short title, Extent &
Cornmence- ment.
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 Municipalitiesin 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 :-
Definitions.
CHAPTER-I
1. (1) This Act may be iplled the Arunachal Pradesh District Planning Committees (C6nStitution, Powers and Functions) Act, 2011 .
(2) lt shall extend to the whole of the State of Arunachal Pradesh or part thereof as may b€ notified by the SEte Govemment.
felft "n"fi *r" into force on ,r"htd"t" as the StateGovemment may, by notification in the Official Gazette, appoint.
2. (1) ln thisAct, unless thereis anything repugnantin 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) ;
1
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
3. ('l) There shallbe constituted atlhe levelof every district a District Planning Committee to consolidiate the plans prepared by the Panchayats and the
Municipalities in the district and to prepare a draft 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 districtin the Schedule.
(3) As nearly as but not Iess than, eighty per cent ofthe members shall be electedin 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 areasin 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
Constitution
of a District
Planning
Committee.
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.
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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 ofhis 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)
(2)
The Commitee shall, formulate the development goals, objectives, policies and priorities in matters relating to planning, development and use of rural and urban land in the district having due regard to socialjustice. 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 :-
Powers and
funclions
of the
committee.
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.
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(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 ,
Stafiofthe 6 Disuict
Planning
Committee.
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.
(1) Subject to such control and restrictions as may be prescribed, the State Govemment may appoint in Committee, number of officers' and employees (including experts for technical work) as may be necessary for the efficient performance of its functions and maydetermine their designations and grades.
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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 shall be honorary; and condition
(2\
I(1)
(2)
e.(1) Provided that they may be paid such TA,/DA and other allowances as the State Governmentmay, by rules and regulation determine from time to time. The members shall be paid such sitting fee for every meeting they attend and such travelling, daily allowances as the State Government may, by rules, determine.
The duty of the Urban and Regional Planning member (Town Planner) (hereinafter referred to as the District Regional Planning Members) shall be to assist the District Planning Committee in the preparation of development plan and annual plan of the District Planning Committee under section 5 (2) and perform all other such functions asmay be incidental, supplemental or consequential thereto or as may be delegated to him by the District Planning Committee. 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. The Distuict Planning Committee shall prepare a development plan for a period of five year preferably mterminous with the Slate Five Year Plan , and a report thereon and siall publish the same by a notice in at lsast ofle local newspaper indicating he place or places 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 Dutles and
functions of
Urban and
Regional
Planning
(Towrt
Planner)
Members of
the DPC.
Preparation
and approval
of district
development
plan.
of service of
members of
the District
Planning
Committee.
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 effectto 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.
(8)
10
11.(1)
27
Provided that in case the District Development Planhas 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.
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.
lmmediately after the expiry of three years from the date ofapprovalof the district development plan under suF section (5) of section 9, but not later than six months, the District Planning Committee shall with the assistrance of District Urban and Regional Planning 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.
Notwithstanding anything contained in section9, the development plan of a district may be modified at any time and for this purpose the District Planning Committee shall publish a draft of the proposed modification by a notice in atleast one local newspapers inviting objectionsand 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. Review and
revision of
the district
development
plan.
Modificatins
to district
development
plan.
Filling up ofcasual vacancies ResQnation 13 by members. Remo\€lof 14 members.
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
Any casual vacancy in the committee as constituted under section 3, due to death, resignation, removal or otheMise, of a member, the same shall be filled up by fresh election or, as the case may be, nominationin 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.
Any member other than an Ex-officio member, may 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 datehis resignation is accepted by the State Government. The Slate Government may, by notification, remove 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.
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15
16.
17
18.(1)
(2)
29
The State Government may, with a view to ensuring the proper functioning of the Committee, issue from 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.
The Diskict Planning Committee shall meet as and when necessary and at least twice in a year at such tme and place as the Chairperson may determine, in this behalf and shall observed such proce- dure as may be prescribed in regard to the transaction of ils business at such meetings. No act or proceeding of the Committee shall be invalid on the ground merely ofthe existence ofany vacancy or defect in the Constitution of the Committee.
The State Government may, by notification, make rules and regulations forcarrying outthe provisions of this Act.
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.
lssue of
guidelines
Meeting of
the District
Planning
Committee.
Vacancies
etc. not to
invalidate
proceedings
of the Com-
mittee.
Power to
make rules
and regu-
lations.
30
Power to Iemor'e difficulties.
I
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. srBm . rcilEJilirc{ yd ,y6rfl rnsrnnrevoA sl$e edT (l) 8f anoiaivolg edrJuo pniy1r6trol ?noirslu€,sl bn6 aeiul .r3A zid, io
vtilE)ense orb or solbiJi$q ruo.ttlv. ,ri r9lu3ii6q nl(S) enoir6iup$ 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 -1abnu argdmom
?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.
No
District ElectedMembers Ex Officio Nominated Members
Total
From From Total
Zilla Munici- 3+4
Parisad/ pality
all Chief
Coun-
cillor
Chair- Chair- Govt
person person officers
Anchal Ward
Samiti Com- Ex- mittee
ofFrcio Ex-
mem- officio
bers mem-'
bers.
2 34 5 6789
1. Ta,lrang 6
2. West Kameng 9
3. EastKameng14
4. Papum Pare'10
5. Lower Subansiri14
6. UpperSubansiri14
7. Kurung Kumey13
8. West Siang 20
9. Uppersiang 4
10. East Siang 3
11. UpperDibang 3 Valley
12. Dibang Valley 6
13. Lohit 8
14. Anjaw 4
15. Changlang 7 16.'1-irap 16 #
#
#
#
#
#
#
#
#
*
#
#
#
#
6
o
14
10
14
14 IJ 20 4 J 6 I 4 7 to 6+' 9+* '14 +' 10 +.
14 +'
14 +'.
13 +', 20 +' 4+' 3+' 3+' 6+' 8+' 4+' 7+' 16 +"
1
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.