The ORISSA DISTRICT PLANNING COMMITTEES ACT

THE ORISSA DISTRICT PLANNING COMMITTEES ACT, 1998
TABLE OF CONTENTS
PREAMBLE
SECTIONS
CHAPTER-I
PRELIMINARY
1. Short title and extent.
2. Definitions.
CHAPTER-II
CONSTITUTION, POWERS AND FUNCTIONS OF
DISTRICT PLANING COMMITTEES
3. Committee for district planning.
4. Term of office of elected members.
5. Powers and functions of the Committee.
CHAPTER-III
MISCELLANEOUS
6. Filling up of casual vacancies.
7. Resignation by members.
8. Removal of members.
9. Conditions of office of members.
10. Issue of guidelines.
11. Procedure to be followed by the Committee.
12. Vacancies etc. not to invalidate proceedings of the Committee.
13. Power to make rules.
14. Power to remove difficulties.
15. Repeal.
SCHEDULE
REGISTERED NO. 0.14.
The Orissa Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No 1282 CUTTACK,THURSDAY, OCTOBER 8,1998/ASHWINA 16, 1920
LAW DEPARTMENT
NOTIFICATION
The 8th October, 1998
No. 158 13/ Legis .- The following Act of the Orissa Legislative Assembly having
been assented to by the Governor on the 28 th September, 1998 is hereby published for
general information.
ORISSA ACT 8 OF 1998
THE ORISSA DISTRICT PLANNING COMMITTEES ACT 1998
AN ACT TO PROVIDE FOR THE CONSTITUTION OF DISTRICT PLANING
COMMITTEE AT THE DISTRICT LEVEL. TO CONSOLIDATE THE PLAN
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.Short title
and extent.
(2) It extends to the whole of the State of Orissa.
2. In this Act, unless the context otherwise requires,-
(a) "Committee" mean s a District Planning Committee
Constituted under section 3;
(b) "Government" means Government of Orissa;
(c) "member" means member of the Committee and includes the Chair
person thereof;
(d) "Municipality" means a Notified Area Council or a Municipal
Council or a Municipal Corporation constituted under the Orissa
Municipal Act, 1950;
(e) "Panchayat" means a Grama Panchayat constituted under the
Orissa Grama Panchayats Act, 1964. or a Panchayat Samiti
constituted under the Orissa Panchayat Samiti Act, 1959 or a Zilla
Parishad;
(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 theOrissa
Zilla Parishad Act, 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 Pachayats 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 to such number
of member as specified against that district in the Schedule.
(3) As nearly as but not less than, eighty percent 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 ratio b etween the population of the rural areas and of the
urban areas in the district, and remaining twenty percentum of the members
shall be as follows:-
Definitions.
Orissa Act
23 of 1950.
Orissa Act 1
of 1965.
Orissa Act
7 of 1960.
Orissa Act
17 of 1991.
Committee
for district
planning.
(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 memb ers of the Legislative Assembly
of the State representing constituencies which comprise wholly or
partly any area of the district shall be invited to attend  the meetings of
the Committee as permanent invitees; and
(b) it shall be competent for the Chairperson of the Committee to i nvite
any person including an expert to attend any meeting of the
Committee;
Provided that the members of Parliament and the Legi slative 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 meetings of the Committee, but the views expressed by them shall be recorded in
the proceedings of the meeting.
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.
(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 or 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 coterminous with
his membership in the Zilla Parishad or, as the case may be, the Municipality.
5. (1) The Committee shall consolidated the plans prepared by the Pachayats and
Municipalities in the district and shall prepar e 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 for
otherwise; and
(b) consult such institutions and organisations 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 Committ ee 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 thereof.
(5) The Committee shall have power to review implementation and
Municipalities and to make such recommendation as deemed appropriate.
CHAPTER III
MISCELLANEOUS
6.  Any casual vacancy in the office of 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 th e
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.
Term of
office of
elected
members.
Powers and
functions of
the
Committee.
Filling up
of casual
vacancies.
7.  Any member other than an Ex-officio member, may resign his office by writing
under his hand a ddressed 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 a 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 the 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 at tend and
such travelling the 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 particular 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 Comm ittee 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.
(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, 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
Resignation
by
members.
Removal of
members.
Conditions of
office of
members.
Issue of
guidelines.
Procedure to
be followed
by the
Committee.
Vacancies
etc. not to
invalidate
proceedings
of the
Committee.
Power to
make rules.
allowances payable to the members under section 9;
(c) procedure relating to c onvening of the meetings of the
Committee and the transaction of the 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 Municipal Act, 1950 is hereby repealed.
Power to
remove
difficulties
.
Repeal. Orissa Act 23 of
1950.
SCHEDULE
(See Sub-section (2) of Section 3)
COMPOSITION OF DISTRICT PLANNING COMMITTEES IN
THE STATE
Composition of the District
        Planning Committee
                 Elected Members Ex officio      Total
Sl
No. District
Fom Zilla
Paishad
From
Municipality
Total
(3)+(4)
Nominated
Members
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 Baragarh 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 2 16 4 20
12 Jagatsinghpur 15 1 16 4 20
13 Jajpur 15 1 16 4 20
14 Jharsuguda 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 Mayurbhaanj 15 1 16 4 20
23 Nabarangpur 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 Sundergarh 11 5 16 4 20
By Order of the Governor
G.C.MOHANTY
Secretary to Government

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