Maharashtra act 024 of 1998 : The Maharashtra District Planning Committees (Constitution and Functions) Act, 1998.

CHAPTER I

PRELIMINARY

CHAPTER II

CONSTITUTION AND FUNCTIONS OF THE DISTRICT PLANNING COMMITTEE

CHAPTER III

MISCELLANEOUS

Section 1.Short title, extent and commencement.

(1) This Act may be called the Maharashtra District Planning Committees (Constitution and Functions) Act, 1998.

(2) It extends to whole of the State of Maharashtra, excluding the Scheduled Areas declared by the President of India, from time to time, in exercise of the powers conferred by paragraph 6 of the Fifth Schedule to the Constitution of India.

(3) It shall come into force on such date as the State Government may, by ¹notification in the Official Gazette, appoint.

1. This Act came into force w.e.f. 15th March 1999, by G. N., Planning Department, No. JNS. 1098/ ER-93, Desk 1444.

Section 2.Definitions.

In this Act, unless the context otherwise requires,-

(a) "Backward Class of citizens" means such classes or parts of groups within such classes as are declared, from time to time, by the State Government to be Other Backward Classes, Vimukta Jatis, Nomadic Tribes and Special Backward Class ;

¹[(a-i) "Constituency" means a constituency for election to a District Planning Committee and shall consist of the rural area constituency, transitional area constituency, smaller urban area constituency and the larger urban area constituency, comprising the area of Zilla Parishad, Nagar Panchayats, Municipal Councils and Municipal Corporations, respectively in the respective District;]

(b) "Constitution" means the Constitution of India ;

(c) "development plan" means socio-economic development plan for primary, secondary and tertiary sectors of economy as outlined in the Five Year Plan and the Annual Plan of the country in general and State in particular ;

(d) "district" means a district as defined in clause (b) of article 243-P of the Constitution ;

(e) "Minister-in-charge of the district" means a Minister designated by the State Government to be the Minister-in-charge of the district ;

(f) "Municipality" means a Municipality as defined in clause (e) of article 243-P of the Constitution ;

²[(g) "Panchayat" means a Panchayat at District level (Zilla Parishad) constituted under section 9 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Mah. V of 1962);]

(h) "population" means the population ascertained at the last preceding census of which the relevant figures have been published ;

(i) "prescribed" means prescribed by rules made under this Act ;

(j) "rural area" means the area conprising all Panchayats in a district ;

(k) "Scheduled Castes" means such castes, races or tribes or parts of, or groups within such castes, races or tribes as are deemed to be the Scheduled Castes in relation to the State of Maharashtra under article 341 of the Constitution;

(l) "Scheduled Tribes" means such tribes or tribal communities or parts of, or groups within, such tribes or tribal communities as are deemed to be the Scheduled Tribes in relation to the State of Maharashtra under article 342 of the Constitution.

1. Clause (a-i) was inserted by Mah. 30 of 2000, s. 2 (a).

2. Clause (g) was substituted by Mah. 30 of 2000, s. 2 (b).

Section 3.Constitution of District Planning Committee.

(1) There shall be a District Planning Committee for every district consisting of not less than thirty and not more than fifty members as provided sub-section (2) to 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 District Planning Committee, for a district with population of,-

(i) more than twenty lakhs, shall have thirty members ;

(ii) more than twenty lakhs but not more than thirty lakhs, shall have forty members; and

(iii) more than thirty lakhs, shall have fifty members.

(3) Every District Planning Committee shall consist of the following members, namely:-

I. Ex-officio Members-

(a) Minister-in-Charge of the district ;

(b) President of the Zilla Parishad ;

¹[(c) Collector of the district.]

²[II. Nominated Members.- (a) The Governor shall nominate one member from amongst the members of the Statutory Development Board for the concerned region, as its representative ;

(b) The State Government shall nominate two members form amongst the members of the Maharashtra State Legislature and the members of Parliament, ordinarily resident of, or elected from the area of the District Planning Committee ;

(c) The State Government shall, in case of a District Planning Committee having forty members, nominate two members and in case of a District Planning Committee having fifty members, nominate four members, having knowledge relating to the District Planning, in addition to the Ex-officio members and the members nominated under clauses (a) and (b) ;]

(d) Where a members of the District Planning Committee, nominated under clause (b) or (c), is a Minister, such member shall be designated as the Co-chairperson of the Committee.]

III. Elected Members.- (a) Of the total number of members of the District Planning Committee not less than four-fifths 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.

(b) The members to be elected under clause (a) to the District Planning Committee shall be elected ³[in the prescribed manner,] from amongst the voters, in the electoral college earmarked for the purpose.

(c) The election of members shall be conducted in accordance with the system specified in clause (b), by such authority or officer and in such manner as may be prescribed.

⁴[IV. Special Invites.- (a) The members of the Parliament and the members of the Maharashtra State Legislature, ordinarily resident of, or elected from the area of the District Planning Committee, other than those nominated by the State Government under paragraph II;

(b) the Divisional Commissioner for the district ;

(d) the officer on Special Duty (Planning) in the office of the Divisional Commissioner ;

(e) the District Planning Officer; and

(f) the State Government in consultation with the Chairperson of the District Planning Committees shall nominate 10, 12 and 15 persons ordinarily resident of the area of the District Planning Committee and having knowledge of District Planning, to be special invitees on the District Planning Committees whose total number of members are 30, 40 and 50, respectively;]

(4) The Minister-in-charge of the district shall be the Chairperson of the District Planning Committee and the Collector of the district shall be the Member-Secretary of the District Planning Committee.

(5) In the absence of the Chairperson at any meeting of the District Planning Committee, the members may elect the ⁵[Chairperson] from amongst themselves to preside over the meeting.

1. Clause (c) was substituted for clauses, (c), (d), (e) and (f) by Mah. 30 of 2000, s. 3 (a) (1).

2. Paragraph with the heading "II. Nominated Members" was substituted, by Mah. 30 of 2000, s. 3 (a) (2).

3. These words were substituted for the words "single transferable vote," by Mah. 30 of 2000, s. 3 (a) (3).

4. The Paragraph with the heading "IV. Special Inveitees" was substituted, by Mah. 30 of 2000, s. 3 (a) (4).

5. This word was substituted for the words "Vice-chairperson", Mah. 30 of 2000, s. 3 (b).

Section 4.Reservation of seats.

(1) In the seats to be filled in by election in the District Planning Committee, there shall be seats reserved for persons belonging to the Scheduled Castes, Scheduled Tribes, Backward Class of Citizens and women, as provided in sub-sections (2) and (3), in the prescribed manner.

¹[(2) The number of seats to be reserved for the persons belonging to the Scheduled Castes in each constituency shall bear, as nearly as may be, the same proportion to the total number of Scheduled Caste members in that constituency as the population of the Scheduled Castes in the district bears to the total population of the District:

Provided that, ²[one-half] of the total number of seats so reserved shall be reserved for women belonging to the Scheduled Castes:

Provided further that, where the number of seats reserved for Scheduled Castes in only one, then no seat shall be reserved for woman belonging to the Scheduled Caste ³*****.]

⁴[(2A) One seat shall be reserved for the Scheduled Tribes in a District Planning Committee where the constituency of such district is having the largest number of elective seats in the general category, and where such district does not have a separate District Planning Committee exclusively for the Tribal Sub-Plan:

Provided that, no seat shall be so reserved if there is no member belonging to a Scheduled Tribe amongst the members of the Constituencies of the District Planning Committees.]

(3) The number of seats to be reserved for the persons belonging to Backward Class of Citizens shall be thirty per cent. of the total number of seats to be filled-in by election in the District Planning Committee:

Provided that, ⁵[one-half] of the total number of seats so reserved shall be reserved for women belonging to the category of Backward Class of Citizens.

(4) ⁶[One-half] (including the number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Class of citizens) of the total numbers of seats to be filled-in by election from the urban area or rural area in a District Planning Committee shall be reserved for women.

1. Sub-section (2) was substituted by Mah. 30 of 2000, s. 4 (a).

2. These words were substituted for the words one-third by Mah. 33 of 2012, s. 2 (1) (a).

3. These words "and where only two seats are reserved for the Scheduled Castes, one of the two seats shall be reserved for woman belonging to the Scheduled Caste" were substituted, Mah. 33 of 2012, s. 2 (1) (b).

4. Sub-section (2A) was inserted by Mah. 30 of 2000, s. 4 (b).

5. These words were substituted for the words "one-third" by Mah. 33 of 2012, s. 2 (1) (c).

6. These words were substituted for the words "one-third" Mah. 33 of 2012, s. 2 (1) (d).

Section 5.Term of office and filling of casual vacancies.

(1) The term of office of the members nominated shall be such as may be specified by the State Government at the time of such nomination on the District Planning Committee.

(2) The term of office of the elected members of the District Planning Committee shall be coterminus with their term of office in the respective local authority.

(3) A nominated or elected member may resign his office by writing under his hand addressed to the State Government. The resignation shall be effective from the date of its receipt by the State Government.

(4) Any casual vacancy arising out of such resignation or for any other reason such as death or disablement of a member shall be filled by nomination or election, as the case may be:

Provided that, the member so nominated or elected shall hold office only for the remainder of the term for which the member in whose place he is nominated or elected, would have held office.

Section 6.Removal of members.

The State Government may, by notification in the Official Gazette, remove from the office a member of the District Planning Committee-

(a) if he has any pecuniary interest in the schemes, or works included in the plans or programmes prepared by the Municipal Corporations, Zilla Parishads, Municipal Councils or Nagar Panchayats in the District; or

(b) if he is convicted for an offence involving moral turpitude punishable under the provisions of any law for the time being in force in the State; or

Section 7.Procedure to be followed in discharge of the functions.

The procedure to be followed in discharge of the functions by the District Planning Committee shall be such as may be prescribed.

Section 8.Proceedings presumed to be good and valid.

No act or proceeding of the District Planning Committee shall be invalid by reason only of a vacancy therein, or any defect in the election or nomination of any member, if such act or proceeding is otherwise in accordance with the provisions of this Act.

Section 9.Allowances of Chairpersons and members.

9. Allowances of Chairpersons ¹**** and members.- The Chairperson, ²**** and other members of the District Planning Committee shall receive such allowances as may be fixed by the State Government, from time to time.

1. The words "Vice-chairperson" were deleted, Mah. 30 of 2000, s. 5 (b).

2. The words, brackets and figures "the person elected as Vice-chairperson under sub-section (5) of section 3" were deleted by Mah. 30 of 2000, s. 5 (a).

Section 10.Functions of District Planning Committee.

The State Government shall, by order, from the date specified in such order entrust to the District Planning Committee all or any of the functions mentioned below-

(a) to consider and consolidate the District Annual Plans prepared by the Panchayats and Municipalities in the district and to prepare draft Development plan for the district as a whole ;

(b) to consider the Five Year Plan and perspective plans prepared by the Panchayats and the Municipalities and co-ordinate and prepare draft Five Year Plan and perspective development plan for the entire district ;

(c) to review and monitor the progress of District Annual Plan and suggest reappropriation of approved provision of the District Annual Plan in accordance with the guidelines issued by the State Government ;

(d) to recommend through the Chairperson the approved draft development plan to the State Government ; and

(e) to ensure compliance of the provisions of clause (3) of article 243-ZD of the Constitution.

Section 11.Constituting Executive Committees and Sub-Committees.

The State Government may constitute an Executive Committee and Sub-Committees, as may be necessary, for carrying out the purposes of this Act.

Section 12.Directives by State Government.

The State Government may issue directives, from time to time, to the District Planning Committees with regard to, the guidelines on functioning of, or resolution adopted by, the said Committees, or any matter that the State Government considers fit for taking up with the Committees. On receipt of the directions, the District Planning Committees shall comply with such directives.

Section 13.Power to make rules.

(1) The power to make rules under this Act shall be exercised by the State Government by notification in the Official Gazette.

(2) Without prejudice to any power to make rules contained elsewhere in this Act, the State Government may, make rules consistent with the provisions of this Act generally, to carry out the purposes of this Act.

(3) Every rule made under this Act shall be laid, as soon as may be, after it is made before each House of the State Legislature, while it is in session for a total period of thirty days, which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall, from the date of publication of such notification 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 committed to be done under that rule.

Section 14.Power to remove difficulties.

If any difficulty arises in giving effect to any of the provisions of this Act, the State Government may, as occasion arises, by order, do anything, not inconsistent with the objects and purposes of this Act, which appears to it to be necessary for the purpose of removing the difficulty :

Provided that, no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.