The West Bengal Metropolitan Planning Committee Act, 1994

GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
West Bengal Act XXV of 1994 
THE WEST BENGAL METROPOLITAN 
PLANNING COMMITTEE ACT, 1994. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta Gazette, 
Extraordinary, of the 27th June, 1994.] 
[27th June, 1994.] 
An Act to provide for the constitution of Metropolitan Planning Committee 
in every Metropolitan area in West Bengal for preparation of draft 
development plan for the Metropolitan area as a whole. 
WHEREAS it is expedient to provide for the constitution of Metropolitan 
Planning Committee in every Metropolitan area in West Bengal for 
preparation of draft development plan for the Metropolitan area 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:— 
CHAPTER I 
Preliminary 
West Ben. 
Act XIII of 
1988. 
1. (1) This Act may be called the West Bengal Metropolitan Planning Short title, 
Committee Act, 1994. 	 extent and 
commence- (2) It extends to the whole of West Bengal, except the areas to which ment. 
the provisions of the Darjeeling Gorkha Hill Council Act, 1988, apply. 
(3) It shall come into force on such date as the State Government 
may, by notification, appoint, and different dates may be appointed for 
different areas. 
2. In this Act, unless there is any thing repugnant in the subject or Definitions. 
context,— 
(a) "Constitution" means the Constitution of India; 
(b) "district" means a district of West Bengal; 
(c) "Metropolitan area" means an area having a population of ten 
lakhs ormore, comprised in one or more districts and consisting 
of two or more Municipalities or Panchayats or other 
contiguous areas, specified by the Governor by public 
notification to be a Metropolitan area for the purposes of 
this Act; 
239 
The West Bengal Metropolitan Planning Committee Act, 1994. 
[West Ben. Act 
(Chapter IL—Constitution of Metropolitan Planning 
Committee, its functions and matters related thereto.—Section 3.) 
(d) "Municipal area" means the territorial area of a Municipality 
as is notified by the Governor; 
(e) "Municipality" means an institution of self-Government 
constituted under article 243Q of the Constitution; 
(f) "notification" means a notification published in the Official 
Gazette; 
(g) "Panchayat" means a Panchayat constituted under article 
243B of the Constitution; 
(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. 
CHAPTER II 
Constitution of Metropolitan Planning Committee, 
its functions and matters related thereto 
Metropolitan 	 3. (1) There shall be constituted in every Metropolitan area a 
Planning 	 Metropolitan Planning Committee (hereinafter referred to in this Act as 
Committee. 	 the Committee) consisting of such number of members, including a 
Chairperson and a Vice-Chairperson, as the State Government may 
determine, to prepare a draft development plan for the Metropolitan area 
as a whole: 
Provided that not less than two-thirds of the members of the Committee 
shall be elected by, and from amongst, the elected members of the 
Municipalities and Chairpersons of the Panchayats in the Metropolitan 
area in proportion to the ratio between the population of the Municipalities 
and of the Panchayats in that area. 
(2) The representation in the Committee of the Government of India 
and the State Government and of such organisations and institutions as 
may be deemed necessary for carrying out the functions assigned to the 
Committee shall be such as may be notified by the State Government 
from time to time. 
(3) The Committee shall perform such functions relating to planning 
and co-ordination for the Metropolitan area as the State Government 
may, by notification, assign to it. 
(4) The Committee shall, in preparing the draft development plan,—
(a) have regard to— 
(i) the plans prepared by the Municipalities and the 
Panchayats in the Metropolitan area; 
240 
The West Bengal Metropolitan Planning Committee Act, 1994. 
XXV. of 1994.] 
(Chapter 11.—Constitution of Metropolitan Planning Committee, 
its functions and matters related thereto.—Sections 4-6.) 
(ii) matters of common interest between the Munici-
palities and the Panchayats, including co-ordinated 
spatial planning of the area, sharing of water and other 
physical natural resources, the integrated development 
of infrastructure and environmental conservation; 
(iii) the overall objectives and priorities set by the 
Government of India and the State Government; 
(iv) the extent and nature of investments likely to be made 
in the Metropolitan area by agencies of the Government 
of India and of the State Government and other available 
resources, whether financial or otherwise; 
(b) consult such institutions and organisations as the Governor 
may, by order, specify. 
(5) The Chairpersons of every Committee shall forward the 
development plan, as recommended by the Committee, to the State 
Government. 
4. (1) The Chairperson, Vice-Chairperson and other members, not Chairperson, 
being elected members, of every Committee shall be appointed by the Chairperson, 
State Government. 	 other 
members, 
(2) The term of office and other conditions of service of the not being 
elected Chairperson, Vice-Chairperson, and other members, not being elected members, 
members, of the Committee shall be such as may be prescribed. 	 term of 
office and 
(3) Any vacancy in the office of the Chairperson, Vice-Chairperson, filling up of 
or any other member, not being an elected member, of the Committee vacancy.  
shall be filled by fresh appointment by the State Government. 
5. The manner of election of members of the Committee and all Election of 
matters related thereto shall be such as may be prescribed. 	 members of 
Committee. 
6. The elected members of the Committee shall hold office for a Term of 
term of five years from the date of their election, and shall receive such office of, and
allowance 
allowance for attending the meeting of the Committee or any sub- for, elected 
of committee thereof as may be prescribed: 	 members 
Committee. 
Provided that every such member shall, on his ceasing to be an 
elected members of a Municipality or Chairperson of a Panchayat, as 
the case may be, cease to be a member of the Committee notwithstanding 
that the term of five years has not expired, and the vacancy shall be filled 
by election in the manner prescribed. 
241 
The West Bengal Metropolitan Planning Committee Act, 1994. 
[West Ben. Act XXV of 1994.] 
(Chapter IL—Constitution of Metropolitan Planning Committee, 
its functions and matters related thereto.—Sectiohs 7-11.) 
Validation. 
Meeting of 
Committee. 
Secretary of 
Committee. 
Sub-
committee. 
Power to 
make rules. 
7. No act or proceeding of the Committee shall be invalid or called 
in question by reason of any vacancy, initial or subsequent, in, or defect 
in the constitution of, the Committee. 
8. (1) The Committee shall meet at such places and at such times, 
and shall observe such rules of procedure in regard to the transaction 
of business at its meeting (including the quorum for a meeting), as may 
be prescribed. 
(2) The Chairperson or, if, for any reason, he is unable to attend any 
meeting, the Vice-Chairperson or, if, for any reason, both are unable to 
attend any meeting, any other member elected by the members present, 
shall preside at the meeting. 
9. There shall be a Secretary of the Committee who shall be 
appointed by the State Government. 
10. (1) A Committee may constitute, for such purpose as it may 
think fit, as many sub-committees consisting wholly of members of the 
Committee or wholly of other persons or party of members of the 
Committee and partly of other persons as it may consider necessary or 
expedient. 
(2) The members of a sub-committee, not being members of the 
Committee, shall be paid such fees and allowances for attending the 
meetings thereof 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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