Chapter II Chapter II

(1) To implement and operate all schemes related to infrastructure development in Gairsain and Chaukhutia development blocks. (2) To implement Master/Zonal Plan for the planned development of the Council area. (3) To prepare various types of new schemes as necessary for the development of the Council area and ensure integrated development in a planned manner. (4) For the disposal of public grievances in the Council area, Council shall prepare an action plan and refer it to the Government with recommendations. (5) To provide proposals to the State Government for implementation of schemes sponsored by the Center/State Government in the development area. (6) To ensure arrangements for roads, electricity, sanitation, water conservation and other civic amenities and essential services in the Council area. Development plans will include water resources, land use, agricultural development, area development and other related subjects. (7) To review the proper utilization of the amount received from various funds for the development of the Council area. (8) Provision of an effective grievance redressal mechanism for public complaints of the Council area. (9) To make policies for the implementation of various development schemes of the State Government in view of the development of the area. (10) To identify the land owned by the State Government in the Council area and prepare a proposal for the acquisition of the said land and for the development of residential/commercial and infrastructure facilities on it. (11) To prepare a layout for controlling problems related to traffic, transport and pollution in the Council area. (12) Planning, implementation and monitoring of development plans for maximum utilization of natural resources for sustainable development in the Council area. (13) Planting of species of plants used as fodder and tree plantation in the area for the purpose of environmental protection so that land conservation and water conservation can be ensured. (14) To achieve the objectives of the Council, to receive financial assistance, compensation, grants and concessions from the Center or any other State Government or any other institution which is considered desirable by the Council, with the prior permission of the Government, and to establish coordination with the concerned institutions to obtain them and to use and comply with such arrangements. (15) Planning, implementation and monitoring of local employment-oriented schemes which include local farming/production and cottage industries. (16) Planning, implementation and monitoring of such other development-oriented schemes as are necessary for integrated development within the Council's area. (17) The Gairsain Development Council shall perform only the work related to infrastructure development and this does not interfere with the rights of Gram Panchayat, Nagar Panchayat, Kshetra Panchayat and Zila Panchayats, and there will be no interference of the Gairsain Development Council in the work performed by the above local bodies.

(1) The council shall consist of the following members :- (a) Chairman, Legislative Assembly or any person nominated by him - Chairman. Provided that Chairman, Legislative Assembly may delegate his power to the Vice Chairman, Legislative Assembly or any other member of the Legislative Assembly to pergorm the duties and functions of Chairman. (b) One member to be nominated by the State Government - Co- Chairman (c) Local Member of Legislative Assembly - Member (d) Principal Secretary/ Secretary to the Department of Finance of the Government of Uttarakhand, or the Additional Secretary to the Department of Finance - ex officio Member (e) Principal Secretary/ Secretary to the Public Works Department or the Additional Secretary to the Public Works Department. - ex officio Member (f) Principal Secretary/ Secretary to the Department of Peyjal or the Additional Secretary to the Department of Payjal - ex officio Member (g) Principal Secretary/ Secretary to the Department of Energy or the Additional Secretary to the Department of Energy. - ex officio Member (h) Principal Secretary/ Secretary to the Department of Irrigation or the Additional Secretary to the Department of Irrigation - ex officio Member (I) Principal Secretary/ Secretary to the Department of Housing or the Additional Secretary to the Department of Housing. - ex officio Member (j) District Magistrate, Chamoli - ex officio Member (k) The Chief/ Senior Town Planner of the Town and Country Planning Department - ex officio Member (l) Chairman, Nagar Panchyat, Gairsain - Member (m) Pramukh, Block Development, Gairsain - Member (n) Pramukh, Block Development, Chaukhutiya - Member (o) Ten magnanimous persons to be nominated by the State Government, who have special knowledge and experience in the field of planning, finance and accounts, public administration, social service, education, legal, technical education, industrial training, agriculture industry, health, urban planning, forestry, public works, employment, environment, or public grievance redressal. - Member (p) Chief Executive Officer - Member Secretary

(1) The term of the members of the Council, other than ex-officio members, shall be of three years. Whereas the term of the Local Member of Legislative Assembly, Chairman Nagar Panchyat and Pramukhs of Block Development shall be till the time they hold their said office. (2) If the Chairman/ Co-Chairman and non official member wants to resign from the membership of the Council, he shall address and forward his resignation to the State Government and on the acceptance of the same by the State Government, his post shall be treated as vacant from the date of acceptance of the resignation. (3) Chairman/Co-Chairman and non official member shall be provided such facilities which the State Government may prescribed. Members of the council as Ex-Officio shall not be provided additional facilities.

(1) The Member Secretary of the Council shall be the Chief Executive Officer of the Council who shall be a senior PCS officer. The power of withdrawal and distribution of funds on behalf of the Council shall be vested in the Chief Executive Officer. (2) The Finance Officer shall be appointed by the State Government from among the officers of the Finance Service. (3) The Finance Officer shall be responsible for the financial discipline and records of the Council. (4) To give effect to the provisions of this Act, the State Government may appoint any competent authority as per requirement. (5) For the smooth conduct of the Council's work, technical and non-technical officers/employees shall be appointed as per requirement with the permission of the Government in such a manner and with such powers, duties and terms of service as may be prescribed by the Government. Provided that until all the procedures related to the creation of posts, determination of qualifications, etc. for the organizational structure of the Council are completed, the Chief Development Officer, Pauri shall be the Chief Executive Officer and technical and non-technical officers/employees may be appointed on deputation for the work of the Council with the approval of the Chairman. The State Government may appoint a Competent Officer for effective implementation of the provisions of this Ordinance. Appointment of technical and non technical officers/employees with such powers and service conditions, necessarily required for the smooth working and operation of the Council, with prior approval of the State Government will be made by such procedure which the State Government may prescribe; Provided that till the exercise for creation of posts, eligibility requirement etc. for organizational structure is not completed, the Chief Development Officer – Chamoli will be the Chief Executive Officer of the Council and on the approval of Chairman the appointment of technical / non technical officers/ employees can be made on deputation for the execution of works of the Council.

(1) Minimum four Meetings shall be conducted by the Council in a year. Provided that the Meeting of the Council can be called with the permission of the Chairman as and when needed. (2) The Meeting shall be Chaired by the Chairman of the Council and in his absence by Co-Chairman. (3) For the meeting of the council minimum presence of one – third members of the council shall be necessary to complete the quorum. (4) All decisions in the meeting shall be taken with consensus, but in the absence of consensus amongst the members, determination of all the questions shall be made as per majority of the present members and voting members, except for the Chairman or any other person acting as Chairman; Provided the Chairman or any person acting as Chairman shall not vote in the first place, but in case of equal votes, he may use his voting right and his vote shall be the determinative vote. (5) The meeting of the council shall be called by the Member Secretary of the Council with prior approval of the Chairman at such place, date and time, as the Chairman may fix. (6) The works done in the previous year by the council shall be reviewed in the Annual General Meeting of the council, and future action plans will be determined. (7) The council may accord financial and administrative sanction for the construction of infrastructural facilities, expansion or other transformation as per requirement in the council extent area. The technical sanction shall required to be taken from the competent level as per the procedure determined by the State Government. (8) Except for the above, work of the council shall be conducted as per procedure, which the council by determine by regulation. (9) (i) Right to nominate and to terminate all semi- government and non-official members, except for the ex-officio members of the council, will be of the State Government and the decision of the State Government shall be final. (ii) Where the State Government is satisfied that the council is inefficient in execution of its works or has failed to perform its duties as allocated to it by this Act, or has encroached or misused its powers, the State Government may, by an order duly Notified in the Gazette may dissolve/ re-organize the council. On the Council having been dissolved, the State Government will be at liberty for carrying out the works and functions of the Council. All properties of the Council shall vest in the State Government.

(1) The Council shall have a General Fund which shall consist of: (2) Collection or grants received from the State Government on such terms as may be imposed. (3) Financial assistance, compensation or grants received from the Center or any other State Government or any other institution. (4) The Council shall have many other such funds as may be determined by the Government. (5) All financial powers to operate the Council's fund shall be vested in the Council.

(1) The Chief Executive Officer of the council shall prepare the financial assessment for the financial year as per procedure, which may be prescribed, and shall present the same in the meeting of the council. He shall, after the approval of the council, submit the financial assessment to the State Government for income and expenditure administration. (2) The State Government may approve the financial assessment with such alteration as it may deem fit and no other expenditure except approved in the financial assessment by the State Government, shall be incurred by the council

(1) Annual accounts of the council shall be prepared under the instructions of the Chief Executive Officer and a copy thereof shall be sent to the State Government. (2) The accounts of the council will be got examined from such examiner of accounts, who are approved by the council or the State Government. (3) The State Government as and when deems fit and necessary, may from time to time get the accounts of the council examined after the expenditures having been incurred by the council from the financial help/ grants accorded by the State Government, from such accounts examiners which it may determine.

The State Government may by notification in the Gazette make rules for carrying out the purposes of this ordinance.

The Council may with the previous approval of the State Government make regulations not inconsistent with this Act & rules made there under.