Chapter II ESTABLISHMENT OF TRIPURA URBAN PLANNING AND DEVELOPMENT

As soon as may be, after the commencement of this Act, the State Government shall by notification in the Official Gazette, establish for the purposes of carrying out of the functions assign to it under this Act, a Board to be called the Tripura Urban Planning and Development Board.

i. Tripura Urban Planning and Development Board established under Section 3 shall consist of a Chairman, Vice-chairman, a Member Secretary and the following other members, namely- a. Not more than six(6) ex-officio members to be appointed by the State Government from among the Secretaries and other Officers of the State Government specifically from Urban Development, Revenue, Power, Drinking Water Supply, PWD and other relevant departments. b. Not more than three (3) non-official members to be nominated by the State Government from amongst the persons having special knowledge or experience in matters relating to Regional Planning, Town Planning, Development and related areas or elected representatives including Mayor/Chairperson of the urban local bodies. ii. The Chief Minister, Tripura shall be the ex-officio Chairman of the Board. iii. The Chief Secretary, Tripura shall be the ex-officio Vice Chairman of the Board. Provided that if Minister-in-charge of Urban Development Department is different from the Chief Minister, he will be Vice Chairman and the Chief Secretary will be member of the Board. iv. Commissioner of the Tripura Urban Planning and Development Authority shall be the ex-officio Member Secretary of the Board. Provided that Mayor/Chairperson of the urban local bodies concerned shall be invited in meeting when their matter is under consideration.

i. A person shall be disqualified for being nominated as and for being a member of the Board, if he- a. Has been convicted by a criminal court at any time for an offence involving moral turpitude, heinous crimes unless such conviction has been set aside; b. Is an undischarged insolvent; c. Is of unsound mind and declared so by the competent Court of law. ii. If any question, dispute or doubt arises as to whether or not any person is eligible for membership of the Board or has incurred any of the disqualifications specified under sub-section (i) whether before or after becoming a member, it shall be determined by the State Government whose decision shall be final and binding.

If a member of the Board nominated under clause (b) of sub-section (i) of Section 4- a. Becomes subject to any disqualification referred to in section 5; or b. Absent himself, without permission of the Chairman from three consecutive meetings of the Board, the State Government shall declare his office to be vacant.

If the State Government is of opinion that any member nominated under clause (b) of sub-section (i) of Section 4 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 that he should for any other good and sufficient reason be removed the State Government may, after giving the member an opportunity of showing cause against his removal, remove him from office.

Any member nominated under clause (b) of sub-section (i) of Section 4 may resign from the membership of the Board by giving notice in writing to the State Government and on such resignation being accepted by the State Government, he shall cease to be a member of Board.

In the event of a vacancy in the office of any member nominated under clause (a) or (b) of sub-section (i) of section 4, the vacancy shall be filed by the State Government in the manner laid down in the aforesaid clause (a) or clause (b), as the case may be.

The Board shall have its Headquarter at such as may be notified by the State Government from time to time.

i. The Board shall meet at such times and places as the Chairman may determine and shall, subject to the provisions of sub-section (2) and (3), observe such procedure in regard to the transaction of business at its meetings as may be laid down by it in the regulations. ii. All questions at a meeting of the Board shall be decided, by a majority of the votes of the members present and voting and in case if equality of votes, the person presiding shall have a casting vote. iii. One third members shall form quorum at a meeting of the Board: a. Provided that if a meeting is adjourned for want of quorum, no quorum shall be necessary at the next meeting for transacting the same business; b. Provided further that a notice of the adjourned meeting shall be sent to all the members of the Board. iv. Minutes of the names of the members present and the proceedings at each meeting shall be kept in a book to be maintained for this purpose which, shall be signed at the next ensuring meeting by the person presiding at such meeting. v. A copy of the proceedings of every meeting of the Board shall be sent by the Member-Secretary of the Board to the State Government within fifteen days after the meeting is held. vi. No acts done or proceedings taken under the Act by the Board shall be invalid merely on the ground of existence of any vacancy amongst its members, or by reason of defect or irregularity in its constitution or any irregularity in procedure not affecting the merits of the case.

The Member-Secretary of the Board shall arrange for transaction of business of the Board, authenticate orders and decisions of the Board and discharge such other functions of the Board as may be assigned to him by the Board under its regulations.

The State Government on the request of the Board may make available to the Board such staff as may be necessary for the performance of functions conferred on the Board under this Act.

Subject to the provisions of the Act and rules framed there under, the functions of the Board shall be to advise the State Government on the matters relating to the Planning, Development and use of Urban and notified lands in the State and to perform such other functions as the State Government from time to time assign to it.

i. The Board may associate with itself in such manner and for such purpose as may be prescribed any person whose assistance or advice it may require in performing any of its functions under this Act; ii. Any person associated with it by the Board under sub-section (i) for any purpose shall have a right to take part in the discussion of the Board relevant to that purpose but shall not have a right to vote at a meeting. iv. The Minister-in-Charge of Urban Development and the Secretary to the Government of Tripura, holding the charge of Urban Development shall, respectively, be the Chairman and the Vice-Chairman of the Authority.

Subject to any rules in this behalf, the Board may from time to time appoint one or more Committees for the purpose of securing efficient discharge of its functions.