The West Bengal District Planning Committee Act, 1994

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GOVERNMENT OF WEST BENGAL
LAW DEPARTMENT
Legislative
West Bengal Act XX of 1994
THE WEST BENGAL DISTRICT PLANNING
COMMITTEE ACT, 1994.
[Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Calcutta Gazette,
Extraordinary, of the 3rd May, 1994.]
West Ben.
Act LIX of
1980.
West Ben.
Act XIII of
1988.
[3rd May, 1994.]
An Act to provide for the constitution of District Planning Committee
at the district level for consolidation of the plans prepared by the
Panchayats and the Municipalities in the district and preparation of
draft development plan for the district as a whole.
WHEREAS it is expedient to provide for the constitution of District
Planning Committee at the district level for consolidation of the plans
prepared by the Panchayats and the Municipalities in the district and
preparation of draft development plan for the district as a whole;
It is hereby enacted in the Forty-fifth Year of the Republic of India,
by the Legislature of West Bengal, as follows:—
1. (1) This Act may be called the West Bengal District Planning
Committee Act, 1994.
(2) It extends to the whole of West Bengal, except the areas to which
the provisions of—
(a) the Calcutta Municipal Corporation Act, 1980, or
(b) the Darjeeling Gorkha Hill Council Act, 1988, or
any part or modification thereof, apply or may hereafter be applied.
(3) It shall come into force on such date as the State Government
may, by notification, appoint.
2. In this Act, unless the context otherwise requires,— Definitions.
(a) "Committee" means aDistrict Planning Committee, or Siliguri
Sub-division Planning Committee, constituted under sub-
section (1) of section 3;
Short title,
extent and
commence-
ment.
225
The West Bengal District Planning Committee Act, 1994.
[West Ben. Act
District
Planning
Committee.
(Section 3.)
(b) "Constitution" means the Constitution of India;
(c) "District Magistrate" includes an Additional District
Magistrate, or any other Magistrate appointed by the State
Government to discharge all or any of the functions of the
District Magistrate under this Act;
(d) "Governor" means the Governor, appointed as such under
article 155, read with article 153, of the Constitution, for the
State of West Bengal;
(e) "Municipality" has the same meaning as in clause (e) of
article 243P of the Constitution;
(f) "notification" means a notification published in the Official
Gazette;
(g) "Panchayat Samiti" means a Panchayat Samiti constituted
under the West Bengal Panchayat Act, 1973;
(h) "population" means the population as ascertained at the last
preceding census of which the relevant figures have been
published;
(i) "prescribed" means prescribed by rules made under this Act;
(j) "rural area" means an area within a Block.
Explanation.—`B lock" has the same meaning as in clause
(2) of section 2 of the West Bengal Panchayat Act, 1973;
(k) "urban area" means an area within a Municipality;
(1) "Zilla Parishad' means a Zilla Parishad, and includes
Mahakuma Parishad for the sub-division of Siliguri in the
district of Darjeeling, constituted under the West Bengal
Panchayat Act, 1973.
3. (1) For every district the State Government shall constitute a
District Planning Committee bearing the name of the district, except for
the sub-division of Siliguri in the district of Darjeeling for which the State
Government shall constitute a Planning Committee to be called Siliguri
Sub-division Planning Committee.
(2) Subject to such rules as may be made by the State Government in
this behalf, the State Government shall, by notification, determine the
number of members of a Committee including—
(a) the number of, such members to be elected by, and from
amongst, the elected members of the Zilla Parishad:
Provided that no Sabhadhipati of a Zilla Parishad shall
be elected under this clause,
West Ben.
Act XLI of
1973.
226
The West Bengal District Planning Committee Act, 1994.
XX of 1994.]
(Section 3.)
(b) the number of such members to be elected by, and from
amongst, the elected members, by whatever name called, of
all the Municipalities within the district or, in the case of the
sub-division of Siliguri in the district of Darjeeling, of all the
Municipalities within that sub-division:
Provided that no Chairperson of a Municipality shall be
elected under this clause, and
(c) the number of such members, not exceeding one-fifth of the
total number of members of the Committee, as may be
appointed by the State Government under sub-section (3):
Provided that the ratio between the number of members
of a Committee and the sum total of the rural population
and the urban population in district, or, in the case of the
sub-division of Siliguri, in the district of Darjeeling, in that
sub-division shall, so far as practicable, be the same throughout
West Bengal:
Provided furthdr that four-fifths of the total number of
members of a Committee shall not exceed the total number of
elected members of the Zilla Parishad:
Provided also that the number of members referred to in
clause (a) shall bear, as nearly as may be, the same proportion
to the number of members, referred to in clause (b), as the
population of the rural areas bear to the population of the
urban areas in the district or, in the case of the sub-division of
Siliguri in the district of Darjeeling, in that sub-division.
(3) Subject to the provisions of clause (c) of sub-section (2), the State
Government shall, by notification, appoint the members referred to
therein, and such members shall include—
(a) the Sabhadhipati of the Zilla Parishad,
(b) the District Magistrate of the district, and
(c) such other members as the State Government may think fit to
choose from amongst—
(i) the Sabhapatis of the Panchayat Samitis within the
district,
(ii) the members of the House of the People and the
Legislative Assembly of the State elected thereto from
a constituency comprising any part of the district, not
being Ministers,
(iii) the officers of the State Government or of any statutory
body or corporation deemed by the State Government
to have specialised knowledge,
227
The West Bengal District Planning Committee Act, 1994.
[West Ben. Act
(Sections 4, 5.)
(iv) the Chairpersons of the Municipalities within the district
or, in the case of the sub-division of Siliguri in the
district of Darjeeling, within that sub-division, and
(v) the economists and social and political workers of
eminence.
Chairperson,
Vice-
Chairperson
and
Secretary of
Committee.
Elections.
4. (1) The Sabhadhipati of theZilla Parishad shall be the Chairperson
of the Committee.
(2) As soon as may be after constitution of the Committee or in the
event of any vacancy, as the case may be, the members of the Committee
shall select a Vice-Chairperson from amongst themselves in such manner
as may be determined by the Chairperson.
(3) In the absence of the Chairperson, the Vice-Chairperson shall
preside at the meeting of the Committee.
(4) The District Magistrate shall be the Secretary of the Committee
and shall make available to the Committee such assistance as may be
necessary for the discharge of its functions.
5. (1) Subject to such rules as may be made by the State Government
in this behalf and such directions as that Government may issue for the
purpose, the District Magistrate shall co-ordinate and supervise all work
in connection with the election of members to the Committee.
(2) The District Magistrate shall appoint a Returning Officer and as
many Assistant Returning Officers as may be necessary for the purpose of
conducting the election of members to the Committee.
(3) The powers• and functions of the Returning Officer and the
Assistant Returning Officers shall be such as may be prescribed.
(4) If any dispute arises as to the validity of an election under this Act,
any person entitled to vote at such election may, within thirty days after
the date of the declaration of the results of such election, file a petition,
calling in question such election, before the Divisional Commissioner
having jurisdiction, and the order of the Divisional Commissioner in
disposing of the petition shall be final.
(5) Notwithstanding anything to. the contrary contained in this Act or
in any other law for the time being in force, no civil court shall have any
jurisdiction to entertain any petition calling in question the validity of any
election under this Act.
228
The West Bengal District Planning Committee Act, 1994.
XX of 1994.]
(Sections 6-9.)
6. A member of a Committee, who is a member of—
(a) a Zilla Parishad, or
(b) a Municipality, or
(c) a Panchayat Samiti, or
(d) the House of the People, or
(e) the Legislative Assembly of the State,
shall cease to be a member of the Committee if he ceases to be a member
of—
(i) the Zilla Parishad, or
(ii) the Municipality, or
(iii) the Panchayat Samiti, or
(iv) the House of the People, or
(v) the Legislative Assembly of the State,
as the case may be.
Term of
office of
members of
Committee.
7. A Vice-Chairperson or a member of the Committee may, at any Resignation.
time, resign his office by notifying in writing his intention to do so to the
Chairperson and, on such resignation being accepted, the Vice-Chairperson
or the member, as the case may be, shall be deemed to have vacated his
office.
8. If the office of an elected member of a Committee becomes Filling of
vacant by reason of his death, resignation or otherwise, the vacancy shall casual
vacancy in
be filled by election of another member in the prescribed manner. the place of
an elected
member of
Committee.
9. ( I) The Committee shall regulate its procedure and shall, without Procedure,
meeting, and prejudice to the generality of such power, decide as and when and in which records of
manner, a meeting shall be held: meeting,
etc., of
Provided that the Chairperson, when required by notice in writing by Committee.
at least one-third of the members of the Committee to call a meeting, shall
do so in ordinary manner, within one month from the date of receipt of the
notice.
(2) One-third of the total number of members, subject to a minimum
of ten members, shall be a quorum for a meeting of the Committee:
Provided that no quorum shall b e necessary for an adjourned meeting.
(3) The Secretary of the Corn mittee shall maintain records of the
meeting of the Committee and shall take such actions in this behalf as the
Committee may decide.
2:29
The West Bengal District Planning Committee Act, 1994.
[West Ben. Act XX of 1994.]
(Sections 10, 11.)
Powers and
functions of
Committee,
constitution
of sub-
committees,
etc.
Power to
make rules.
10. (1) The Committee shall—
(a) consolidate the plans prepared by the Panchayats and the
Municipalities in the district, and
(b) prepare a draft development plan for the district as a whole.
(2) The Committee shall, in preparing the draft development plan
under clause (b) of sub-section (1),—
(a) have 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 evironmental conservation;
(ii) the extent and type of available resources, whether
financial or otherwise;
(b) consult such institutions and organisations as the Governor
may, by order, specify.
(3) The State Government may, by order, assign to the Committee
such functions relating to district planning and co-ordination and monitoring
of the activities of different departments of the State Government as may
be deemed necessary.
(4) Subject to such rules as may be made by the State Government in
this behalf, the State Government may, by notification, constitute an
Urban Development Sub-Committee and such other sub-committees as
may be deemed necessary for carrying out the purposes of this Act:
Provided that each such Sub-Committee shall consist of not less than
seven members selected from amongst the members of the Committee or
such economists, economic planners, administrators, or social and political
workers of eminence, as the State Government may think fit.
(5) The Chairperson of a Committee shall forward the development
plan, as recommended by such Committee, to the State Government in
such manner as may be prescribed.
11. (1) The State Government may make rules for carrying out the
purposes 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 matters which under any
provision of this Act, are required to be prescribed or to be provided for by
rules.
(3) All rules made under this Act shall be published in the Official
Gazette and shall, unless some later date is appointed by the State
Government, come into force on the date of such publication.
(4) All rules made under this Act shall be laid for not less than fourteen
days before the State Legislature as soon as possible after they are made
and shall be subject to such modification as the State Legislature may make
during the session in which they are so laid.
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