The ORISSA DISTRICT PLANNING COMMITTEES ACT

THE ORISSA DISTRICT PLANNING COMMITTEES ACT, 1998 TABLE OF CONTENTS PREAMBLE SECTIONS CHAPTER-I PRELIMINARY 1. Short title and extent. 2. Definitions. CHAPTER-II CONSTITUTION, POWERS AND FUNCTIONS OF DISTRICT PLANING COMMITTEES 3. Committee for district planning. 4. Term of office of elected members. 5. Powers and functions of the Committee. CHAPTER-III MISCELLANEOUS 6. Filling up of casual vacancies. 7. Resignation by members. 8. Removal of members. 9. Conditions of office of members. 10. Issue of guidelines. 11. Procedure to be followed by the Committee. 12. Vacancies etc. not to invalidate proceedings of the Committee. 13. Power to make rules. 14. Power to remove difficulties. 15. Repeal. SCHEDULE REGISTERED NO. 0.14. The Orissa Gazette EXTRAORDINARY PUBLISHED BY AUTHORITY No 1282 CUTTACK,THURSDAY, OCTOBER 8,1998/ASHWINA 16, 1920 LAW DEPARTMENT NOTIFICATION The 8th October, 1998 No. 158 13/ Legis.- The following Act of the Orissa Legislative Assembly having been assented to by the Governor on the 28th September, 1998 is hereby published for general information. ORISSA ACT 8 OF 1998 THE ORISSA DISTRICT PLANNING COMMITTEES ACT 1998 AN ACT TO PROVIDE FOR THE CONSTITUTION OF DISTRICT PLANING COMMITTEE AT THE DISTRICT LEVEL. TO CONSOLIDATE THE PLAN PREPAREDBY THE PANCHAYATS AND THE MUNICIPALITIES IN THE DISTRICT AND TOPREPARE DRAFTDEVELOPMENT PLANFOR THE DISTRICT AS A WHOLE. B E it enacted by the Legislature of the State of Orissa in the Forty-ninth Year of the Republic of India as follows:- CHAPTER-I PRELIMINARY Short title 1.(1) This Act may be called the Orissa District Planning Committees Act, 1998. and extent. (2) It extends to the whole of the State of Orissa. Definitions. 2. In this Act, unless the context otherwise requires,- (a) "Committee" means a District Planning Committee Constituted under section 3; (b) "Government" means Government of Orissa; (c) "member"means member of the Committee and includes the Chair person thereof; (d) "Municipality" means a Notified Area Council or a Municipal Orissa Act Council or a Municipal Corporation constituted under the Orissa 23 of 1950. Municipal Act, 1950; (e) "Panchayat" means a Grama Panchayat constituted under the Orissa Grama Panchayats Act, 1964. or a Panchayat Samiti Orissa Act 1 of 1965. constituted under the Orissa Panchayat Samiti Act, 1959 or a Zilla Parishad; (f) “ Prescribed” means prescribed by rules; Orissa Act 7 of 1960. (g) “rules” means rules made by the Government under this Act; (h) “Zilla Parishad” means a Zilla Parishad constituted under theOrissa Orissa Act 17 of 1991. Zilla Parishad Act, 1991. CHAPTER –II CONSTITUTION, POWERS AND FUNCTION OF DISTRICT PLANNING COMMITTEE Committee 3. (1) There shall be constituted at the level of every district a District Planning for district Committee to consolidate the plans prepared by the Pachayats and the Municipalities in the planning. district and to prepare a draft development plan for the district as a whole. (2) The District Planning Committee of a district shall consist to such number of member as specified against that district in the Schedule. (3) As nearly as but not less than, eighty percent of the members shall be elected in the prescribed manner by, and from amongst, the elected members of the Zilla Parishad and the elected Councilors 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, and remaining twenty percentum of the members shall be as follows:- (i) a Minister in the Council of Ministers of the State to be nominated by the Government, who shall be the Chairperson; (ii) the Collector of the district, who shall be the Member-Secretary; and (iii) the remaining members, if any, to be nominated by the Government from among the persons having knowledge in Planning, Agriculture, Economics, Irrigation, Industry, Education, Rural Development or Social Services; Provided that no person shall be qualified for nomination as a member under this clause, if he- (i) is, at the time of nomination, of unsound mind or a deaf-mute; or (ii) is an uncertified bankrupt orundischarged insolvent; or (iii) has been convicted of an offence involving moral turpitude. (4) Notwithstanding anything contained in this section,- (a) members of Parliament and the members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly any area of the district shall be invited to attend the meetings of the Committee as permanent invitees; and (b) it shall be competent for the Chairperson of the Committee to invite any person including an expert to attend any meeting of the Committee; Provided that the members of Parliament and the Legislative Assembly of the State referred to in clause (a) and any person invited under clause (b) shall not have the right to vote in the meetings of the Committee, but the views expressed by them shall be recorded in the proceedings of the meeting. Explanation:- For the purposes of this section,- (a) "rural areas" means the territorial areas of Panchayats; and (b) "urban areas" means the territorial areas of Municipalities. (5) In absence of the Chairperson the members present in a meeting shall choose one from among themselves to preside over the meeting of the Committee. (6) The quorum for the meetings of the Committee shall be one-half or total number of members thereof. Term of office of 4. The term of office of an elected member shall be five years commencing on the elected date of his election unless removed earlier; members. Provided that the term of office of every elected member shall be coterminous with his membership in the Zilla Parishad or, as the case may be, the Municipality. Powers and 5. (1) The Committee shall consolidated the plans prepared by the Pachayats and functions of Municipalities in the district and shall prepare an integrated draft development plan for the the Committee. district as a whole. (2) In preparing the draft development plan, the Committee shall- (a) have due 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 environmental conservation; (ii) the extent and type of available resources whether financial for otherwise; and (b) consult such institutions and organisations as the Governor may, by order, specify in that behalf. (3) The Chairperson of every Committee shall forward the development plan to the Government with the recommendation of the Committee. (4) The Committee shall, for the purpose of discharging its functions entrusted under this section, have powers to call for any information from any Panchayat or Municipality in the district and shall also have the power to enter into such Panchayats and Municipalities and inspect the functioning thereof. (5) The Committee shall have power to review implementation and Municipalities and to make such recommendation as deemed appropriate. CHAPTER III MISCELLANEOUS Filling up 6. Any casual vacancy in the office of member due to death, resignation, removal of casual vacancies. or otherwise shall be filled up by fresh election or, as the case may be, nomination in accordance with the provisions of this Act, and the person so elected or nominated, as the case may be, shall hold office for the unexpired period of the term of the member in whose place he is so elected or nominated. 7. Any member other than an Ex-officio member, may resign his office by writing Resignation by under his hand addressed to the Government and shall be deemed to have vacated his office members. with effect from the date his resignation is accepted by the Government. Removal of 8. The Government may, by notification, remove from office a member of the members. Committee, if he- (i) is found to have any pecuniary interest in the schemes or works included in the plans or programmes prepared by any of the Municipalities or by the Zilla Parishad;or (ii) is convicted of an offence involving moral turpitude; or (iii) is found to be guilty of corrupt practice upon the trial of an election petition. Conditions of office of 9. (1) The office of the Chairperson and every other member shall be honorary; members. Provided that the may be paid such honorarium as the Government may, by rules, determine from time to time. (2) The members shall be paid such sitting fee for every meeting they attend and such travelling the daily allowances as the Government may, by rules, determine. Issue of 10. The Government may, with a view to ensuring the proper functioning of the guidelines. Committee, issue from time to time such administrative orders, directions and instructions not inconsistent with the provisions of this Act and rules, as they deem fit for the purposes of this Act and in particular in relation to the preparation of appropriate plans. Procedure to 11. The procedure relating to the convening of the meetings of the Committee be followed and the transaction of its business shall be such as may be prescribed. by the Committee. Vacancies 12. No act or proceeding of the Committee shall be invalid on the ground merely etc. not to of the existence of any vacancy or defect in the Constitution of the Committee. invalidate proceedings of the Committee. Power to 13. (1) The Government may, by notification, make rules for carrying out the make rules. provisions 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 following matters, nearly:- (a) manner of constitution of Committees and the election of members thereto under section 3; (b) provision relating to honorarium, sitting fee and travelling and daily allowances payable to the members under section 9; (c) procedure relating to convening of the meetings of the Committee and the transaction of the business; (d) any other matter which has to be, or may be, prescribed. Power to 14. If any difficulty arises in giving effect to the provisions of this Act, the remove Government may, as occasion may require, by order, do anything not inconsistent with the difficulties provisions of this Act or the rules, which appears to them necessary for the purpose of . removing the doubt or difficulty. Provided that no order shall be issued under this section after the expiry of a period of two years from the date of commencement of thisAct. Repeal. 15. Chapter, VIA of the Orissa Municipal Act, 1950 is hereby repealed. Orissa Act 23 of 1950. SCHEDULE (See Sub-section (2) of Section 3) COMPOSITION OF DISTRICT PLANNING COMMITTEES IN THE STATE Composition of the District PlanningCommittee Sl District No. Elected Members Ex officio Total Fom Zilla From Total Nominated Paishad Municipality (3)+(4) Members 1 2 3 4 5 6 7 1 Angul 14 2 16 4 20 2 Balangir 14 2 16 4 20 3 Balasore 15 1 16 4 20 4 Baragarh 15 1 16 4 20 5 Bhadrak 14 2 16 4 20 6 Boudh 7 1 8 2 10 7 Cuttack 12 4 16 4 20 8 Deogarh 7 1 8 2 10 9 Dhenkanal 15 1 16 4 20 10 Gajapati 11 1 12 3 15 11 Ganjam 13 2 16 4 20 12 Jagatsinghpur 15 1 16 4 20 13 Jajpur 15 1 16 4 20 14 Jharsuguda 8 4 12 3 15 15 Kalahandi 15 1 16 4 20 16 Kandhamal 15 1 16 4 20 17 Kendrapara 15 1 16 4 20 18 Keonjhar 14 2 16 4 20 19 Khurda 11 5 16 4 20 20 Koraput 13 3 16 4 20 21 Malkanagiri 11 1 12 3 15 22 Mayurbhaanj 15 1 16 4 20 23 Nabarangpur 15 1 16 4 20 24 Nayagarh 15 1 16 4 20 25 Nuapada 11 1 12 3 15 26 Puri 14 2 16 4 20 27 Rayagada 14 2 16 4 20 28 Sambalpur 11 5 16 4 20 29 Sonepur 11 1 12 3 15 30 Sundergarh 11 5 16 4 20 By Order of the Governor G.C.MOHANTY Secretary to Government