The DISTRICT PLANNING COMMITEE ACT, 1999
Uttar Pradesh · state statute
Open in Lexace · Ask the AI about this act2 THE UTTAR PRADESH DISTRICT PLANNING COMMITTEE ACT, 19991 (U. P. Act No. 32 of 1999) Amended by U. P. Act No. 48 of 2007 U.P. Act No. 24 of 2024 [As passed by Uttar Prade sh Legislature and assented to by the Governor on July 29, 1999 and published in Uttar Pradesh Gazette Extraordinary on July 29, 1999.] to provide f or the constitution of District Planning Committee at the district level for consolidation of plans prepared by the panchayats and the Municipalities in the district and preparation of draft development plan for the district as a whole and for matters conn ected therewith or incidental thereto. AN ACT IT IS HEREBY enacted in the Fiftieth Year of the Republic of India as follows :β Short title and commencement 1. (1) This Act may be called the Uttar Pradesh District Planning Committee Act, 1999. (2) It sh all be deemed to have come into force on May 19, 1999. Definitions 2. In this Act, β (a) βAssembly rollsβ means the electoral rolls of any constituency of the Legislative Assembly prepared under and according to the provisions of the Representation of t he People Act, 1950 ; (b) βCommitteeβ means the District Planning Committee constituted under section 3 ; (c) βDistrict level officerβ means such officer of the district as the State Government may, by notification, specify ; (d) βKshettra Panchayat β means a Kshettra Panchayat established under section 5 of the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 ; (e) βMinisterβ means a member of the Council of Ministers of the Government of Uttar Pradesh and includes a Minister of State and a Deputy Minister ; (f) βMunicipalityβ means a Municipal Corporation, a Municipal Council or a Nagar Panchayat constituted under the Uttar Pradesh Municipalities Act, 1916 or the Uttar Pradesh Municipal Co -operation Act, 1959, as the case may be ; (g) βPopulationβ means the population as ascertained at the last preceding census of which the relevant figures have been published ; (h) βrural areaβ means an area other than urban area ; ββββββββββββββββββββββββββββββββββββββββββ 1. For S.O.R. see at the end of this Act. [The Uttar Pradesh District Planning Committee Act, 1999] 4 (i) βurban areaβ means the territorial area of a Municipal Corporation, Municipal Council or Nagar Panchayat, as the case may be ; (j) βZila Panchayatβ means a Zila Panchayat established under section 17 of the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961. Constitution of District Planning Committee 3. (1) There shall be constituted in every dis trict a District Planning Committee, to consolidate the plans prepared by the Panchayats and Municipalities in the district and to prepare a draft development plan for the district as a whole. (2) The Committee shall in preparing the draft development plan,β (a) have regard to ,β (i) matters of common interest between the Panchayats and 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 ; (b) consult such institutions and organizations as the Governor may, by order, specify. Composition of District Planning Committee 4. (1) Every Committee shall consist of such number of members as may be prescribed : Provided that the number of members [shall not be more than forty]1. (2) Four-fifths of the total number of members of the Committee shall be elected in the prescribed manner by, and fro m amongst, the elected members of the Zila Panchayat 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. (3) Where the urban area of the district compris es more than one Municipality, the number of members of the committee from amongst the elected members such Municipalities shall be described amongst such Municipalities in such manner as may be prescribed. (4) The remaining one -fifth members of the Com mittee shall be,β (a) a Minister nominated by the State Government, who shall be the Chairperson of the Committee ; (b) the Adhyaksha of the Zila Panchayat ; (c) [ x x x ]2 ββββββββββββββββββββββββββββββββββββββββββ 1. Subs. by sec. 2(a) of U. P. Act no. 48 of 2007. 2. Omitted by sec. 2(b) of U.P. Act no. 48, 2007. [The Uttar Pradesh District Planning Committee Act, 1999] 6 (d) District Magistrate-ex-officio ; (e) such other members as may be nominated by the State Government subject to the condition that the number of members under this sub-section shall not exceed one -fifth of the total members of the Committee. (5) A member nominated under clause (e) of section 4 shall hold office during the pleasure of the Governor. (6) No member of the Committee shall nominate any person as his representative to attend a meeting of the Committee on his behalf. (7) An elected member of the Committee shall cease to be member thereof if he ceases to be member of the Municipality or Zila Panchayat, as the case may be. (8) If the office of an elected member of the Committee falls vacant owing to his death, resignation or otherwise, the vacancy shall be filled for the residue of his term in the manner provided under sub - section (2). Vacancies etc. not to invalidate proceedings of the Committee 5. No act or proceeding of the Committee shall be invalid merely on the ground of the existence of any vacancy or defect in the constitution of the Committee. Permanent invitees to the Committee 6. (1) Members of the House of the P eople and members of the Legislative Assembly of the State representing constituencies which are comprised wholly or partly in the district shall be permanent invitees to the meetings of the Committee. (2) Members of the Legislative Council of the State representing graduate or teachers or local bodies constituencies which are comprised wholly or partly in the district shall also be permanent invitees to the meetings of the Committee. (3) Members of the Legislative Council of the State elected by the member of Legislative Assembly of the State or nominated by the Governor shall also be permanent invitees to the meetings of the Committee of a district of their choice. 1[(4) Members of Council of States representing the State shall also be permanent invitee to the meetings of the Committee of a district of their choice. Besides this, the Gram Pradhan of two Gram Panchayats of a district shall also be permanent invitee to the meeting of District Planning Committee for one year. The selection of Gram Pradhan shall be done in the following manner:- (a) Two Gram Pradhans selected by the District Magistrate according to the process given below shall be permanent invitees for the meetings of the District Planning Committee of the concerned district for one year by rotation. (b) The rotation cycle for selection of Gram Pradhans will run as follows:- ββββββββββββββββββββββββββββββββββββββββββ 1. Subs. by sec. 2 of U.P. Act No. 24 of 2024. [The Uttar Pradesh District Planning Committee Act, 1999] 8 (i) The District Magistrate shall select two Development Blocks on the basis of Hindi alphabetical order every year and two Gram Panchayats having highest population shal l be selected. The Gram Pradhan of each of the Gram Panchayats so selected from each of the two Development Blocks would be selected/nominated for one year. At the expiry of one year from their nomination, the next two Development Blocks as per Hindi alpha betical order would be selected in place of earlier selected blocks. The District Magistrate shall select/nominate two Gram Panchayats having the largest population in these blocks for a period of one year on rotation basis. (ii) The aforesaid procedure sh all continue to be followed for the upcoming years till such time as all the Development Blocks have been selected as per Hindi alphabetical order and one full cycle has been completed. Thereafter, the aforesaid shall be repeated and a Gram Pradhan of a Gr am Panchayat from each of the next selected two Development Blocks shall be selected/ nominated. (iii) If there is change in population of the Development Blocks due to any reason or delineation of their boundaries, even then formerly selected Development Blocks/Gram Panchayats shall not be repeated (except when the rotational cycle is complete).]1 (5) No permanent invitee shall nominate a person as his representative to attend a meeting of the committee on his behalf : Provided that where a permanent in vitee, who is not a member of the Council of Ministers of the Government of India or the Government of Uttar Pradesh has been required to attend such meeting in two or more district on the same day, he may nominate a person as his representative to attend the meeting of the committee of a district in which he is not in a position to attend such meeting : Provided further that where a permanent invitee, who is a member of the Council of Minister of the Government of India or the Government of Uttar Prades h, has been required to attend such meeting, he may nominate a person as his representative to attend the meeting of the committee if he is not in a position to attend such meeting. Secretary of the Committee 7. (1) The Chief Development Officer of the di strict shall be the ex-officio secretary of the Committee and shall be responsible for maintaining records of the Committee, preparing minutes of meetings of the Committee, and communication of decision and all other incidental or ancillary matters and sha ll make available to the Committee such assistance as may be necessary for the discharge of its functions. Explanation :β For the purpose of this sub -section, the expression βChief Development Officerβ includes Chief Executive Officer. ββββββββββββββββββββββββββββββββββββββββββ 1. Subs. by sec. 2 of U.P. Act No. 24 of 2024. [The Uttar Pradesh District Planning Committee Act, 1999] 10 (2) The Economic and Statistics Officer of the district shall be the ex-officio Joint Secretary of the Committee to assist the Committee in such manner as may be directed by the Committee. Election of members of the Committee 8. The State Election Commission shall have superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, elections of the members of the Committee in such manner as may be prescribed. Functions of the Committee 9. The Committee shall perform the following functions, namely:β (a) to identify local needs and objectives within th e frame work of national and state plan objectives ; (b) to collect, compile and update information relating to natural and human resources of the district to create a sound data base for decentralized planning and preparation of district and block resources profiles : (c) to list and map amenities at village, block and district levels; (d) to determine policies, programmes and priorities for development of the district, in order to ensure maximum and judicious utilization and exploitation of available natural and human resources ; (e) to modify or amend and consolidate the draft Five Year or Annual Development plan prepared for the rural and urban areas, keeping in view the over -all plan objectives and strategies; (f) to submit development plan t o the State Government in such manner as may be prescribed ; (g) to prepare employment plan for the district ; (h) to prepare estimate of financial resources for financing the district plan ; (i) to allocate sectoral and sub -sectoral outlays within the overall frame work of the district development plan ; (j) to monitor, evaluate and review progress under the schemes and programmes being implemented in the district under the decentralized planning framework including central sector and centrally sponso red schemes, and the Local Area Development Schemes of Parliamentary Constituencies and Assembly Constituencies; (k) to submit regular progress reports to the State Government in respect of schemes included in the district plans ; (l) to identify scheme s and programmes which require institutional finance, device appropriate forward and backward linkages with the plans and ensure requisite flow of such investment ; [The Uttar Pradesh District Planning Committee Act, 1999] 12 (m) to ensure participation of voluntary organizations in the overall development process ; (n) to make suggestions and recommendations to the State Government with regard to the State sector schemes having significant bearing on the process of development of the district to finalize site selection for different works and schemes ; (o) any other functions which may be entrusted by the State Government. Scope of the district plan 10. (1) The District Plan shall include subjects enumerated in the United Provinces Panchayat Raj Act, 1947, and the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 for the rural area, or the Uttar Pradesh Municipalities Act, 1916 or the Uttar Pradesh Municipal Corporation Act, 1959 for urban areas, as the case may be. (2) The district plan may also include such other matters as may be considered necessary by the Committee or as the State Government may, by order, direct. District Plan Ceilling 11. (1) The State Government shall enquire into an estimate the financial resources for financing the District Plan and shall decide the district plan outlay ceiling accordingly. (2) The District Pla n outlay ceiling fixed under section (1) may be revised or altered at any time during the financial year by the State Government. Finalization of the district plan 12. The Committee shall finalize the draft development plan for the district. Allocation of money to districts 13. (1) For the purposes of the implementation of district plan. The State Government may, subject to District Plan outlay ceiling, makes district -wise provisions for money in its annual financial statement and after due approp riation thereof shall allocate in lump-sum to the district. (2) Subject to the supervision and control of the State Government. The District Magistrate shall have power to accord financial sanctions for the District Plan Finalized under section 12. (3) Subject to the District Plan outlay ceiling fixed by the State Government, the committee may after, revised or modified outlay of the schemes and programmes of the District Plan and the District Magistrate may reallocate the money in the manner prescribed. Resolution of Dispute 14. If any dispute or question arisen in relation to function, powers or jurisdiction of the committee or in relation to any other matter, the dispute or question shall be referred to the State Planning Commission whose decision thereon shall be final. Meetings of the Committee 15. (1) The meeting of the Committee shall be held at least once in every quarter at the District Headquarter on such date and time as may be fixed by the Chairperson. [The Uttar Pradesh District Planning Committee Act, 1999] 14 (2) The Committee may invite experts to attend its meeting on such terms and conditions as may be prescribed. (3) In the absence of the chairperson, such other member of the committee as may be chosen by the members of the committee present in the meetings shall preside over the meeting of the committee. Sub- Committees 16. The Committee may constitute sub -committees to discharge any of its functions under this Act. Power of the State Government to assign functions to the committee 17. The State Government may, by order, assign to the Committee such functions relating to the district planning, co - ordination and monitoring covering the activit ies of different departments of the State Government as may be deemed necessary. Protection of action taken in good faith 18. No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done, in pursua nce of this Act or the rules made thereunder. Power to make rules 19. The State Government may by notification, make rules for carrying out the purpose of this Act. Committee to regulate its procedure 20. Subject to any rule made by the State Governme nt, the committee shall regulate its own procedure. Power to remove difficulties 21. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by a notified order, make such provisions not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty. (2) No order under sub -section (1) shall be made after the expiry of the period of two years from the date of the commencement of this Act. (3) Every order made under sub -section (1) shall, as soon as may be after it is made, be laid before both Houses of the State Legislature and the provisions of sub -section (1) of section 23 -A of the Uttar Pradesh General Clauses Act, 1904 shall apply as the y apply in respect of rules made by the State Government under any Uttar Pradesh Act. Overriding effect 22. Notwithstanding anything contained to the contrary in any other law for the time being in force the provisions of this Act shall apply in all mat ters including constitution of the committee and election of members thereof, formulation of plan and other matters incidental or consequential thereto. Repeal and savings 23. (1) The Uttar Pradesh District Planning Committee Ordinance, 1999 is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the provisions of the Ordinance referred to in sub -section (1) shall be deemed to have been done or taken under the corresponding provisions of this Act as if the provisions of this Act were in force at all material times. U.P. Ordinance no. 9 of 1999 [The Uttar Pradesh District Planning Committee Act, 1999] 16 STATEMENT OF OBJECTS AND REASONS In order to activate the District Planning Committees in the State it has been decided to amend the Uttar Pradesh Distric t Planning Committee Act, 1999 (U.P. Act no. 32 of 1999) to provide for omitting the res triction of minimum number of members in constitution of Committees and abolishing the membership of Nagar Pramukh or President of the Municipality from the Committee s ituated at the Headquarter of a district. The Uttar Pradesh District Planning Committee (Amendment) Bill, 2007 is introduced accordingly. βββ
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