).
The Odisha   Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. Date :   8th October 1998
Short title and
extent
 Definitions
2
Panchayat Samiti constituted under the Orissa Panchayat Samiti
Act, 1959 or a Zilla Parishad;[Orissa Act 7 of 1960.]
(f) "prescribed" means prescribed by rules;
(g) "rules" means rules made by the Government under this Act;
(h) "Zilla Parishad" means a Zilla Parishad constituted under the Orissa
Zilla Parishad Act, 1991.[Orissa Act 17 of 1991.]
CHAPTER II
CONSTITUTION, POWERS AND FUNCTION OF DISTRICT
PLANNING COMMITTEE
3.  (1) There shall be constituted at the level of every district 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.
(2) The District Planning Committee of a district shall consist of such
number of members as specified against that district in the Schedule.
(3) As nearly as, but not less than, eighty percentum of the members
shall be elected in the prescribed manner by , and from amongst, the elected
members of the Zilla Parishad and the elected Councilors of the Municipalities in
the district in proportion to the ration between the population of the rural areas
and of the urban areas in the district and the remaining twenty percentum of the
members shall be as follows:-
(i) a Minister in the Council of Ministers of the State to be nominated
by the Government , who shall be the Chairperson;
(ii) the Collector of the district, who shall be the Member-Secretary;
and
(iii) the remaining members, if any, to be nominated by the Government
from among the persons having knowledge in Planning, Agriculture,
Economics, Irrigation, Industry, Education, Rural Development or
Social Services.
Provided that no person shall be qualified for nomination as a member
under this clause, if he-
(i) is, at the time of nomination, of unsound mind or a deaf-mute; or
(ii) is an uncertified bankrupt or undischarged insolvent; or
(iii) has been convicted of an offence involving moral turpitude.
(4) Notwithstanding anything contained in this section,-
(a) members of Parliament and the members of the Legislative Assembly
of the State representing constituencies which comprise wholly or p artly any
area of the district shall be invited to attend the meetings of the Committee as
permanent invitees; and
Committee for
district Planning
3
(b) it shall be competent for the Chairperson of the Committee 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 (a) and any person invited under clause (b) shall
not have the right to vote in the meeting of the Committee, but the views expressed
by them shall be recorded in the proceedings of the meeting.
Explanation-For this purposes of the section,-
(a) "rural areas" means the territorial areas of Panchayats; and
(b) "urban areas" means the territorial areas of Municipalities.
(5) In absence of the Chairperson the members present in a meeting shall
choose one from among themselves to preside over the meeting of the Committee.
(6) The quorum for the meetings of the Committee shall be one-half of total
number of members thereof.
4. The term of office of an elected member shall be five years commencing
on the date of his election unless removed earlier:
Provided that the term of office of every elected member shall be
conterminous with his membership in the Zilla Parishad or, as the case may be,
the Municipality.
5.  (1) The Committee shall consolidate the plans prepared by the
Panchayats and Municipalities in the district and shall prepare an integrated
draft development plan for the district as a whole.
(2) In preparing the draft development plan, the Committee shall-
(a) have due regard to-
(i) matters of common interest between the Panchayats and
the 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; and
(b) consult such institutions and organizations as the Governor may,
by order, specify in that behalf.
(3) The Chairperson of every Committee shall forward the development
plan to the Government with the recommendation of the Committee.
(4) The Committee shall, for the purpose of discharging its functions
entrusted under this section, have powers to call for any information from any
Panchayat or Municipality in the district and shall also have the power to enter
into such Panchayats and Municipalities and inspect the functioning theirof.
(5) The Committee shall have power to review implementation of
developmental programmes by the Panchayats and Municipalities and to make
such recommendation as deemed appropriate.
Term of of fice
of elected
members
Powers and
functions of the
Committee
4
CHAPTER III
MISCELLANEOUS
6.   Any casual vacancy in the office of a member due to death, resignation,
removal or otherwise shall be filled up by fresh election or, as the case may be,
nomination in accordance with the provisions of this Act, and the person so
elected or nominated, as the case may be, shall hold office for the unexpired
period of the term of the member in whose place he is so elected or nominated.
7.   Any member other than an ex officio member, may resign his office by
writing under his hand addressed to the Government and shall be deemed to
have vacated his office with effect from the date his resignation is accepted by
the Government.
8. The Government may, by notification, remove from office member of the
Committee, if he-
(i) is found to have any pecuniary interest in the schemes or works
included in the plans or programmes prepared by any of the
Municipalities or by the Zilla Parishad; or
(ii) is convicted of an offence involving moral turpitude; or
(iii) is found to be guilty of corrupt practice upon the trial of an election
petition.
9.  (1) The office of the Chairperson and every other member shall be
honorary:
Provided that he may be paid such honorarium as the Government may,
by rules, determine from time to time.
(2) The members shall be paid such sitting fee for every meeting they
attend and such traveling and daily allowances as the Government may, by rules,
determine.
10. - The Government may, with a view to ensuring the proper functioning
of the Committee, issue from time to time such administrative orders, directions
and instructions not inconsistent with the provisions of this Act and rules, as
they deem fit for the purposes of this Act and in p articular in relation to the
preparation of appropriate plans.
11.  The procedure relating to the convening of the meetings of the Committee
and the transaction of its business shall be such as may be prescribed.
12 . No act or proceeding of the Committee shall be invalid on the ground
merely of the existence of any vacancy or defect in the Constitution of the
Committee.
13. (1) The Government may, by notification, make rules for carrying out
the provisions of this Act.
Filling up of
casual
vacancies
Resignation
by members.
Removal of
members.
Conditions of
office of
members.
Issue of
guideline
Procedure to be
followed by the
Committee.
Vacancies etc.
not to invalidate
proceedings of
the Committee
Power to make
rules.
5
(2) In particular and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters, namely:-
(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
allowance payable to the members under section 9;
(c) procedure relating to convening of the meetings of the Committee
and the transaction of its business;
(d) any other matter which has to be, or may be, prescribed.
14. If any difficulty arises in giving effect to the provisions of this Act, the
Government may, as occasion may require, by order, do anything not inconsistent
with the provisions of this Act or the rules, which appears to them necessary for
the purpose of removing the doubt or difficulty:
Provided that no order shall be issued under this section after the expiry of
a period of two years from the date of commencement of this Act.
15.  Chapter VIA of the Orissa Municip al Act, 1950 [Orissa Act 23 of
1950.]is hereby repealed.
SCHEDULE
[See sub-section (2) of section 3]
COMPOSITION OF DISTRICT PLANNING COMMITTEES IN THE STATE
Serial District Composition of the District Planning Committee
No. Elected Members Ex officio Total
From From Total Nominated
Zilla Municiipality (3)+(4) members
Parishad
(1) (2) (3) (4) (5) (6) (7)
1 Angul 14 2 16 4 20
2 Balangir 14 2 16 4 20
3 Balasore 15 1 16 4 20
4 Bargarh 15 1 16 4 20
5 Bhadrak 14 2 16 4 20
6 Boudh 7 1 8 2 10
7 Cuttack 12 4 16 4 20
8 Deogarh 7 1 8 2 10
9 Dhenkanal 15 1 16 4 20
10 Gajapati 11 1 12 3 15
11 Ganjam 13 3 16 4 20
Power to remove
difficulties.
Repeal.
6
12 Jagatsinghpur 15 1 16 4 20
13 Jaipur 15 1 16 4 20
14 Harsuguda 8 4 12 3 15
15 Kalahandi 15 1 16 4 20
16 Kandhamal 15 1 16 4 20
17 Kendrapara 15 1 16 4 20
18 Keonjhar 14 2 16 4 20
19 Khurda 11 5 16 4 20
20 Koraput 13 3 16 4 20
21 Malkanagiri 11 1 12 3 15
22 Mayurbhanj 15 1 16 4 20
23 Nawarangpur 15 1 16 4 20
24 Nayagarh 15 1 16 4 20
25 Nuapada 11 1 12 3 15
26 Puri 14 2 16 4 20
27 Rayagada 14 2 16 4 20
28 Sambalpur 11 5 16 4 20
29 Sonepur 11 1 12 3 15
30 Sundargarh 11 5 16 4 20
Total 386 58 444 111 555

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