Amendment of Section 38

In Section 38 of the Principal Act, with effect from 1st day of November, 2000,- (a) for sub-section (1), the following shall be deemed to have been substituted, namely:- "(1) The State Government may, by notification, establish a Town and Country Development Authority by such name and for such area as may be specified in the notification and the said authority shall be deemed to be Local Authority under this Act." (b) after sub-section (1), the following shall be deemed to have been inserted, namely:- "(1-A) The State Government may, instead of constituting a Town and Country Development Authority under sub-section (1), designate any local authority as stated in sub-clause (i), (ii), and (iii) of clause (k) of section 2 already functioning in such area, as may be specified in the notification and perform the functions assigned to the Town and Country Development Authority under this Act. (1-B) The local authority designated under sub-section (1-A) as the Town and Country Development Authority, shall perform the functions assigned to the Town and Country Development Authority under this Act and for performing the said functions, shall set up a planning committee consisting of the following members, namely:- (i) six elected members of the local authority designated under sub-section (1-A), out of whom one shall be designated as chairman; (ii) one person having specialized knowledge in the field of planning; (iii) one official of the State Government to be nominated by the State Government, ex-officio; (iv) chief officer or, as the case may be, secretary of the local authority designated under sub-section (1-A); (v) chairman of the committee constituted under the Chhattisgarh Zila Yojana Samiti Adhiniyam, 1995 (No. 19 of 1995): Provided that in case the local authority designated under sub-section (1-A) does not set up the planning committee within the period of three months from the date on which it is required to set up such committee, then, the State Government shall appoint such committee. (1-C) The Planning Committee set up under sub-section (1-B) shall have all the powers, responsibilities and status as are given to a standing committee, or as the case may be executive committee, if any, appointed under the Act under which the local authority is constituted." (c) for sub-section (2), the following shall be deemed to have been substituted, namely:- "(2) The duty to prepare one or more town development scheme and execute the said scheme, and development of land for the purpose of expansion or improvement of the area specified in the notification under sub-section (1) shall subject to provisions of this Act vest in the Town and Country Development Authority establish for the said area."