The Tripura Town and Country Planning Act, 1975
Chapter III PLANNING AREAS AND PLANNING AUTHORITIES
Infrastructure197573 sections10 chapters
Chapter III PLANNING AREAS AND PLANNING AUTHORITIES
7. Declaration of planning areas, their amalgamation sub-divisions and inclusion of any area from the planning area
Statutory text
- (1) The State Government may, by notification, declare any area in the State of Tripura 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 military cantonment or part of a military cantonment shall be included in any such area.
- (2) Every such notification shall define the limits of the area to which it relates.
- (3) The State Government may, after consultation with the Board, amalgamate two or more planning area into one planning area, sub-divide a planning area into different planning areas, and include such divided area in any other planning area.
- (4) The State Government may, by notification, direct that all or any of the rules, regulations, order, direction and power respectively made, issued, conferred and in force in any other planning area at the time, with such exceptions and adaptations and modifications as may be considered necessary by the State Government, shall apply to the area declared as, amalgamated with or included in, a planning area under this section and such rules, regulation, bye-laws, orders, direction and power shall forthwith apply to such planning area without further publication.
- (5) When planning areas are amalgamated or sub-divided, such sub-divided areas are included in other planning areas, the State Government shall, after consulting the Board and the planning authority or authorities concern, frame a scheme determining what portion of the balance of the fund of the planning authority shall vest in the planning authority or authorities concerned and in what manner the properties and liabilities of the planning authority or authorities shal be apportioned amongst them and on the scheme being notified, the fund, property and liabilities shall vest and be apportioned accordingly.
Chapter III PLANNING AREAS AND PLANNING AUTHORITIES
8. Power to withdraw a local planning area from operation of this Act
Statutory text
- (1) The State Government may, be notification in the Official Gazette, withdraw from the operation of this Act the whole or a part of any planning area declared thereunder.
- (2) When a notification is issued under this section in respect of any planning area--
- (a) this Act and all notification, rules, regulation, orders direction and powers repectively issued, made or conferred under this Act shall cease to apply to the said area ;
- (b) the State Government shall, after consulting the Board and the local authority or authorities concerned, frame a scheme determining what portion of the balance of the fund of the planning authority shall vest in the State Government and the local authority or authorities concerned and in what manner the properties and liabilities of the planning authority shall be apportioned between the State Government and the local authority or authorities and on the scheme being notified the fund, property and liabilities of the planning authority shall vest and be apportioned accordingly.
Chapter III PLANNING AREAS AND PLANNING AUTHORITIES
9. Planning authority
Statutory text
- (1) As soon as may be, after declaration of a planning area, the State Government, in consultation with the Board, shall, by notification in the Official Gazette, constitute for the purposes of the performance of the functions assigned to it, an authority to be called the planning authority of that area, having jurisdiction over that area.
- (2) Every planning authority shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power to acquire, held and dispose of property both movable and immovable and to contract and shall by the said name sue and be sued.
- (3) Every planning authority except those constituted under sub-section
- (5) shall consist of the following members:-
- (a) a chairman ;
- (b) a town planning officer who shall be member-secretary to the planning authority ;
- (c) representatives of local bodies composed as below :
- (i) in the case of a planning area having only one local body within its jurisdiction, a representative nominated by that local body and the chief executive officer of that local body;
- (ii) in the case of a planning area having two or more local bodies within its jurisdiction, five representatives of such local bodies as the State Government may consider necessary to be represented, nominated by the concerned local bodies, provided that the total number of such representatives does not exceed five;
- (d) three other members, to be appointed by the State Government.
- (4) The State Government may, if it thinks fit, appoint one of the members as vice-chairman of the planning authority.
- (5) The State Government may, in consultation with the Board, appoint a local authority as the planning authority for the area of that local authority and for such other contiguous or adjacent or areas as the State Government may declare as the planning area under section 7.
- (6) In case where a local authority is appointed as a planning authority the provisions of sub-section
- (3) of section 9, section 10, section 12, section 14 shall not apply but the provisions of this Act under which the local authority is constituted shall continue to apply to in respect of matters covered by these sections.
- (7) The local authority for the purpose of performing the functions of a planning authority specified under this Act shall set up a planning committee composed as under -
- (a) a chairman ;
- (b) a town planning officer, who shall also be the member-secretary to the committee ;
- (c) five other members two of whom shall be appointed by the State Government.
- (8) Such a committee appointed by the local authority shall have all the powers, responsibilities and status as are given to a standing committee appointed under this Act under which the local authority is set up.
Chapter III PLANNING AREAS AND PLANNING AUTHORITIES
10. Term of office and conditions of service of the Chairman and Members of Planning Authority
Statutory text
- (1) The term of office and conditions of service of the chairman and members of the planning authorities shall be such as may be prescribed by the rules and they shall be entitled to receive such salaries or allowances as may be fixed by the State Government.
- (2) Members of planning authorities, except those nominated by local bodies as provided in clause
- (c) of sub-section
- (3) of section 9, shall hold office at the pleasure of the State Government.
- (3) The chairman or any member except those nominated by the local bodies as provided in clause
- (c) of sub-section
- (3) of section 9 may resign his membership of the planning authority by giving notice in writing to the State Government and on such resignation being accepted he shall cease to be a member of that planning authority.
- (4) Any vacancies created in respect of clauses (a),
- (b) and
- (d) of sub-section
- (3) of section 9 shall be filled by fresh appointment by the State Government.
- (5) Representatives of local bodies shall, subject to the provisions of sub-section
- (3) of section 9, be filled by fresh appointment by the State Government.
Chapter III PLANNING AREAS AND PLANNING AUTHORITIES
11. Functions and powers of the planning authority
Statutory text
Subject to the provisions of this Act, the rules framed thereunder and any directions which the State Government may give, the functions of every planning authority shall be, and it shall have power to -
- (a) prepare and execute a master-plan ;
- (b) prepare a present Land Use Map ;
- (c) prepare an Outline Development Plan ;
- (d) prepare a Comprehensive Development Plan ;
- (e) Prescribe uses of land within its area ; and for these purposes it may carry out or cause to be carried out surveys of its planning area and to prepare report or reports on such surveys : and to perform any other function which is supplemental, incidental or consequential to any of the functions aforesaid or which may be prescribed.
Chapter III PLANNING AREAS AND PLANNING AUTHORITIES
12. Meetings of Planning Authorities
Statutory text
- (1) Each planning authority shall meet 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.
- (2) The chairman, or in his absence, the vice-chairman if any, or in the absence of the chairman and of the vice-chairman, any member chosen by the members from amongst themselves, shall preside at a meeting of the planning authority.
- (3) All questions at a meeting of the 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 presiding shall have a second or casting vote.
- (4) Minutes shall be kept of the names of the members present and of the proceedings at each meeting in a book to be kept for this purpose, which shall be singned at the next ensuing meeting by the person presiding at such meeting, and shall be open to inspection by any member during office hours.
Chapter III PLANNING AREAS AND PLANNING AUTHORITIES
13. Temporary association of persons with planning authority for particular purposes
Statutory text
- (1) The planning authority may associate with itself in such manner and for such purposes as may be prescribed by rules any person whose assistance or advice it may desire in performing any of its functions under this Act.
- (2) Any person associated with the planning authority under sub-section
- (1) for any purpose shall have a right to take part in the discussions of the planning authority relevant to that purpose but shall not have a right to vote at a meeting and shall not be member for any other purpose.
Chapter III PLANNING AREAS AND PLANNING AUTHORITIES
14. Staff of the Planning Authority
Statutory text
- (1) Subject to such control and restrictions as may be prescribed by rules, a planning authority may appoint such number of officers and employees as may be necessary for the efficient performance of its functions and may determine their designations and grades.
- (2) The officers and employees of the planning authority shall be entitled to receive such salaries and allowances, if any, as may be fixed by the planning authority and shall be governed by such terms and conditions of service as may be determined by rules and regulations made in this behalf.
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