section 13
Further
The Arunachal Pradesh Urban and Country Planning Act, 2007tle State Urban and Country Planning Board may authorize the Dilector ofTown Planning / ChiefTown Plarurer, for execution ofcertain functions on behalf of the State Urban and Country Plaruing Board as requted in the Act. The Director ofTown Planning/ ChiefTown Plarmer appointed under this Act shall possess such educational qualifications from any institution as recognized by the Institute of Town Planner, India. (1) Subject to the provisions ofthis Act, and the rules fi:amed there under, the functions ofthe State Urban ard Country Planning Board shall be to guids, direct, and assist the Local Planning Authorities to frame policies in matten relating to Plaffing, Development and use ofrural and urban land in the State, and to
perform such other functions as the State Government may, from time to time, assign to the State Urbar and Country Planning Board : (2) In panicular and without prejudice to the generality of the foregoing provisions, the Stat€ Urban and Country Planning Board may, ifrequired by the State Government- (a) direct the Local Planning Authorities/ Sub-Divisional Planning Authoriries as the case may be for the preparation of Development Plan; (b) undertake, assist and encourage the colleclion, maintenalce, and publication of statistics, bulletins and monographs on planning and its methodology;
- (c) prepare and fumish reports relating to the working of this Act;
- (d) perform any other function which is supplemental, incidental or consequential to any of the functions aforesaid or which may be prescribed. (3) The State Urban and Country Planning Board may exercise all such powers as may be necessary or expedient for the purposes of carrying out its functions under this Act. (4) For carryi-ng out the purposes ofthis Act, the State Urban and Country Planning Board on behalf of the State Govemment tkough the Secretary, shall supervise, guide and direct the Local Planning Authorities/ Sub-Divisional Ptanning Authorities as and when need arises. 5. (1) The term of office and conditiors of service of the Chairman and other memberc of the Statc Urban and Country Plarming Board shall be such as may be prescriM; and they shall be entitled to receive such salaries with allowances or honoradrun or both as may be fixed by the State Government from time to time . (2) The State Govemment may, if it thinks fit, terminate the appointrnent ofChairman or any members ofthe State U6an and Country Planning Board at any time. Term ofoffice and conditions of service of Chairman and members of State Urban and Country Plaruring Board Meetings of the State Ulbar and Country Plandng Board. (3) The Chairman or any member may resign his membership of the State Urban and Country Plaming Board by giving notice in writing to the State Governrnent, and on such resignation being accepted by the state Govemment he shall cease to be a member of the State Urban and Counfy Plaming Board. (4) Any vacancy so created shall be filled by fresh appointnent by the State Government. ( I ) The State Urban and Country Planning Board shall convene meeting once in every six months and preferably twice in a year at such times and places and shall, subject to provisions of sub-section (2) and (3) below, observe the procedure as may be prescribed in regard lo the transaction ofits business at such meeting. (2) The Chairman or in his absence the Vice-Chairman if any, or in the absence of Chairman and or the Vice Chairman, any member chosen by the members from amongst themselves, shall preside at a meeti[g of the State Urban and Country Planning Board. (3) All questions, at a meeting of the State Urban and Country Planning Board, shall be decided by a majority ofthe votes ofthe members present and voting and in the case of equality of votes; the person presiding shall have a second or casting vot€. (4) Minutes shall be kept ofthe names ofthe members present and of the proceedings at each meeting in a book to be kept for this purpose, which shall be signed at the next ensuing meeting by the person presiding at such meeting, and shall be open to inspection, by any member during office hours. '7 2l CII,\PI ER
- • III Declaration of Locll Planning Areas, their amalgamation, sub-division, inclusion of any area front Local Planning Area (1) The State Govemment/ State Urban and Country Planning Board may, by notification declare any area in the State to be a Local Planning Area which may be comprised of one or more districts for the purposes of this Act, and on such declaration this Act shall apply to such area provided that no military cantonment or part ofa military cantoDment shall be included in any such area. (2) Every such notification shall define the limits ofthe area to which it relates. (3) The State GovemmenV State Urban and Country Planaing Board may amalgamate two or more Planning areas into one Local Planning Area, sub- divide a Local Planning area into different Local Planning areas, and include such divided areas in any other Local Plaming area. (4) Ths State Govemment/ State Urban and Country Plaming Board may by notification dfect that all or any ofthe rules, regulations, orders, directions and powers made, issued, conferred and in force in any other Local Planning Area at the time, with such exceptions and adaptations and modifications as may be considered necessary by the State CovemmenV State Urban and Country Planning Board, shall apply to the area under this section and such rules, regulations, byeJaws, orders, directions and powers shall fonhwith apply to such Local Plarming Area without further publication. (5) When Locat PlanningAreas are amalgamated or sub- divided, or such sub- divided area are included ir othrr Local Planning Areas, the State Covemment / State Urban and Country Planning Board shall, after consulting, the Local Planning Autho ties, ftame a scheme determining what portion of the balance of the fund of the I-ocal Plaming Authority shall vest Local Planning Areas & Local Planning Authoriry 8. (l) (2) )2 in the Planning Authority or Authorities concemed and in what manner the properties and liabilities of the Local P lanning Authoriry or Authorities shalI be apportioned amongst them and on the scheme being notified the fund, property and liabilities shall vest and be apponioned accordingly. The State Govemment/ State U6an and Country Planning Board may, by notification withdraw from the operation ofthis Act, the whole or a part of any Local Planning Area declared there under. When a notification is issued under this section in respect ofany Local Planning Area : Power to withdraw Local Planning area from operation ofthis Act : Local Plarmiag I Authoriry. (i) ThisAct and all notifications, rules, regulations, orders, directions and powers issued, made or conferred under this Act, shall aease to apply to the said area : (ii) The State Govemment shall, after consulting the Board and Local Planning Authority or Authoriri€s concerned, frame a scheme determining what portion ofthe balance ofthe fund ofthe Local P lanning Authority shall vest in the State Government, and the Local Authority orAuthorities concemed and in what manner the properties and liabilities ofthe Local Planning Authorities shall be apportioned between the Stat€ Govemment, and the Local Autho ty or Authorities and on the scheme being notihed the fund, property and liabilities ofthe Local Planning Authority shall v€st and be apportioned accordingly. (1) As soon as may be, after declaration of a Local Planning Area, the State Government in consultation with the Board, shall by notification in the Ofhcial Gazette constitute for the purposes ofthe performance ofthe fi.mctions assigned to it, an Authority to be called the Local Planning Authority ofthat area, havingjurisdiction over that area having adequate representatives &om Local Bodies. (2) Every Local Plarning Authority shall be body corporate by the name aforesaid having perpetual succession and a common seal with there to acqu e, hold and dispose ofproperty both moveable and irnmovable and to confact and shall by the said name sue and be sued. (3) The State Governrnent, may by notification in the Official Gazette constitute the Local Plannirg Authority with Chairman, Vice- Chairman and Members as deemed fit tom time to time under this section. (4) The Assistant Town Planaer, Town Planning shall be the Member Secretary to the Local Planning Authority till a Towr Planner is appointed and posted to discharge the duties and responsibilities of the Member Secretary of a Local Planning Authority. The Town Planning/ Assistant Towrt Plarner appointed under this Act shall possess such educational qualifications from any rDstrtution as recognized by the Institute of Town Planner, India. (5) The Local Ptanning Authority may, ifneed be felt, constitute a Sub-Divisional Planning Authority , with prior approval of the State Urban and Country Planning Board to discharge the power and functions of Local Planning Authority in the Sub-Divisional level, subject to following conditions- (i) The Local Planning Authority corcemed may, ifit thinks fit, ovemrle the decisions ofSub. Divisional Ptanning Au&ority and exercise its power and functions to discharge the duties assigned to it under this Act. (ii) The Local Planning Authority may, if it is of the opinion that the continued existence of Sub-Divisional Planning Authority is not necessary, may recommend dissolution of the Sub- Divisional Ptanning Authority to the State Termof office 10. and conditions of service of the members of Local Ptanning Authority. Functions and ll powers of the Local Plaming Authority. Meeting of I-ocal Planning Authorities Urban and Country Planning Board. The State Urban and Country Planning Board shall dissolve such Sub-Divis ional Planning Authority. (6) The Chairman Ar'ice Chairman and members of Sub-Divisional Plaming Authority shall be entitled to receive such allowances as may be fl\ed by the State Government. (7) All other rules which is applicable to the Local Planning Authority shall also be applicable to the Sub-DivisionaI Plandng Authoriry The term of office and conditions of service of the Chairman and Members of the Local Planning Authorities shall be such as will be prescribed and they shall be entitled to receive such allowances as may be fixed by the State Government as deemed necessary from time to time. Subject to the provisions ofthis Act, the rules framed there under and any directions which the State Coverrunent/ State Urban and Country Plaruring Board may give, the functions of every Local Planning Authority shall be, and it shall have power to prepare- (a) a existing Land UseMap- (b) a interim Development Plan- (c) a comprehensive Development Plan- (d) to prescribe uses of land within ils area and for these purposes it may carry out or cause to be ca[ied out surveys of its plandng area and to prepare report or reports of such surveys; and to perform any other function which is supplemental, incidental orconsequential to any ofthe functions aforesaid or which may by prescribed. (l) Each Local Ptanning Authority shall meet oncein every 3 (Three) months or quarterly in a year, at such times and places and shall, subject to the provisions of sub-sections (2) and (3), observe such procedure in regard to the transaction of business at its meetings as may be prescribed by regulations. t2 (2) (3) (4) 13. (l) (2) The Chairman or in his absence. the Vice-Chairman ifany or in the absence ofthe Chairman and of the Vice-Chairman, any member chosen by the members from amongst themselves, shall preside at a meeting ofthe Local Plaruring Authoriry All questions at a meeting of the Local Planning Authority shall be decided by a majority of the votes of the members present and voting, and in the case of an equality of votes, the person presidhg shall have a second or castirg vote. Minutes shall be kept ofthe names ofthe members present and ofthe proceedings at each meeting in a book to be kept for this purpose, which shall be signed at the next ensuing meeting by the person presiding at such meeting, and shall be open to inspection, by any member during office hours. The State Urban and Country Planning Board and Local Planning Authority may associate with itself in such manner and for such and for purposes as may be prescribed by rules any person/officers from !'arious Dspartrnents ofthe State Govemment, whose assistance or advice it may desire in performing any is functions under this Act . In the event of non- availability of requisite experts/professionals &om the various Government Departments, the .State Urban and Country Planning Board and Local Plaruing Authority may hire Professionals/Firms/ experts in tle Field from outside for specific purpose or outsource as deemed necessary from nme o time with such remuneration and allowances as mav be fixed by the Board. Any person associated with it by the Local Plarufng Authority under sub-section - (l) for any purpose shall have a right to take part in the discussions of the Local Planaing Authority relevaDt to that pupose but shall not have a right to vote at a meeting and shall not be a member for any other purpose. Temporary association of persons with State Urban and Country Planning Board the Local and Planning Authority for particular purposes. Staffofthe Local Planning Authority. Preparation of present Land use map and register. Notice of the preparation of the map and register (3) 14. (l) (2) The Officers as mentioned in the sub-section (l), on requisition oftheir sen ices by the State Urban and Country Planning Board and Local Planning Authority, shall oomply forthwith such requisition orders without fail. Subject to prior approval of the State Urban and Country Planning Board and such control and restdctions as may be prescribed by rules, any Local Plarming Authority may appoint such number of officers and employees or may engage State Govemment Officials/O ffrcers as may be necessary for the efficient performance of its functions and may determine their designations and grades/ salaries, allowances and honorarium etc. The Officers and employees ofthe Local Plannirg Authority shall be entitled to receive such salaries and allowances and honorarium to the State Government Officials/Ofiicers if engaged pardy as maybe lxed by the Local Planning Authority and shall be govemed by such terms and conditions of service as may be determined by rules and regulations made in this behalf. CHAPTER-IV Presenl Land Use Map
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