Chapter IV Declaration of Planning areas and constitution of Planning and Development Authorities

1. (1) The Government may, by notification declare any area to be a planning area for the purposes of this Act, and on such declaration, this Act shall apply to such area: Provided that no cantonment area or part thereof shall be included in a planning area.
2. (2) Every notification issued under sub-section (1) shall define the limits of the area to which the notification relates.
3. (3) The Government may, after consultation with the Board, amalgamate two or more planning areas into one planning area or sub-divide a planning area into different planning areas and may include any such sub-divided area or areas in any other planning area.
4. (4) The Government may, by notification, direct that all or any of the rules, regulations, bye-laws, notifications, orders, directions and powers made, issued or conferred and in force in any planning area at the time of amalgamation, sub-division or inclusion under sub-section (3) shall apply to the planning area or areas as so amalgamated or sub-divided or included, with such exceptions, adaptation or modifications as may be specified in the notification, and thereupon such rules, regulations, bye-laws, orders, directions and powers shall apply to such planning area or areas without further publication.
5. (5) Where planning areas are amalgamated or sub-divided, or such sub-divided areas are included in any other planning area, the Government shall, after consulting the Board, the Planning and Development Authority or Authorities concerned, frame a scheme determining the portion or portions of the balance of the fund of the Planning and Development Authorities or Authority which shall vest in the Planning and Development Authority or Authorities concerned and the manner in which the properties and liabilities of the Planning and Development Authority or Authorities shall be apportioned amongst them and on the scheme being notified in the Official Gazette, the fund, property and liabilities shall vest and be apportioned accordingly.

1. (1) The Government may, if it is of opinion that it is necessary so to do in the public interest by notification, withdraw from the operation of this Act the whole or part of any planning area.
2. (2) When a notification is issued under sub-section (1) in respect of any planning area or part thereof —
   • (i) this Act and all rules, regulations, bye-laws, notifications, orders, directions and powers made, issued or conferred under this Act, shall cease to apply to the said area or part and the Planning and Development Authority, if any constituted, under this Act shall cease to have jurisdiction in respect of the said area or part, as the case may be; but where any Planning and Development Authority has been constituted exclusively for such area or part, such Authority shall, on the date of the notification stand dissolved;
   • (ii) the Government shall, after consulting the Board, the Planning and Development Authority and the local authority or authorities concerned, frame a scheme determining the portion or portions of the balance of the fund of the Planning and Development Authority concerned which shall vest in the Government and in the local authority or authorities concerned, and the manner in which the properties and liabilities of the Planning and Development Authority shall be apportioned between the Government and such local authority or authorities, and on the scheme being notified in the Official Gazette, the fund, property and liabilities of the Planning and Development Authority shall vest and be apportioned accordingly. 54[(3) Notwithstanding anything contained in this Act,—
   • (i) where the whole or part of any planning area is withdrawn from the operation of this Act, the Outline Development Plan which was in force in such planning area on the date of its withdrawal shall remain in force till such date the said area continues to be non-planning area;
   • (ii) Where any area is declared to be a planning area under section 18, till such date the Outline Development Plan is prepared and published under section 37 in respect of such area, all development works in such area shall conform to the regional plan.]

1. (1) As soon as may be, after the declaration of the planning area, the Government, in consultation with the Board, may, by notification, constitute in respect of that area an authority to be called the “Planning and Development Authority” of that area for the purpose of performing the functions assigned to Planning and Development Authorities under this Act.
2. (2) Every Planning and Development 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 movable and immovable, and to contract, and shall by the said name sue and be sued.
3. (3) Every Planning and Development Authority constituted under sub-section (1) shall consist of the following members, namely:—
   • (i) a Chairman to be appointed by the Government;
   • (ii) a Town Planning Officer to be appointed by the Government in consultation with the 55[Chief Town Planner (Planning)] who shall be the Member Secretary of the Planning and Development Authority; 56[(iia) All the Members of Legislative Assembly representing a planning area;]
   • (iii) representatives of local authorities, to be composed as follows:—
   • (a) in the case of a planning area in which only one local authority has jurisdiction, a representative nominated by that local authority from among its members and the Chief Executive Officer of that local authority;
   • (b) in the case of a planning area in which two or more local authorities have jurisdiction, representatives of such local authorities as the Government may consider necessary to be represented, 57[ ];
     • (iv) such number of other members, not exceeding 58[five], appointed by the Government, who, in the opinion of the Government, have special knowledge of, or practical experience in, matters relating to town and country planning, architecture, engineering, transport, industry, commerce and agriculture.
4. (4) The Government may, if it thinks fit, appoint one of the members of the Planning and Development Authority as its Vice-Chairman.
5. (5) The Government may, in consultation with the Board, appoint any local authority as the Planning and Development Authority for the area comprised within the local limits of the jurisdiction of such local authority and for such other contiguous or adjacent area or areas as the Government may declare as a planning area under section 18.
6. (6) Where a local authority is appointed as a Planning and Development Authority under sub-section (5), the provisions of sub-section (3) of this section and sections 21, 23 and 25 shall not apply, and the provisions of the Act by which such local authority is constituted shall continue to apply to it in respect of matters covered by the aforesaid sections.
7. (7) A local authority appointed as a Planning and Development Authority under sub-section (5) shall, for the purpose of performing the functions of a Planning and Development Authority under this Act, constitute a Planning Committee consisting of the following members, namely:—
   • (i) a Chairman;
   • (ii) the Town Planning Officer, who shall be the Member Secretary to the Committee; and
   • (iii) five other members, two of whom shall be appointed by the Government in consultation with the Board.
8. (8) Every Planning Committee constituted by a local authority under sub-section (7) shall have the same status and powers of a Standing Committee appointed by the local authority by the Act under which such local authority is constituted and the terms and conditions of the members of the Committee shall be such as may be prescribed.

1. (1) The term of office and the conditions of service of the Chairman and members of a Planning and Development Authority (other than the Town Planning Officer) shall be such as may be prescribed.
2. (2) The Chairman or any member of a Planning and Development Authority (other than the Town Planning Officer) may resign his office by giving notice in writing to the Government and on such resignation being accepted, he shall cease to be such Chairman or member.
3. (3) Any vacancy in the membership of a Planning and Development Authority shall be filled by fresh appointment by the Government or by nomination by the local authority concerned, as the case may be, provided that the member appointed or nominated shall hold office only for so long as the member in whose place he is appointed or nominated would have held office if the vacancy had not occurred.

Subject to the provisions of this Act and the rules framed thereunder and subject to any directions which the Government may give, the functions of every Planning and Development Authority shall be—

1. (a) to prepare an Existing Land Use Map;
2. (b) to prepare an Outline Development Plan;
3. (c) to prepare a Comprehensive Development Plan;
4. (d) to prepare and prescribe uses of land within its area; and
5. (e) to prepare schemes of development and undertake their implementation, and for these purposes, it may carry out or cause to be carried out, surveys of the planning area and prepare report or reports of such surveys, and to perform such other functions as may be prescribed.

1. (1) Every Planning and Development Authority shall meet at such times and at such places, and shall subject to the provisions of sub-sections (2), (3) and (4), observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed.
2. (2) The Chairman, or in his absence, the Vice-Chairman, if any, or in the absence of the Chairman and Vice-Chairman, any member chosen by the members present from amongst themselves, shall preside at a meeting of the Planning and Development Authority.
3. (3) All questions at a meeting of the Planning and Development 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 presiding shall have a second or casting vote.
4. (4) Minutes of the proceedings at each meeting, including the names of the members present, shall be kept in a book to be kept for this purpose and such minutes 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.

1. (1) A Planning and Development Authority may associate with itself in such manner and for such purposes as may be prescribed, any person whose assistance or advice it may consider necessary in performing any of its functions under this Act.
2. (2) Any person associated with it by a Planning and Development Authority under sub-section (1) for any purpose shall have a right to take part in the meetings of the Planning and Development Authority relevant to that purpose but shall not have a right to vote.

1. (1) Subject to such control and restrictions as may be prescribed, a Planning and Development Authority may appoint such number of officers and staff as may be necessary for the efficient performance of its functions and may determine their designation and grades.
2. (2) The officers and staff of a Planning and Development Authority shall be entitled to receive such salaries and allowances as may be fixed by it and shall be governed by such terms and conditions of service as may be prescribed.