The Arunachal Pradesh District Planning Committee Act, 2011

18 The Arunachal Pradesh District Planning Committee Act, 2011 (Act No. 5 ot 2011) (Received the assent ofthe Governoron lstJune,2011And Published in theArunachal Pradesh E.O. Gazette No. 116,Vol-XVlll. dated 21st June, 2011) An Act to provide for the constitution of District Planning Committee at the district level, to consolidate the plan prepared by the Panchayats and the Municipalities in the District and to prepare five year prospective plan / draft development plan for the District as a whole. BE it enacted by the Legislative Assembly of the State ofArunachal Pradesh in the Srxty-second Yearofthe Republic of lndia as follows :- CHAPTER-I short title, 1. (1) This Act may be iplled the Arunachal Pradesh Extent & District Planning Committees (C6nStitution, Cornmence- Powers and Functions) Act, 2011 . ment. (2) lt shall extend to the whole of the State of Arunachal Pradesh or part thereof as may b€ notified by the SEte Govemment. fel ft *r" into force on ,r"htd"t" as the State "n"fi Govemment may, by notification in the Official Gazette, appoint. Definitions. 2. (1) ln thisAct, unless there is anything repugnant in the subject or context otherwrse requires,- (a) "Committee" means the District Planning Committee - constituted under section 3 ; (b) "Govemment" means the Govemment ofArunachal Pradesh ; (c) "membe/ means member of the Committee and includes the Chairperson thereof ; (d) ''Municipality" means a Nagar Panchayat or a Municipal Council or a Municipal Corporation constituted under the Arunachal Pradesh MunicipalAct, 2007 (Act No. 4 of 2008) ; 19 (e) "Panchayat" means a Gram Sabha, Gram Panchayat, Anchal Samity and Zilla Parishad constituted under the Arunachal Pradesh Panchayat RajAct, 1997 (Act No. 5 of 2001) ; (0 "Prescribed means as presbribed by rules ; (g)"rules means rules made bythe Govemment under this Act , (h) "Zilla Parishad; means a Zilla Parishad,constfuEd under the ArunachalPradesh Panchayat Raj Acl, '1997 (Act No. 5 of 2001). CHAPTER - II CONSTITUTION, POWERS AND FUNCTION OF DISTRICT PLANNING COMMITTEE ('l) 3. There shallbe constituted atlhe levelof every district Constitution a District Planning Committee to consolidiate the of a District plans prepared by the Panchayats and the Planning Municipalities in the district and to prepare a draft Committee. development plan for the distnct as a whole. (2) The District Planning Committee of a distric{ shall consist of such number of members as may be specified against that district in the Schedule. (3) As nearly as but not Iess than, eighty per cent ofthe members shall be elected in the prescribed manner by, and from amongst, the elected members of the Zilla Parishad and Anchal Samities, and Councillors of the Municipalities in the district in proportion to the ratio between the population of the rural areas and ofthe urban areas in the district, and remaining twenty per centof the members shall be as follo/vs :- (a) Deputy Commissioner of the district who shall be the Chairperson ; (b) theAdditional Deputy Commissioner headquarter cum District Panchayat Development Officer of the district, who shall be the Member-Secretiary , and 20 (c) five ex-otficio members to be appointed by the Government as under: (r) District Economrc and Statistical Officer. (ii) Proiect Director, DRDA, (iii) Town Planner. (iv) District Planning Officer. (v) Bank Officer. Provided that ne person shall be qualified fornomination as a member under this clause, if he/sh+. (i) b atthe tirne of nominalion, of unsourd mind or a deaf{ub ; or (ii) is bankrupt or insolvent ; or (iii) has been convicted ea ier of an offence involving moral turpitude. (4) Notwithstanding anything contained in this section- (1) the members of Parliament, the members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly any area of the district, Executive Engineer, PHE, Divisional Fo.est Officer, Executive Engineer, PWD, Deputy Direc'tor, Urban Oevelopment, District Horticulture Ofiicer, District Agriculture Officer, Disirict Heatth Offcer, Deputy Director of School Education, Executive Engineer, Powe( Executive Engineer, Water Resource, DLRSO, Executive Engineer, RWD shall be invited to attend the meetings of the Committee as permanent invitees; and (2) the Chairperson of the Committee shall ha/e the pou/ers 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 (1) and any person invited under clause (2) shalt not have the right to vote in the meetings of the Committee, butthe views expressed by them shall be recorded in the proceedings of the meeting. 21 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, Nagar Panchayat and notified torrns. (3) [n absence ofthe Chairperson, any member chosen by the members present from amongst themselves, shall preside overlhe meeting of the Committee. (4) The quorum for the meetings of the Commitee shall be one-third oftotal numberof members thereof. 4. The term of office of an elected member shall be five years Term ofoffice commencing on the date of his election unless removed of elected ; earlier members. Provided that the term of office of ev6ry elected member shall be coterminous with his membership in the Zilla Parishad or, as the case may be, the Municipality. 5. (1) The Commitee shall, formulate the development goals, Powers and objectives, policies and priorities in matters relating to funclions planning, development and use of rural and urban land of the in the district having due regard to socialjustice. committee. (2) ln particular and without pre.iudice to the generality of the foregoing provisions the district planning committee shall consolidate the plans prepared by the Pachayats and Municipalities and shall prepare an integrated draft development plan for the district as a whole and with lhe assistance of he Urban and Regional Planning (Town Planner) Member shall :- 22 (a) prepare a district development plan within two years from the date of constitution of the District Planning Committee for the district taking into account the Statd perspective plan, if any, and various plans of urban and rural areas and shall indicate long term, policies, strategies and priorities for spatio€conomic development pertaining to : (i) rural development including physicaland natural resource utilization, poverty alleviation, employment generation in both the formal and informal sectors and integrated economic and social infrastructure development ; (ii) conservation of environment, forests, ecologically sensitive areas and heritage zones ; (iii) develbpment of trade, commerce and industries ; (iv) Diskict level transportation system ; (v) integrated, infrasfucfure development covering water, energy, sanitataon, education, health, recreation, communication and other utilities, facilities and service ; (vi) housing and shelter development; (vii) population assignment and settlement pattem including rural service centers and small, medium and large urban centers ; with their functional specialization - (viii) generalised land use pattem i (ix) development of specialareas, ifany, such ds economlcally backward areas ; (x) mobillze the extent and type ofavailable rdsources whether financial or otherwise , (xi) phasing of district perspective plan in periods of five years preferably co-terminus witi the State Five Year Plan ; and (xii) any other particulars and details as may be considered necessary by the District Planning Committee or as may be directed by the Government. 23 (b) formulate annual plan ofthe District Development plan having regard to : (i) finding ofthe review of tiscal and physical performance of the previous year ; (ii) annual plan proposal of the rural panchayat and the urban area ; and (iii) sector-wise programmes and projects for rural and urban areas including fiscal requirement and physical targets to be achieved during the year. (c) consult such institutions and organizations as Chamber of Commerce and lrdustry non€ovemment Organization including ; professional bodies as lnstitute of Town Planner of lndia in formulation of district level Plans as Government may, by ordec speciry in that behalf ; (d) resolve conflicts on ; (i) issues regarding development oi peripheral areas of urban centers ; (ii) sharing of water and other physical and natural resourc€s among various rural and urban areas , (iii) sites for disposal of sewage and solid waste ; and (iv) overlapping functrons i (e) monitorthe physicalachievements oi the investments made by the various Planning and Development agencies and Panchayat within the district on annual basis and submission of report thereon to $e S'tate urban and country Planning Board and Go\remment , (0 advise the municipal bodies and panchayat on upgradatton of their status and alteration of boundaries ; (g) formulaE policies and identify proiecb for integEted development otdistrict level infrastructure and facilitiate their implementration through an agency in public or private sector including non- Govemmental and community based organlzation etc , 24 (h) serve as a nodal agency for disbursement of such funds, as may be determined by the Govemment. to the panchayat, and Planning and Development Authorities in the district ; (i) formulate various guidelines, manuals, norms and standards for promotion of planning and development and ; (j) perform any other incidental, supplemental or consequentialfunction oras prescribed or as may be directed by the Govemment or as may be necessary and required for the purposes of carrying out its functions under this AcI. (3) The Chairperson of every Committee shallforward the development plan to the Government and the State Urban and Country Planning Board with the recommendation of the Committee. (4) The Committee shall, for the purpose of discharging its functions entrusted under this section, shall have the powers to call for any information from any Panchayat or Municipality in the districtand shall also have the power to enter into such Panchayats and Municipalities and inspect the functioning lhereof. (5) The Committee shall have the power to review implementation bythe Municipalities and to make such recommendat,on as deemed appropriate. Stafiofthe 6 (1) Subject to such control and restrictions as may be Disuict prescribed, the State Govemment may appoint in Planning Committee, number of officers' and employees Committee. (including experts for technical work) as may be necessary for the efficient performance of its functions and maydetermine their designations and grades. 25 (2) The Chief Administrative Offic€r and other members, officers of the district planning committee shall be entitled to'€ceive trom the funds of the Distric,t Planning Committee such TA 1DA and such other allowances as may be determined by rules and regulations made in this behaf. 7. (1) The office ofthe Chairperson and every oher member Term of office honorary; shall be and condition Provided that they may be paid such TA,/DA of service of members of and other allowances as the State Government may, the District by rules and regulation determine from time to time. Planning (2\ The members shall be paid such sitting fee for every Committee. meeting they attend and such travelling, daily allowances as the State Government may, by rules, determine. I (1) The duty of the Urban and Regional Planning member Dutles and (Town Planner) (hereinafter referred to as the District functions of Regional Planning Members) shall be to assist the Urban and District Planning Committee in the preparation of Regional development plan and annual plan of the District Planning Planning Committee under section 5 (2) and perform (Towrt all other such functions as may be incidental, Planner) supplemental or consequential thereto or as may be Members of delegated to him by the District Planning Committee. the DPC. (2) The Urban and Regional Planning (Town Planner) member shall be provided with such establishment by the district planning committee as may be considered necessary and expedient for efficient performance of his functions underthisAct. e. (1) The Distuict Planning Committee shall prepare a Preparation development plan for a period of five year preferably and approval mterminous with the Slate Five Year Plan , and a report of district thereon and siall publish the same by a notice in at development lsast ofle local newspaper indicating he place or places plan. where the district development plan shall be avaitable for inspec{ion by the public inviting objections and suggestions in writing from any person in respect of the said plan within a period of thirty days from the date of publication ofthe aforesaid notice 26 (2) The Diskict Planning Committee shall appoint a Hearing Committee consisting of not more than five of its members including the District Urban and Regional Planning Membe( who will give hearing to all such persons who have made a request, in writing for being so heard and submit their report to the District Planning Committee. (3) The Districl Planning Commiftee shall within thirty days from the date of receipt ofthe report ofthe Hearing Committee under sub- section . (2) resolve to give effect to such modifications, as may be considered necessary and thereafter the District Development Plan would be submitted 10 the Governmentwith a copy to the Urban and Country Planning Board. (4) The Govemment shall, within sixty days of the receipt o, the district development plan under sub- section (3), approves the same with or without modifications. (5) As soon as may be, but not later than thirty days after the Diskict Development Plan has been approved by the State Govemment, the .District Planning Committee shall publish a notitication in Official Gazefte and at least in two local newspapers, one of which must be in English, of the approval of District Development Plan. The notice shallalso state the name ofthe place or places where a copy of the District Development Plan may be inspected at all reasonable hours and also lhose copies thereof or extracts therefrom certified to be correct shall be available for sale to the public at reasonable price. (6) The District Development Plan shall come into operation from the date of publication of the notification in the Official Gazette published in terms of sub- section (5). (7) Simultaneously with the publication of notification in the Official Gazette under sub- section (5) the District Planning Committee shall foMard a copy thereof to each of the concerned authority, Planning and Development authorities, municipallty, panchayat at the District level and also publish the salient features of such approved plan in atleast two newspapers circulating in the district of which one must be in English language for information of the public specifying the place or places where a full copy of such plan may be inspected. 27 Provided that in case the District Development Plan has been approved by the State Governmentwith modifications, the District Planning Committee shall incorporate the necessary modlfications before forwarding it to above bodies and publication in the Official Gazette or newspapers. (8) On receipt of the copy of the approved district development plan each concerned Planning and Development Authority and panchayat at the district level shall take steps to obtain such sums of money as allocated to it under Centre or State sector and proceed to execute the concerned projects through the process of ,ormulation ofannualplan and schemev projects within the respective approved development plan. 10 lmmediately after the expiry of three years from the Review and date ofapprovalof the district development plan under revision of suF section (5) of section 9, but not later than six the district months, the District Planning Committee shall with development the assistrance of District Urban and Regional Planning plan. Member, reviewsuch plan and prepare a fresh distnct development plan fur five years commencing from the date of expiry ofsuch plan in brce afler incorporating such modifications and amendments as may be considered necessary and submit it for approval as laid down in section 9. 11. (1) Notwithstanding anything contained in section 9, the Modificatins development plan of a district may be modified at any to district time and for this purpose the District Planning development Committee shall publish a draft of the proposed plan. modification by a notice in atleast one local newspapers inviting objections and suggestions from the public within thirty days from the date of aforesaid publication ofthe notice and after givang an opportunity of hearing to such persons who have made a request of being heard and after considering such objections and suggestions, finalize the modifications and submit the modifications to the Stiate Govemment. 2g (2) The Sate Government may approve the modifications with or \rvithout variatjons or refuse to approve the modiMion by a notification an the Ofticial Gazette and in at least one local newspaper. Provided that no such modifications shall, as proposed be approved by the State Govemment, unless they are in public interestand are notifed to the public. CHAPTER. III MISCELLANEOUS Filling up Any casual vacancy in the committee as constituted ofcasual under section 3, due to death, resignation, removal or vacancies otheMise, of a member, the same shall be filled up by fresh election or, as the case may be, nomination in accordance with the provis,ons of this Act, and the person so elected or nominated, as the case may be, shall hold office for the unexpired period ofthe term of the member in whose place he is so elected or nominated. ResQnation 13 Any member other than an Ex-officio member, may by members. resign his ofFrce by writing under his hand addressed to the State Govemmentand shall be deemed to have vacated his otfice with effect from the date his resignation is accepted by the State Government. Remo\€lof 14 The Slate Government may, by notification, remove members. from office a memberof the Committee, if he- (i) is found to have any pecuniary interest in the schemes or works included in the plans or progEmmes prepared by anyof the Municipalities or by the Zilla Parishad ; or (ii) is convicted of an offence invoMng molalturpitude; ot (iii) is found to be guilty of corrupt practice upon the trial in an election petition. 29 15 The State Government may, with a view to ensuring lssue of the proper functioning of the Committee, issue from guidelines time to time such administrative orders, directions and lnstructions not inconsistenl with the provisions of this Act and rules, as lhey deem fit for the purposes of this Act and in particular in relation to the preparation of appropnate plans. 16. The Diskict Planning Committee shall meet as and Meeting of when necessary and at least twice in a year at such the District tme and place as the Chairperson may determine, Planning in this behalf and shall observed such proce- Committee. dure as may be prescribed in regard to the transaction of ils business at such meetings. 17 No act or proceeding of the Committee shall be Vacancies invalid on the ground merely ofthe existence ofany etc. not to vacancy or defect in the Constitution of the invalidate proceedings Committee. of the Com- mittee. 18. (1) The State Government may, by notification, make Power to rules and regulations forcarrying outthe provisions make rules of this Act. and regu- lations. (2) ln particular and without prejudice to the generali9 ofthe foregoing power, such rules and regulations may provide for all or any of the iollowing 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 7 ; (c) procedure relating to convening of the meetings of the Commiftee and the transaction of the business ; (d) any other matter which has to be, or may be, prescribed. 30 Power to Iemor'e I difficulties. and to them o, nol Provided that no ordershall be issued under this section after the expiry of a period oflhree years from the date of commencement of thisAct. (l) srBm . rcilEJilirc{ yd ,y6rfl rnsrnnrevoA sl$e edT 8f anoiaivolg edrJuo pniy1r6trol ?noirslu€,sl bn6 aeiul .r3A zid, io ,ri nl vtilE)ense orb or solbiJi$q ruo.ttlv. r9lu3ii6q (S) enoir6iup$ br6 eglur rloue Je#cq enrogs-'ol on,lo ,e19rrim pnivollol grltlo vfl6 ,'rl lls loi sb,!,orq ysir -: v'he5;; srl, bfl6 ?gsrimmoClo floiruiirenoo io 1gnflEm (6) I noircoe rgbnu olslgd, algdrnom lo noiloslo bns s5? gnirfia ,rftrh8]onod o, g{rrrsbr noiz,vorq (d) grtl o, eldEysq eosrvollB yli6b bn6 gnillevsr, \ n9ib6e argdmom , -1abnu ?gniigam srtlo eflinevnoo o, grli-rdgl grrrbsoorq (3) 9rl, lo noirc6an6r, orl, bna gsrrimrio3 5d, lro :?--i9lri?Ud .ed ys0'1 'c.5d o, asd rl3id\ry 15ri6m rsrlrc {i16 (b) i:gdir:,'agrq 31 SCHEDULE (See Sub-section (2) of Section 3) COMPOSITION OF DISTRICT PLANNING COMMITTEES IN THE STATE sl. District ElectedMembers Ex Officio Nominated Total No Members From From Total Chair- Chair- Govt Zilla Munici- 3+4 person person officers Parisad/ pality Anchal Ward all Chief S E a x m - it i Com- Coun- mittee cillor ofFrcio Ex- mem- officio bers mem- ' bers. 34 6789 1 2 5 Ta,lrang 1. 6 6+' 6 # 2. West Kameng 9 9+* o # 3. EastKameng 14 '14 +' 14 # 4. Papum Pare '10 10 +. 10 # 5. Lower Subansiri 14 14 +' 14 # 6. UpperSubansiri 14 14 +'. 14 # 7. Kurung Kumey 13 13 +', IJ # 8. West Siang 20 20 +' 20 # 9. Uppersiang 4 4+' 4 # 10. East Siang 3 3+' * 11. UpperDibang 3 3+' J # Valley 12. Dibang Valley 6 6+' 6 13. Lohit 8 8+' I # Anjaw 4+' 14. 4 4 15. Changlang 7 7+' 7 # 16.'1-irap 16 16 +" to # 32 * Note:- * l. There shall be only one Chief Councilor in one Municipality. The number of Chief Councilorand Chairperson ofward Com- mittee of a district shall be available gnly after constitution of Municipality. # (i) District Economic & $atistical Officer (ii) Project Director, DRDA (iii) Toi/n Phnner (M) District Planning Officer (v) Bank Ofiicer.