Extra No. 19 REGISTERED No. G/Gl\'R/2 ©
tltbe @ujarat ~obernment @a?ette
EXTRAORDINARY
PUBLISHED BY AUTI-IORITY Vol. XLIXJ TUESDAY, SEPTEi\IBER 30, 2008/AS~A 8, 1930 Scpar.ite paging i,. given to this Part in order that it may be filed as a Separate Compilation.
PART IV
Act• of Gujarat Legislature and OrdiMnccs promulgated and Regulations made by the Governor.
The fol!O\\ing Act of the Gajarat Legislature. having been assented to by the Governor on the 30'ii September, 2008, is hereby published for general information.
H.D. VYAS,
Sccrewy to the Government of Gujarat, Legislali\·e and Parliamcnwy Affairs DcpanmenL
GUJARAT ACT NO. I80F2008.
(First published, after having received the assent of the Governor, in the
"Gujarar GovernmenJ Ga::eue" on the 30111September. 2008). Al\' ACT
to provide for the constitution of the Metropolitan Planning Commincc in every Metropolitan area for preparation of the draft development plan for the Metropolitan area.
It is hereby enacted in the Fifty-ninth Y car of the Republic of India as follows:-
1. ( l) This Act may be called the Gujarat Metropolitan Planning Short till< and Committees Act, 2008. commencement.
(2) It shall come into force on such date as the St.ate Government may, by notification in the Official Gazette, appoinl
IV-Ex., 19· 1 19· 1
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19-2 Jnfinitions. 2. Gld ARA T GOVERNMENT G/\ZElTE, EX., 30-9-2008 [PART IV In this Act, unless the context otherwise requires, -
(a) .. Chief Executive Authority~ means officer appointed by the Government in respecti~e Urban Development Aulhority:
(b) "Collector" means the Collector of the District in the Metropolilan area:
(c)
(d)
(e)
·-Commmee" means a Metropolitan Planning Comminee constituted under sub-section (I) of section 3;
"district .. means a district of Gujarat:
"District Development Officer" means the officer appointed as such by the Government under the Gujarat Panehayats Act, 1993. G•i· is or 1'93.
(f) '"District Pancbayat" means a District Panchayat defined in clausl.'
(7) of section 2 of Gujarat Panchayats Act, 1993; ~;j)_180'
(g) ··panchayat~ mean:; a village panchay:n as ddined in clause (30) of section 2 of the Gujarat Pancba'-11ts Act. 1993: G•1-1s.r , 1'9J.
(h) '"population" means the population a~ ascertained at !he lasr preceding (."ensus of which rhe relevant figures have been published:
(i) "prescribed" mtlans prescribed by rules made under this Act;
(j) .. Metropolitan area·· means an area ha\'ing a population of ten lakhs or more. comprised in one or more districts and consisting of two or more Municipalities or Panchayats or other contiguous areas, specified by the Government by public notification to be a Metropolitan area for the purposes of lhis /\ct:
(k) ··\lfunicipality~ means an institution of self-Government as defined in clause (14) of section 2 of the Gujarat Mw1icipalities Act, 1963;
(I) .. norificauon .. means notification published in the Official Gu-..eue;
(m) "Urban Development Authority" means an urban development authority constituted under sub-section (I) of section 22 of the Gujarat Town Planning and Urban Development Act, 1976 for Ahmedabad, Surat. Vadodara and RaJkot_
Guj. 34 of
1%4.
Prc.JJdcat Ace No.nor
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PART IV] GUJARAT GOVERNMENT GAZETTE, £X., 30-9-2008 19-3
3. (1) The State Government shall, by notification in the Official Gazette constitute a Metropolitan Planning Committee in .every Metropolitan are< consisting of such number of persons not less than thirty and not more than foriy. five as it may determine.
(2) The Metropolitan Planning Committee shall consist of following members, namely :-
(i) The Chairperson of the committee shall be the Minister nominated by the Government;
(ii) the President of the District Panchayat having largest population in the Metropolitan area if there are more than one district, within the Metropolitan area, shall be a member;
(iii) the Chairman of the concerned Urban Development Authority in Metropolitan area, ex-officio;
(iv) the Mayor of Municipal Corporation shall be member;
(v) the Municipal Commissioner, ex-officio;
(vi) the District Collector, ex-o.fficio;
(vii) the District Development Officer of the District Panchayat having largest population in the Metropolitan area if there are more than one district, within the Metropolitan area, ex-officio;
(viii) the Chief Executive Authority of concerned Urban Development Authority shall be Member-Secretary of the Committee and his office \Vil! be the Secretariat of the Committee;
(ix) a person or persons, as detennined by the State Government having special knowledge in the fields of economics, planning, finance, engineering or administration, may be appointed as member or members;
(x) Such number of members as determined by the State Government, to be elected by and from amongst the elected members of Municipalities and Chairpersons of Panchayats falling in the Metropolitan area :
Provided that not Jess tban two-thirds of the total number of the members of the Committee shall be elected by and from amongst the elected members of the Mwucipalities and Chairpersons of the Panchayats in proportion to the ratio between the population of the Municipalities and of the Panchayats in the Metropolitan area.
Constitution of
Metropolitan
Planning
Committee.
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19-4 GUJARAT GOVER.l'1MENT GAZETTE, EX., 30-9-2008 [PART IV
(3) (i) The members of the House of the People and the members of the Gujarat Legislative Assembly elected from any constituency in the Metropolitan area or a part thereof shall be permanent invitees to the Metropolitan Planning Comminee;
(ii) Such officer or officers of the State Government or of any statutory Board, Corporation or Authority having knowledge in the field of economics, planning, engineering, finance or administration, as decided by the State Government, shall be the permanent invitees to the Metropolitan Planning Committee. Election. 4. (1) The Municipal Commissioner shall co-ordinate and supervise all works Torm or offkc
and olbcr
conditions or
mtmbus of
Committee.
in connection with the election of members to the Committee in the manner as may be prescribed.
(2) The Municipal Commissioner shall appoint a Returning Officer and as many Assistant Returning Officer as may be necessary for conducting the election of members to the Committee.
(3) The powers and functions of the Returning Officer and the Assistant Returning Officers shall be such as may be prescribed.
(4) \Vhere any dispute arises regarding any election held under this Act, any person entitled to vote at such election may, within thirty days after the date of the declaration of the results of such election, file an appeal before the Election Commissioner of the State having jurisdiction, and the decision of the Election Commissioner shall be final and shall not be called in question in any coun.
(5) Notwithstanding anything to !he contrary contained in this Act or in any other law for the time being in force, no civil court of law shall have jurisdiction to entertain any petition calling in question the validity of any election held under this Act.
5. {I) The term of office of the members of the Committee other than ex- officio, shall be five years.
(2) A member of a Committee, who is a Chairperson of a Panchayat, or a member of a Municipality, the House of the People, the Legislative Assembly of the State shall cease to be a member of the Committee if he ceases to be a Chairperson of respective Panchayat, or a member of the respective Municipality, the House of the People or the Legislative Assembly of the State.
(3) The other tenns and conditions of the members of the Committee shall be such as may be prescribed.
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PART IV] GUJARAT GOVERNMENT GAZE1vfE, EX., 30-9-2008 19-5
6. A member of a Committee may, at any time, resign his office by writing to the Chairperson and, on such resignation being accepted, the member shall be deemed to have vacated his office.
7. Any vacancy occurring by reason of death, resignation or otherwise of an elected member of a Committee shall be filled by election of another member in the manner as may be prescribed.
8. The State Government shall provide to the Committee such sum as it may think fit for the purpose of carrying out the functions by the Committee under this Act.
9. (l) The Committee shall meet on such date, at such time and place as the Chairperson may think fit and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed; Provided that the Chairperson, when required by a notice in writing by at least one-third of the members of the Committee shall call a meeting within one month from the date of receipt of the notice.
(2) Minimum of ten members, shall form a quorum for a meeting of the Committee:
Provided that no quorum shall be necessary for an adjourned meeting.
(3) The Secretary of the Committee shail maintain records and the proceedings of the meetings of the Committee and shall take such actions as the Committee may decide.
10. (1) Every Metropolitan Planning Committee shall prepare a draft development plan for the Metropolitan area as a whole.
(2) The Committee shall, in preparing the draft development plan under sub- section (I), -
(a) have regard to·
(i) the plans prepared by the Municipalities and the Panehayats in the Metropolitan area,
(ii) matters of common interest between the Municipalities and the Panchayats, including co-coordinated spatial planning of the area, sharing of water and other physical and natural resources, the integrated development of infi:astructurc and environmental conservation;
(iii) the overall objectives and priorities set by Government of India and the State Government;
Resignation.
Filling of casual
vacancy in place
ofan elected
memt>er of
Committee.
Grant to
Committee.
Procedure,
records to be
regulated by
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Power or State Government to
make rul
ttmO\'t'
difficultitS. 19-6 GUJARAT GOYEIU\'ME\'T GAZETTE, EX., 30-9-2008 [PART IV
(iv) the extent and nature of investments likely to be made in Metropolilan area by agencies of the Governmcm of India and of the State Government and other available resources whether financial or otherwise;
(b) consult such institutions and organizations as the State Go\·emment may, by order, specify.
(3) The Chairperson of a Metropolitan Planning Committee shall forward the draft development plan, as recommended by such Committee. to the State Government in the manr.er as may be prescnl>ed.
(4) The Chairperson of a Committee shall have powers to mvitc any expert of any field if necessary as a special invitee.
11. (I) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and ""'ithout prejudice to the generality of the foregoing pov.-er. such rules may provide for all or any of the matters, which under any provision of this Act, arc required to be prescribed or to be provided for by rules.
(3) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made and shall be subject to resci:.sion by the State Legislature or to ~uch modification as the State Legislarure may make during the session in which tllc) are so laid or the session immediately following.
(4) Any rescission or modification so made by the State Legislature shall be published in the Official Ga=ette. and shall tllcreupon take efteet.
12. (I ) If any difficulty arucs in giving effect to the provisions of this Act. the Statc Government may, by order publishc:d in the Official Gazelle, make such provisions not inconsistent with the provisions of this Act, as appears it to be necessary or expedient for removing the d;mculty:
Provided that no order under sub-section (I) shall be made after tllc expir) oft\\O years from the date of commencement oftllis Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before the State Legislature.
Co,emment Central Press, Gandhinag;ir.
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