Chapter III DECLARATION OF PLANNING AREAS AND CONSTITUTION OF PLANNING AUTHORITIES

Declaration of Planning Areas.-(1) The Government may, for the purpose of securing planned development of regions or areas within the State, on advice of the Board, declare by notification, and in such other manner as may be prescribed, any such region or area or regions or areas, including a Metropolitan Area or area for development of new towns in the State to be a Planning Area, by whatsoever name known for the purposes of this Act.

1. (2) Every such notification shall precisely define the limits of such Planning Area.
2. (3) The Government may declare, with reference to a Planning Area, its surrounding area, defined clearly and unambiguously, as its Peripheral Area. Provided that extension to such area shall not exceed one km from any point at its boundary.
3. (4) The Government may, after consultation with the Board and the concerned Planning Authorities, amalgamate two or more Planning Areas into one Planning Area, sub-divide Planning Areas into different Planning Areas and include such sub-divided areas in any other Planning Area.
4. (5) The Government may, by notification, direct that all or any of the Rules, Regulations, orders, directions and powers made, issued, conferred and in force in any other Planning Area at the time, with such exceptions, adaptations and modifications, as may be considered necessary by the Government, shall apply to the area declared as amalgamated with or included in a Planning Area under this Section and such Rules, Regulations, bye-laws, orders, directions and powers shall forthwith apply to such Planning Area without further publication.
5. (6) When Planning Areas are amalgamated or sub-divided or such sub-divided areas are included in other Planning Areas, the Government shall, after consultation with the Board, frame a scheme determining what portion of the balance of the funds shall vest in the Planning Authority
   • (ies) concerned and in what manner the properties and liabilities of the Planning Authority
   • (ies) shall be apportioned amongst them and on the scheme being notified, the fund, property and liabilities shall vest and be apportioned accordingly.
6. (7) On or after the date of such notification of declaration of the Planning Area as well as Peripheral Area, the Government may impose such restrictions and conditions for transaction or any use of land in any part lying within these areas for such period as it considers necessary for preparation and implementation of the Development Plan in the manner prescribed.

Power to Withdraw Planning Area from operation of this Act.-(1) The Government may, by notification, withdraw from the operation of any of the provisions of this Act, the whole or a part of any Planning Area declared.

1. (2) When a notification is issued under this section in respect of any Planning Area hereunder:
   • (a) The relevant provisions of this Act and all notifications, rules and regulations, orders, directions and powers issued, made or conferred hereunder shall, cease to apply to the said area.
   • (b) The Government shall, after consulting the Board and the Local Authority
   • (ies) concerned, frame a scheme determining the portion of the balance of the fund of the Planning Authority that shall vest in the Government and the Local Authority
   • (ies) concerned and in what manner the properties and liabilities of the Planning Authority shall be apportioned between the Government and the Local Authority
   • (ies) and on the scheme being notified, the fund, property and liabilities of the Planning Authority shall vest and be apportioned accordingly.

Constitution of Planning Authority.-(1) Any time after the declaration of a Planning Area under Section-9, the Government shall, by notification, constitute an authority for such area to be called the Planning Authority of that Planning Area and it shall be known by such name as the Government may determine.

1. (2) Every Planning Authority constituted under sub-section (1) shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both moveable and immovable, to contract, and by the said name sue and be sued.
2. (3) A Planning Authority shall consist of a Chairman and such members including executive officers and local revenue officers as may be prescribed by the Rules.
3. (4) The Planning Authority may, with the approval of the Government, delegate any of its functions to the Local Authority
   • (ies) within its jurisdiction.
4. (5) The Planning Authority shall have its office at such place as the Government may specify in this behalf.
5. (6) The Planning Authority may set up such committees as it considers necessary for performance of any of the functions assigned to it or prescribed.

Terms of Office.-(1) The term of office and conditions of service of the members of Planning Authority other than the ex-officio members shall be such as may be prescribed and the members shall be entitled to receive such remuneration or allowances or both as the Government may by order determine.

1. (2) If the Government is of the opinion that any member of a Planning Authority is guilty of misconduct in the discharge of his duties or is incompetent or has become incapable of performing his duties as such member, or should for any other good and sufficient reasons, be removed, the Government may, after giving him an opportunity to be heard, remove him from office.
2. (3) Any member of a Planning Authority other than an ex-officio member may at any time resign by writing under his hand addressed to the Government or the authority in the manner prescribed and upon the acceptance thereof, the office of such member shall become vacant.
3. (4) In the event of a vacancy occurring in the office of any member of a Planning Authority, the vacancy may be filled up by nomination or appointment, as the case may be, and the person so nominated or appointed shall hold office for so long as the member in whose place he is nominated or appointed would have held office, if the vacancy had not occurred.

Meetings of the Planning Authority.-A Planning Authority shall meet at such time and place and shall conduct its business in the manner as prescribed.

Staff of the Planning Authorities.-(1) Subject to the prior approval by the Board or the Government, as the case may be, a Planning Authority may appoint such number of officers and other employees as it considers necessary for the efficient performance of its functions under this Act and may determine their designations and grades.

1. (2) The officers and employees appointed under sub-section (1) shall be entitled to receive such salaries or allowances and shall be governed by such terms and conditions of service, as may be prescribed by the Rules.
2. (3) The member Secretary of the Planning Authority and the officers and employees of that authority shall work under the supervision and control of its Chairman.

Power to Designate a Local Authority as Planning Authority.-(1) The Government may, instead of constituting a Planning Authority for a Planning Area, designate any Local Authority functioning in a Planning Area or part thereof, as the Planning Authority for that Planning Area.

1. (2) The Local Authority designated under sub-section (1) as the Planning Authority may, for the purposes of performing the functions assigned to Planning Authority under this Act, set up such committees which it considers necessary in the manner as prescribed.

Functions and Powers of the Planning Authorities.-(1) Subject to the provisions of this Act, a Planning Authority shall carry out such functions and exercise such powers as may be prescribed by the Rules.

1. (2) For the performance of its functions mentioned in sub-section (1), a Planning Authority may carry out or cause to be carried out surveys of its Planning Area and to prepare report or reports of such surveys, and to perform any other function which is supplemental, incidental, or consequential to any of the functions which may be prescribed. (3)
   • (a) A Planning Authority may, with the previous sanction of the Government, associate with itself such persons whose assistance or advice it may desire for the purpose of performing any of its functions under this Act and such persons may be paid by the Planning Authority such remuneration or fees as may be sanctioned by the Government.
   • (b) The person so assisting or advising the Planning Authority may take part in the meetings of the authority relevant to the purpose for which he is associated or consulted but shall not have the right to vote at a meeting or take part in the meeting of the authority relating to matters concerned with any other purpose.
   • (c) The Planning Authority may consult the offices of Revenue Department for performance of its functioning.

Expenses of Planning Authority.-(1) The Government may, by an order in writing, determine the part of expenses incurred by a Planning Authority in discharge of its functions which a Local Authority

1. (ies) functioning in the Planning Area shall pay as contribution, either in one lump sum or in installments specified in the order, and the part of expenses to be paid by the government.

1. (2) The Local Authority shall, not later than thirty days of the receipt of the order under sub-section (1), pay to the Planning Authority concerned the amount of contribution specified in the order in the manner indicated therein and if the Local Authority fails to so pay such amount, the State Government may, on receipt of necessary intimation from the Planning Authority, pay it to the Planning Authority and recover it from the Local Authority in the manner prescribed.