Chapter III PLANNING COMMITTEE

Establishment of the Planning Committee.- For the purpose of this Act, the State Government shall, by notification in the Official Gazette, establish the Planning Committee for such area as may be specified in the notification issued under section 3 of this Act.

Constitution of Planning Committee.- The Committee shall consist of the following members, namely:

1. (a) The elected representative to the State Legislature for the Assembly Constituency within which the planning area or region shall be the Chairman of the Committee; Provided that if such planning area or region spans more than one Assembly Constituency, the State Government shall appoint the Chairperson from amongst the elected representatives of the State Legislature for the Assembly Constituency.
2. (b) Deputy Commissioner concerned may be appointed as the Vice-Chairman: Provided that, in cases where the planning area or region spans two or more districts, the State Government shall appoint anyone of the Deputy Commissioners as Vice Chairperson.
3. (c) Chief Town & Country Planner or any officer appointed by him or her as Member Secretary of the Committee.
4. (d) Other members not exceeding fifteen to be appointed by the State Government having special knowledge on matters specified below: -
   • • Persons from Finance, Engineering, Planning & Health matters;
   • • Persons from any other concerned departments;
   • • Elected representative from the members of the Village Councils AND/OR the Municipalities in the area or region in proportion with the ratio between Urban and Rural population in the area or region.
5. (e) The Chairman shall preside over the meeting and in his absence the Vice-Chairman, shall preside over the meetings of the Planning Committee constituted under clause (a).

Meetings of the Planning Committee.-

1. (1) The Committee shall meet at such times and places and observe such rules of procedure in regard to the transaction of its business at such meetings as may be provided by the regulations.
2. (2) No meeting of the Committee shall be held without the presence of at least the Chairman or Vice Chairman.
3. (3) All questions at a meeting of the Committee shall be decided by a majority of votes of the members present voting and in the case of equality of votes, the members presiding shall have a second or casting vote.

Powers and functions of the Planning Committee.-

1. (1) Subject to the provisions of this Act and the rules made thereunder, the objects of the Committee shall be to promote economic growth of regions, mediate for the protection of environment and heritage and secure the development of urban and rural areas in the planning area or region and all matters connected therewith or incidental thereto;
2. (2) In particular, and without prejudice to the generality of the foregoing provisions, the Committee may-
   • (a) Facilitate the preparation and enforcement of any plan to be made under the provisions of this Act in relation to economic growth and submit to the Government for approval and enforcement;
   • (b) to oversee the preparation and implementation of various Town Planning Schemes including State Capital Development and its Regional Plans, re-development in such areas or regions as may be approved by the State Government;
   • (c) guide, direct and assist the local authority and other statutory authorities in matters pertaining to planned development;
   • (d) exercise such other powers and perform such other functions as are supplemental, incidental, or consequential to any of the foregoing powers and functions or as may be directed by the State Government;
   • (e) undertake the implementation and execution of Development Plan or Town Planning Scheme or the Local Area Plan as may be approved by the State Government;
   • (f) to determine policies, principles, standards, guidelines, and procedures to make and implement the Development Plan or the Town Planning Scheme or the Local Area Plan and thereof, itself adopt them and issue directions to the Town Planning Committee or any other Authority or person for adoption;
   • (g) control the development activities in accordance with the Development Plan or the Town Planning Scheme or the Local Area Plan;
   • (h) to formulate schemes for environmental improvement of slum, environment planning and assess environment impact, coordinate with various environmental schemes and to undertake development in such areas or regions;
     • (i) to prepare scheme for improvement of bad sanitation sites, unsound buildings, narrow streets and to undertake development in such areas or regions as may be approved by the Government;
   • (j) to cause the clearance of improvement of slum and shanty areas and undertake development of such areas or regions;
   • (k) to exercise all such powers as may be necessary or expedient for the purpose of carrying out its functions under this Act;
   • (l) to carry out works and surveys within planning areas or regions to prepare Regional Development Plan.
3. (3) The Committee as the case maybe, in preparing the Development Plan or the Town Planning Scheme or any other plan made under this Act have regard to-
   • (i) the Plans prepared by the Municipalities and the Local Council/ Village Councils including Spatial Planning of the area, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservations;
   • (ii) the overall objectives and priorities set by the Government of India and the State Government;

Competent Planning Authorities.-

1. (1) Where a municipal body is not in place within the notified planning area or planning region, development plan, town planning schemes, local area or functional plans for such planning areas or planning regions shall be prepared by or caused to be prepared by the Chief Town & Country Planner or any official authorized by him or her.
2. (2) Where a Municipal body, such as a Municipal Corporation, Council or a Board is present within the notified planning area or region, the Commissioner or Executive Officer, through the Town Planner appointed by such Corporation, Council or Board may prepare development plan, town planning schemes, local area or functional plans upon direction from the state government. Provided that such functions shall be discharged in accordance with the provisions of sections 330 through 344 of the Mizoram Municipalities Act, 2007: Provided further that where urban development region has been notified under section 340 of Mizoram Municipal Act, 2007, the Board of Councilors shall be deemed as equivalent to the Planning Committee.
3. (3) Where a Municipal body, such as a Municipal Corporation, Council or a Board is present within the notified planning area or region, the State Government through the Chief Town Planner may prepare the development plan, town planning schemes, local area or functional plans for the Municipal Corporation, Council or Board, if necessary.

Plans to be prepared by the Competent Planning Authorities.-

1. (1) The Competent Planning Authorities shall be obligated to prepare the following plans;-
   • (a) Development Plan, in accordance with section 11 to section 20 of this Act;
   • (b) Town Planning Schemes, in accordance with section 21 to section 34 of this Act;
   • (c) Local Area Plans, in accordance with section 36 to section 49 of this Act;
   • (d) Functional Plans, as may be directed by the State Government from time to time, such as Comprehensive Mobility Plans or any plans for implementation of infrastructure or basic services in accordance with any other plan made under the provisions of this Act.
   • (e) Action Plans, which may be adopted by competent planning or local authorities to implement plans made under the provisions of this Act or as may be directed by the State Government.
2. (2) Plans shall remain in force until replaced with another plan or withdrawn by the State Government.