The UTTARAKHAND DISTRICT PLANNING COMMITTEE ACT, 2007
Uttarakhand · state statute
Open in Lexace · Ask the AI about this actTHE UTTARAKHAND DISTRICT PLANNING COMMITTEE ACT, 2007
[Uttarakhand Act No. 04 OF 2007]
to constitute District Planning Committee at the district level for consolidation of plans prepared by
the panchayats and the Municipalities in the district and prepara tion of draft development Plan for the
district as a whole and for the matters connected therewith or incidental thereto--
AN
ACT
Be it enacted by the Legislative Assembly in the 58th year of the Republic of India as follows:-
Short title,
Extent and
Commencement
1- (1) This act shall be called the Uttarakhand District Planning Committee Act,
2007.
(2) It shall be applicable to the whole State of Uttarakhand.
(3) It shall be deemed to have come into force at once.
Definitions
2- In this Act--
(a) "Legislative Assembly Rolls" means the electoral rolls of any constituency of
the Legislative Assembly prepared under and according to the provisions of
the Representation of the People Act, 1950;
(b) "Committee" means the District Planning Commit tee constituted under
section 3;
(c) "District level officer" means such officer of the district as the State
Government, may, by notification, specify;
(d) "Kshettra Panchayat" means a Kshettra Panchayat established under section 5
of the Uttar Pradesh Kshettr a Panchayats and Zila Panchayats Adhiniyam,
1961 (as applicable to the State of Uttarakhand and as amended from time to
time);
(e) "Minister" means a member of th e Council of ministers of the Government of
Uttarakhand and includes Minister of State and Deputy Minister;
(f) "Municipality" means a Municipal Corporation, a Municipal Council or a
Nagar Panchayat constituted under the Uttar Pradesh. Municipalities Act.
1916 (as applicable to the State of Uttarakhand and as amended from time to
time) or the Uttar Prade sh Municipal Corporation Act, 1959 (as applicable to
the State of Uttarakhand and as amended from time to time), as the case may
be;
(g) 'Population" means the population as ascertained at the last preceding census
of which the relevant figures have been published;
(h) "Rural area" means an area other than urban area;
(i) "Urban area" means the territorial area of a Municipal Corporation, Municipal
Council or Nagar Panchayat, as the case may be;
(j) "Zila Panchayat" means a Zila Panch ayat established under section 17 of the
Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 (as
applicable to the State of Uttarakhand and as amended from time to time).
Constitution of
District
Planning
Committee
3- (1) There shall be constituted in every district 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--
(a) have regard to-
(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 financial or other resources;
(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 su ch number of members as may be
prescribed:
Provided that the number of members shall not be less than twenty and
more than forty.
(2) Not less than four -fifths of the total number of members of the Committee
shall be elected in the presc ribed manner by, and from 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 comprises more than one Municipality, the
number of members of the Committee from amongst the elected members of
such Municipalities shall be distributed amongst such Municipalities in such
manner as may be prescribed.
(4) The remaining one-fifth members of the Committee shall be-
(a) a Minister nominated by the State Government, who shall be the
Chairperson of the Committee;
(b) the Adhyaksha of the Zilla Panchayat shall be ex-officio Vice-Chairman
of the Commitee;
(c) 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 nomin ated under clause (c ) of sub -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).]1
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1- Subs. by section 2 of UK Act no 31 of 2016.
Vacancies etc.
not to
invalidate
proceedings of
the Committee
5- No act or proceeding of th e 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 people and members of the Legislative
Assembly of the State, representing those constituencies which are comprised
wholly or partly in the district, shall be permanent invitees to the meetings of
the Committee.
(2) Members of Council of the States representing the State shall also be
permanent invitees to the m eetings of the Committee of a District of their
choice.
(3) 1[ Such members of the legislative Assembly who shall be appointed co -
incharge in the different district as a Parliamentary Secretary they shall
permanent invitee for the meetings of concerning district Committee.
(4) 2{In the meeting of the Committee of district, the concerning district,
Pramukh, Kshettra Panchayat shall be permanent invitee.}
(5) Members of the Legislative Assembly of the State as nominated by the
Governor shall also be permanent invitees to the Committee of the District of
their choice.
(6) The Nagar Pramukh or the Chairman as the case may be, of the Municipality
situated at the Head Quarters of the district, shall also be permanent invitee to
the Committee.
(7) 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 invitee, who is not a member of the
Council of Ministers of the Government of India or the Government of
Uttarakhand, has been required to attend such meeting in two or more district
on the same day, he/she may nominate a person as his representative to attend
the meeting of the committee of a district in which he/she is not in a position
to attend such meeting:
Provided further that wher e a permanent invitee, who is a member of
the Council of Ministers of the Government of India or the Government of
Uttarakhand, has been required to attend such meeting, 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.] 1
------------------------------------------------------------
1- Subs. by section 3 of UK Act no 31 of 2016.
2- Subs. by section 2 of UK Act no 16 of 2022.
Secretary of
the Committee
7- (1) 1[District Magist rate of the district shall be the Secretary of the Committee
and shall be responsible for maintaining records of the Committee, preparing
minutes of the Committee, and communication of decision and all others
incidental or ancillary matters and shall make available to the Committee such
assistance as may be necessary for the discharge of its functions.
Explanation- For the purpose of this sub -section the expression " District
Magistrate" includes Chief Executive Officer.
(2) The Chief Development Officer shall be the ex -officio Joint Secretary and
Economic and Statistics Officer of the District shall be the ex -officio Deputy
Secretary of the Committee to assist in such manner as may be directed by the
Committee.]
Election of the
members of
the Committee
8- The State Election Commission shall have superintendence, direction and
control of the preparation of electoral rolls of, and the conduct of, elections of
the members of the Committee in such manner as may be prescribed.
2[Approval
and
application of
District plan in
inevitable
circumstances
8A. Notwithstanding anything contained in this Act or any other Act when in
opinion of the State Election Commission such emergency circumstances
exist, that it is not feasible to conduct the election than, till such circumstances
exit, proposed district plan after the approval of the State Government may be
approved and applied in the concerned district by the District Magistrate of
the concerned district.]
Functions of
the Committee
9- The Committee shall perform the following functions, namely :--
(a) To identify local needs and objectives within the 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 database for decentralized planning
and preparation of district and block resources profiles;
(c) To list and map amenties 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 to 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;
...........................................................
1- Subs. by section 4 of UK Act no 31 of 2016.
2- Ins. by section 2 of the UK Act no 26 of 2020.
(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 sponsored schemes, and the Local Area
Development Schemes of Parliame ntary 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 schemes and programmes which require institutional finance,
device appropriate forward and backward linkages with the plans and ensure
requisite flow of such investment;
(m) To ensure participation of Voluntary organizations in over -all 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;
(o) To finalize site selection for different works and schemes;
(p) Any other functions, which may be entrusted by the State Government.
(q) 1[The district planning committee shall sanction/ approval of plans for district,
only such method as prescribed by rules for this purpose by the State
Government.]
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1- Inserted by section 5 of UK Act no 31 of 2016.
Scope of the
District Plan
10- (1) The District Plan shall include subjects enumerated in the U nited Provinces
Panchayat Raj -Act, 1947 (as applicable to the State of Uttarakhand and as
amended from time to time) and the Utt ar Pradesh Kshettra Panchayat and
Zila Panchayat Adhiniyarn, 1961 (as applicable to the State of Uttarakhand
and as amended from time to time) for the rural areas, or the Uttar Pradesh
Municipalities Act, 1916 (as applicable to the State of Uttarakhand and as
amended from time to time) or the Uttar Pradesh Municipal Corporation Act,
1959 (as applicable to the State of Uttarakhand and as amended from time to
time) for urban areas, as the case may be.
(2) The district plan may also include such other matte rs as may be considered
necessary by the Committee or as the State Government may, by order, direct.
District Plan
Ceiling
11- (1) The State Government shall inquire into and estimate the financial resources
for financing the District Plan and shall de cide the district plan outlay ceiling
accordingly.
(2) The District Plan outlay ceiling fixed under sub -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 with the
consideration of presented plans by the rural local bodies, panchayats and Urban
Bodies of the district.] 1
Allocation of
money to
districts
13- (1) For the purpose of the implemen tation of district plan, the State Government
may, subject to District Plan outlay ceiling make district -wise provisions for
money in its annual financial statement and after due appropriation 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 alter, revise or modify outlay of the schemes and programmes
of the District Plan and the District Magistrate may reallocate the money in
the manner prescribed.
Resolution of 14- If any dispute or question arises in relation to f unction, powers or jurisdiction
Disputes
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 Comm ittee shall be held at least once in every quarter at
the district Headquarters on such date and time as may be fixed by the
Chairperson.
(2) The Committee may invite experts to attend its meeting on such terms and
conditions as may be prescribed.
(3) [In the ab sence of the Chairperson, Vice-chairperson shall preside over the
meeting of the committee.]2
---------------------------------------------------
1- Sub. by section 6 of UK Act no 31 of 2016.
2- Ins. by section 7 of UK Act no 31of 2016.
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 plan co -ordination and monitoring, covering the
activities 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 proceed ing shall lie against any person for
anything which is done in good faith or intended to be done, in pursuance 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 Government, the committee shall
regulate its own procedure.
Power to
remove
difficulties
21- (1) If any difficulty arises in giving effect to th e 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 expedien t for
removing the difficulty.
(2) Every order made under sub -section (1) shall, as soon as, may be after it is
made, be laid before the State Assembly and the provisions of sub-section (1)
of section 23-A of the Uttar Pradesh General Clauses Act, 1904 (as applicable
to the State of Uttarakhand and as amended from time to time) shall apply as
they would apply in respect of rules made by the State Government under any
Uttar Pradesh Act (as applicable to the State of Uttarakhand and as amended
from time to time).
Overriding 22- Notwithstanding anything containe d to the contrary in any other law for the
effect
time being in force, the provisions of this Act shall apply in all matters
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 Act, 1999 (Uttar Pradesh Ac t
No.9 of 1999) (as applicable to the State of Uttarakhand and as amended from
time to time) is hereby repealed in the context of the Uttarakhand State.
(2) Notwithstanding such repeal, anything done or any action taken under the
provisions of the Act referred to in sub -section (1), shall be deemed to have
been done or taken under the corresponding provisions of this Act as if
provisions of this Act were in force at all material times.
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