The Punjab District Planning Committees Act, 2005

Regd.No.PB/0061/2003-05 Regd.No.NW/CII-22 PUNJAB GOVERNMENT GAZETTE EXTRAORDINARY Published by Authority CHANDIGARH, MONDAY, NOVEMBER 28, 2005 (AGRAHAYANA 7, 1927 SAKA) LEGISLATIVE SUPPLEMENT Contents Pages Part I Acts The Punjab District Planning Committees Act,2005 (Punjab Act No. 22 of 2005) 213-217 Part II Ordinances Nil Part III Delegated Legislation Nil Part IV Correction Slips, Republications and Replacements Nil Price: Rs. 2.70 Paise - 4 - PUNJAB GOVT.GAZ(EXTRA.) NOVEMBER 28, 2005 213 (AGHN.7,1927 SAKA) PART I DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB Notification The 28th November, 2005 No.35-Leg./2005.- The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 22nd November, 2005 and is hereby published for general information:- THE PUNJAB DISTRICT PLANNING COMMITTEES ACT, 2005 (Punjab Act No.22 of 2005) An Act to provide for the constitution of the District Planning Committees with a view to consolidate the plans prepared by the Panchayats and the Municipalities in the districts and to prepare the draft development plans for the districts as a whole in the State and for the matters connected therewith and incidental thereto. Be it enacted by the Legislature of the State of Punjab in the Fifty- sixth Year of the Republic of India. 1.(I)This Act may be called the Punjab District Planning Short title and Committees Act, 2005. Commencement (2) It shall come into force at once. 2. In this Act, unless the context otherwise requires- Definitions (a) “Chairperson”means the Chairperson of the Commiittee chosen under sub-section (3) of section 3; (b) “Committee” means the District Planning Committee Constituted under sub-section (1) of section 3; (c) “district” means a revenue district in the State; (d) “member” means a member of the Committee and includes its Chairperson; (e) “Municipality” shall have the same meaning as assigned to it under clause (e) of Article 243-P of the Constitution of India; (f) “Panchayat” shall have the same meaning as assigned to it under clause (f) of Article 243-P of the Constitution of India; (g) “population”means the population as ascertained at the last preceding census of which the relevant figures have been published; (h) “prescribed” means prescribed by rules made under this Act; (i) “section” means section of this Act; (j) “State” means the State of Punjab; and (k) “State Government” means the Government of the State of Punjab - 5 - PUNJAB GOVT.GAZ(EXTRA.) NOVEMBER 28, 2005 214 (AGHN.7,1927 SAKA) Constitution 3. (1) There shall be constituted a Committee to be called the District Planning of District Committee by the State Government for every district in the State to Planning Committee. consolidate the plans prepared by the Panchayats and the Municipalities in the district and to prepare a draft development plan for the district as a whole. (2) The number of members of a District Planning Committee constituted under sub-section (1), shall be calculated as per population of the district concerned according to the following criteria, namely:- (a) District having population, Fifteen members Not exceeding ten lacs; (b) Districts having population Twenty four members exceeding ten lacs, but not exceeding twenty lacs; and (c) Districts having population Forty Members exceeding twenty lacs. (3) The Chairperson of the Committee shall be chosen from amongst the members of the Committee by the State Government by nomination. (4) The seats of the members of the Committee shall be filled by election, from amongst the elected members of the Panchayat at the district level and of the Municipalities in the district, and by nomination. (5) Not less than four-fifths of the total number of members of the Committee shall be elected by, and from amongst the elected members of the Panchayat at the district level 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. (6) One- fifth of the total number of members of the Committee, which may include the Members of the Legislative Assembly and other persons also, shall be nominated by the State Government. (7) The Deputy Commissioner of the district shall be the ex-officio Secretary of the Committee. (8) The Additional Deputy Commissioner (Development) of the district shall be the ex-officio Additional Secretary of the Committee. (9) The Deputy Economic & Statistical Adviser of the District shall be the ex- officio Joint Secretary of the Committee. 4 (1) The term of an elected member of Committee shall be co-terminus with the Term of members of the term of the Panchayat at the district level or a Municipality, as the case may Committee be , of which he is a member. (2) The term of a nominated member including the Chairperson, shall be one year. However, a nominated member shall be eligible for re- nomination after the expiry of his first term. - 6 - PUNJAB GOVT.GAZ(EXTRA.) NOVEMBER 28, 2005 215 (AGHN.7,1927 SAKA) (3) Any member of the Committee including the Chariperson, may resign at any time from his office before his tenure. 5. (1) Subject to the provisions of this Act, the Committee shall exercise powers Functions of the and perform the functions as mentioned below:- Committee a) to prepare the draft district development plan keeping in view the matters of common interest between urban and rural population including spatial planning sharing of water and other physical and natural resources, the integrated development of infrastructure and environment conservation, the plans prepared at the grass-root level by the concerned Panchayat and the extent and type of available resources whether financial or otherwise; b) to prepare priority-wise list of schemes and programmes taking into account the resources available with the Committee and the resources provided by the State Government. c) to take appropriate measures for proper implementation of the development schemes, programmes and projects; d) to monitor the progress of projects; e) to encourage the Panchayats and the Municipalities to take up and expedite the implementation of development projects; f) to make efforts to generate additional resources for development works with the cooperation of people; Non-Government Organizations and Non-Resident Indians and other agencies; and g) to perform such other additional functions relating to District Planning and Coordination and monitoring of the activities of different departments of the State Government, as may be assigned to the Committee by the State Government. (2) While preparing the draft development plan, the Committee may consult such institutions and organisations, as may be specified by the State Government from time to time. (3) The Chairperson shall forward the district development plans prepared by the Committee under clause (a) of sub-section (1) to the State Government. 6. With effect from the date, the Committees are constituted under this Act, the Abolition of DP & DB. existing District Planning and Development Boards in the State shall cease to function. 7. (1) In the transaction of its business, the Committee shall follow such procedure, Meetings as may be prescribed. (2) If on account of any reason, the Chairperson is unable to attend the meeting of the Committee, any other member, chosen by the present members, shall preside over the meeting. (3) The meeting of the Committee shall be held at the District Head Quarters or at such place, as may be decided by the Committee. - 7 - PUNJAB GOVT.GAZ(EXTRA.) NOVEMBER 28, 2005 216 (AGHN.7,1927 SAKA) 8. The State Government may remove the Chairperson or any member from his Removal and suspension of office, if:- members including a) he has been adjudged insolvent; or Chairperson b) he has been convicted of an offence which, in the opinion of the State Government, involves moral turpitude; or c) he has become physically or mentally incapable; or d) he has acquired such financial or other interest, as is likely to affect prejudicially his functions in any of the said capacities; or e) he has so abused his position as to render his continuance in office prejudicial to the public interest. (2) Before removing any member including the Chairperson from his office, a reasonable opportunity of being heard shall be given to him by the State Government. Filling of 9. If any vacancy occurs, it shall be filled up from the same source from which it has vacancies occurred. Power to 10. The State Government may, from time to time, issue such directions to the issue directions Committees, as it may consider appropriate in public interest. Power to 11. (1) The State Government may, by notification in the Official Gazette, make rules make rules for carrying out the purposes of this Act. (2) Every rule made under this Act, shall be laid, as soon as may be, after it is made, before the House of the State Legislature, while it is in session, for a total period of ten days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the successive sessions as aforesaid, the House agrees in making any modification in the rule or the house agrees, that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule. - 8 - PUNJAB GOVT.GAZ(EXTRA.) NOVEMBER 28, 2005 217 (AGHN.7,1927 SAKA) Power to 12. (1) If any difficulty arises in giving effect to any of the provisions of this Act, the remove State Government may, by an order published in the Official Gazette, make difficulties such provisions not inconsistent with the provisions of this act, as may appear to it to be necessary for removing the difficulty. Provided that no such order shall be made under this section after the expiry of a period of two years from the date of the commencement of this act. (2) Every order made under this section, shall be laid, as soon as may be, after it is made, before the Punjab Legislative Assembly. H.S.BHALLA Secretary to Government of Punjab, Department of Legal and Legislative Affairs. 7176 LR(P)-Govt Press,UT,Chd - 9 -