[07
November, 2013] This draft notification is
dated November 07, 2013, and published in the Gazette dated November 14, 2013.
Technically the notification can have objections till November 29, 2013. The draft of the Bangalore
Metropolitan Planning Committee Rules, 2013 which the Government of Karnataka
proposes to make in exercise of the powers conferred by section 503B read with
section 421 of the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14
of 1977), is hereby published as required by sub-section (1) of section 421 of
the said Act, for the information of the persons likely to be affected thereby
and notice is hereby given that the said draft will be taken into consideration
after fifteen days from the date of its publication in the official Gazette. Any objection or suggestion,
which may be received by the State Government from any person with respect to
said draft before the expiry of the period specified above, will be considered
by the State Government. Objections and suggestions may be addressed to the
Principal Secretary to Government, Department of Urban Development Department,
Vikasa Soudha, Bangalore-560001. DRAFT RULES (1)
These rules may be called the Bangalore
Metropolitan Planning Committee Rules, 2013. (2)
These rules extends to the Bangalore
Metropolitan Area. (3)
These rules shall come into force from the
date of their publication in the official Gazette. In these rules, unless the
context otherwise requires: (a)
?Act? means the Karnataka Municipal
Corporations Act, 1976 (Karnataka Act 14 of 1977); (b)
?Committee? means the Bangalore Metropolitan
Planning Committee constituted under rule 3 of these rules for the Bangalore Metropolitan
area. (1)
As soon as may after the declaration of the
Bangalore Metropolitan area, the Government may by notification constitute a
Bangalore Metropolitan Planning Committee for Bangalore metropolitan area. (2)
The committee so established under sub-rule
(1) shall consists of the following thirty members, namely:- (a)
Ten members nominated by the State
Government, namely:- (i)
The Chief Minister ? Member (ii)
The Minister for Urban Development ? Member (iii)
The Chairman, Bangalore Development Authority
(BDA) ? Member (iv)
The Principal Secretary to Government, Urban
Development ? Member (v)
one Representative of Government of India
(National Capital Region and Planning Board) ? Member (vi)
Commissioner, Bangalore Metropolitan Region
Development Authority, (BMRDA) ? Member (vii)
Chairman, Bangalore Water Supply and Sewerage
Board ? Member (viii)
Chairman, Bangalore Electricity Supply
Company ? Member (ix)
Secretary to Government Finance Department ?
Member (x)
Commissioner, Bangalore Development Authority
? Member Secretary (b)
Eighteen members of the committee shall be
elected by and from amongst the elected members of the Urban Local Authorities
Bruhat Bangalore Mahanagara Palike and Municipalities and 2 members elected by
and from amongst the Adyakshas and Upadyakshas of Zilla Panchayat, Taluk
Panchayat and Grama Panchyats within the metropolitan area. The election shall
be held by the Karnataka State Election Commission. (c)
Special Invitees: Two persons out of eminent
Economists and professional having experience in Town Planning nominated by the
State Government shall be special invitees. (d)
Permanent Invitees: All the members of the House
of the people and the State Legislative Assembly whose constituencies lie
within the Bangalore Metropolitan area and members of the Council of States and
the State Legislative council who are registered as electors in such area shall
be permanent invitees. (e)
Chairperson of the committee shall be chosen
among the members. (3)
The Commissioner of Bangalore Development
Authority (BDA) shall convene the meetings of the committee. (1)
The tenure of the elected member of Committee
shall run concurrently with that of Bruhat Bangalore Mahanagara Palike or
Municipality or Panchayat of which he is a member as the case may be; (2)
Casual vacancy in the Committee arising out
of death, resignation removal or otherwise, shall be filled in by election or
nomination within a period of six months from the date of occurrence of vacancy,
as the case may be, and any member elected or nominated to fill such a vacancy
shall hold office for the remainder period: Provided that when the
remainder period is less than six months, it shall not be necessary to hold any
election. (3)
An elected member may resign from a Committee
by writing under Resignation of the member his hand addressed to hold any
election. (1)
The committee shall meet as and when
necessary and at least once in three months or at such times and places as the
Chairperson may determine in this behalf and shall observe such procedure to
the transaction of its business at such meetings. (2)
If Chairperson of the Committee for any
reason is unable to act, members shall elect from amongst the other members a
chairperson who shall act as Chairperson for that meeting. (3)
The quorum necessary for the transaction of
business at a meeting shall be two third of the total members. (4)
All questions at any sitting of the committee
shall be determined by a majority of votes of the members present and voting.
In case of equality of votes on any question, the Chairperson shall have
casting vote. The State Government may, by
notification in the Official Gazette, remove from office a non-official member
of the Committee:- (a)
if he has any pecuniary interest in the
schemes or works included in the plans and schemes prepared by the urban local
authorities or rural local authorities in the Metropolitan area; (b)
if he is convicted for an offence involving
moral turpitude punishable under the provisions of any law for the time being
in force; or if he, upon the trial of election petition, is found guilty of
corrupt practice. The Bangalore Development
Authority shall provide Secretariat Assistant to the Committee the Bangalore
Development Authority may appoint such number of other officers and employees
including experts for technical, work as may be necessary, for the efficient
performance of its functions and may determine their designations and grades. The committee may constitute
the sub-committees for such purpose as it may think fit, sub committees
consisting wholly of members of the committee or wholly of other persons or
partly of members of the committee and partly of other persons as it may
consider necessary or expedient. (1)
The committee shall perform such functions
relating to planning and co-ordination for the Bangalore Metropolitan area as
the Government may, by notification, assign to it. (2)
?The
committee shall, in preparing the draft development plan,- (a)
have regard to,- (i)
the plans prepared by the local Authorities
in the Metropolitan area; (ii)
matters of common interest between the urban
local authorities and the rural local authorities, including co-ordinated
spatial planning of the area, sharing of water and other physical natural
resources, the integrated development of infrastructure and environmental
conservation; (iii)
the overall objectives and priorities set by
the Government of India and the State Government; (iv)
the extent and nature of investments likely
to be made in the Metropolitan area by agencies of the Government of India and
of the State Government and other available resources, whether financial or
otherwise; (v)
Consult such Institutions and Organizations
as the Government may specify by, Order. (b)
Also indicate policies, strategies and
priorities and major projects for a plan period of twenty-five years having due
regard to,- (i)
Physical and natural resource potentials and
their utilisation; (ii)
Natural Hazard prone areas; (iii)
Poverty alleviation and employment in both
formal and informal sectors; (iv)
Development of trade, commerce and industry; (v)
Rural development; (vi)
Metropolitan area level transportation system
including mass transport; (vii)
Integrated infrastructure development
covering water, energy, sanitation, education, health, recreation,
communication and other utilities facilities and Services; (viii)
Housing and Shelter development programme; (ix)
Population assignment and settlement pattern
of rural service centres as well as small, medium and large urban centres and
their functional specialisation; (x)
Protection of environmentally and ecologically
sensitive areas and conservation of heritage; (xi)
Generalised Land use; (xii)
Fiscal resource requirements and its
mobilisation including the extent and nature of investments likely to be made
in the metropolitan area by agencies of the Government of India and the State
Government; (xiii)
Development of special areas, if any, such as
new towns, industrial townships, coastal areas, etc; (xiv) Phasing
of the metropolitan area perspective plan in periods of five years preferably
co-terminus with the state five year plan; and (xv)
Any other particulars and details as may be
considered necessary by the committee and as may be directed by the Government. Formulate metropolitan area
draft development plan within one year from the date of constitution of the
committee having regard or under preparation under sub-rule (2) of rule 9 and
development goals, objectives and priorities for the plan period as well as the
fiscal resources and central and state Government investment policies and
programmes incorporating,- (1)
all or any matters mentioned in sub-rule (2)
or rule 9; (2)
phasing of the metropolitan area development
plan into five annual plans by sectoral programmes, projects and schemes
indicating physical targets and fiscal requirements; and (3)
any other particulars and details as may be
considered necessary by the committee or as may be directed by the Government. (a)
Prepare metropolitan area annual plan within
the framework of approved metropolitan area development plan having regard to
findings of review of fiscal and physical performance of the previous annual
plan. (b)
Consult such institutions and organizations
as the Chamber of Commerce and Industry, non-Governmental organizations?
including professional bodies as, Institute of Town Planers of India in the
formulation of metropolitan area plans as the Government may determine in this
behalf; (c)
Monitor the physical achievements of the
investments made by the various planning and development authorities on annual
basis and submission of report thereon to the Government; (d)
Resolve conflicts arising out of overlapping
functions of planning and development authorities and rural local bodies: (e)
Advise the local authorities on their
up-gradation of status and alteration of boundaries; (f)
Sort-out matters relating to sharing of water
and other physical and natural resources; (g)
Formulate policies and identify projects for
integrated development of metropolitan area level infrastructure and facilitate
their implementation through public or private agencies; (h)
Serve as a nodal agency for disbursement of
such funds as the Government may determine, to the local planning and
development authorities; and (i)
Perform any other incidental, supplemental
and consequential function or as prescribed or as may be directed by the
Government or as may be necessary and required for the purposes of carrying out
its functions under these rules. (4)
The Member Secretary of the Committee shall forward
the draft development plan, as recommended by the committee, to the Government. (5)
The Committee shall have powers to formulate
guide lines for preparation of draft plan, which shall be followed by the local
authorities while formulating their own plans. (6)
The accounts of all receipts and expenditure
of the Committee for the purpose of conduct of meetings and discharge of their
function shall be governed by Financial Code and other related Rules. (1)
The committee shall prepare a metropolitan
area draft development plan for a period of five year preferably coterminous
with the State Five Year Plan, and a report thereon and shall publish the same
by a notice in at least one local newspaper indicating the place or places
where the metropolitan area development plan shall be available for inspection
by the public inviting objections and suggestions in writing from any person in
respect of the said plan within a period of thirty days from the date of
publication of the aforesaid notice. (2)
Simultaneously with the publication of notice
under sub-rule (1), the committee shall appoint a Hearing Committee consisting
of not more than five of its members including the metropolitan planning member,
who will give hearing to all such persons who have made a request in writing
for being so heard and submit their report to the metropolitan planning
committee within a period of sixty days from the date of expiry of notice under
sub-rule (1). (3)
The committee shall, within thirty days from
the date of receipt of the report of the Hearing Committee under sub-rule (2)
resolve to effect such modifications, as may be considered necessary, and
thereafter the Metropolitan Area draft Development Plan together with the
objectives received under sub-rule (2) and the report of the Hearing Committee
under sub-rule (2) shall be submitted to the Director of Town and Country
Planning, Bangalore Metropolitan Region Development Authority and the
Government. (4)
The Government shall, within sixty days of
the receipt of the Metropolitan Area draft Development Plan under sub-rule (3)
in consultation with the Director of Town and Country Planning approve the same
with or without modifications. (5)
As soon as may be, but not later than thirty
days, after the draft development plan of the metropolitan area has been
approved by the Government, the committee shall publish a notifications in
Official Gazette and in atleast two local newspapers, stating that the
Development Plan of the metropolitan area has been approved and mentioning the
place or places where a copy of the metropolitan area development plan may be
inspected at reasonable hours and that copies thereof or an extract therefrom
certified to be correct shall be available for sale to the public at a
reasonable price. (6)
The metropolitan area development plan shall
come into operation from the date of its publication in the Official Gazette.
Simultaneously with the publication of metropolitan area development plan in
the Official Gazette under sub-rule (5), the committee shall forward a copy
thereof to each of the concerned planning and development authorities and the
local authorities at the district level falling within the metropolitan area, who
shall take necessary steps to obtain such sums of money as allocated to them
under Central or state sector through the process of formulation of annual
plans schemes and projects within the framework of the approved metro politan
area development plan Immediately after the expiry
of three years from the date of approval of the metropolitan area, development
plan under sub-rule (4) of rule 11, but not later than one year the metropolitan
planning committee shall review such plan and prepare a fresh metropolitan area
development plan for the next five years commencing from the date of expiry of
such plan in force after incorporating such modifications and amendments, as
may be considered necessary and submit it for approval as laid down in rule-11. (1)
Notwithstanding anything contained in rule 12
development plan of a metropolitan area may be modified at any time and for
this propose, the committee shall publish a draft of the proposed modifications
by a notice in at least one local newspaper inviting objections and suggestion
from the public within thirty days from the date of the aforesaid publication
of the notice, and after giving an opportunity of hearing to such persons who
have made request of being heard and after considering such objections and suggestions
finalise the modifications and submit the modifications together with the
objection and report of the hearing committee to the Board or the Government,
as the case may be. (2)
The Government, as the case may be. may
approve the modifications with or without variations or refuse to approve the
modifications by a notification in the Official Gazette and publish in atleast
one local newspaper. Provided that no such
modifications shall, as proposed be approved by the board or the Government as
the case may be, unless they are in public interest and are notified to the
public. (3)
The Government may, from time to time issue
such directions to the committee as it may deem fit, for giving effect to the
provisions of this rules and it shall be the duty of the committee to comply
with such directions. (4)
If any doubt arises on any point of procedure
or otherwise the Chairperson may, if he thinks fit refer the point to the State
Government whose decision shall be final.Bangalore Metropolitan
Planning Committee Rules, 2013