TAMIL NADU METROPOLITAN PLANNING COMMITTEE
ACT, 2009 THE TAMIL NADU
METROPOLITAN PLANNING COMMITTEE ACT, 2009[1] [Act No. 30 of 2009] An Act to provide for
the constitution of Metropolitan Planning Committee in every Metropolitan area
in the State of Tamil Nadu for preparation of draft development plan for the
Metropolitan area. Be
it enacted by the Legislative Assembly of the State of Tamil Nadu in the
Sixtieth Year of the Republic of India as follows:-- (1) This Act may be called the Tamil Nadu Metropolitan
Planning Committee Act, 2009. (2) It extends to the whole of the State of Tamil Nadu. (3) It shall come into force on such date as the State
Government may, by notification, appoint. In
this Act, unless the context otherwise requires,-- (a) "Constitution " means the Constitution of
India; (b) "district" means a revenue district of
the State of Tamil Nadu; (c) "Government" means the State Government; (d) "Metropolitan area " means an area having
a population of ten lakhs or more, comprised in one or more Districts and
consisting of two or more municipalities of panchayats or other contiguous
areas, as may be specified by the Government by notification to be a
Metropolitan area for the purposes of this Act; (e) "municipality" means an institution of
self-government constituted under Article 243-Q of the Constitution; (f) "panchayat" means a panchayat constituted
under Article 243-B of the Constitution; (g) "population" means the population as
ascertained at the last preceding census of which the relevant figures have
been published. (1) There shall be constituted in every Metropolitan
area a Metropolitan Planning Committee (hereinafter referred to as the
committee) consisting of such number of members, including a Chairperson and a
Vice-Chairperson, as the Government may determine, to prepare a draft
development plan for the Metropolitan area as a whole: Provided
that not less than two-thirds of the members of the committee shall be elected
by, and from amongst, the elected members of the municipalities and Presidents
of the panchayats in the Metropolitan area in proportion to the ratio between
the population of the municipalities and of the panchayats in that area. (2) The representation in the committee of the
Government of India and the State Government, and of such organizations and
institutions as may be deemed necessary for carrying out the functions assigned
to the committee shall be such as may be notified by the Government from time
to time. (3) The committee shall perform such functions relating
to planning and co-ordination for the Metropolitan area as the Government may,
by notification, assign to it. (4) The committee shall, in preparing the draft
development plan,-- (a) have regard to-- (i)
the
plans prepared by the Municipalities and the panchayats in the Metropolitan
area; (ii)
matters
of common interest between the Municipalities and the panchayats, 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; (b) consult such institutions and organizations as the
Government may, by order, specify. (5) The Chairperson of every committee shall forward
the development plan, as recommended by the committee, to the Government. (1) The Chairperson, Vice-Chairperson and other
members, not being elected members, of every committee shall be appointed by
the Government. (2) The term of office and other conditions of service
of the Chairperson, Vice-Chairperson, and other members, not being elected
members, of the committee shall be such as may be prescribed. (3) Any vacancy in the office of the Chairperson,
Vice-Chairperson, or any other member, not being an elected member, of the
committee shall be filled by fresh appointment by the Government. The
manner of election of members of the committee and all matters related thereto
shall be such as may be prescribed. The
elected members of the committee shall hold office for a term of five years
from the date of their election, and shall receive such allowance for attending
the meeting of the committee or any sub-committee thereof as may be prescribed: Provided
that every such member shall, on his ceasing to be an elected member of a
municipality or President of a panchayat, as the case may be, cease to be a
member of the committee not with standing that the term of five years has not
expired, and the vacancy shall be filled by election in the manner prescribed. No
act or proceeding of the committee shall be invalid or called in question by
reason of any vacancy, initial or subsequent, in, or defect in the constitution
of, the committee. (1) The committee shall meet at such places and at such
times, and shall observe such Rules of procedure in regard to the transaction
of business at its meeting (including the quorum for a meeting), as may be
prescribed. (2) The Chairperson or, if, for any reason, he is
unable to attend any meeting, the Vice-Chairperson or, if, for any reason, both
are unable to attend any meeting, any other member elected by the members
present, shall preside at the meeting. (1) The committee may constitute, for such purpose as
it may think fit, as many 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. (2) The members of a sub-committee, not being members
of the committee, shall be paid such fees and allowances for attending the
meetings thereof as may be prescribed. If
any difficulty arises in giving effect to the provisions of this Act, the
Government may by order published in the Tamil Nadu Government Gazette, make
such provisions, not inconsistent with the provisions of this Act, as appear to
them to be necessary or expedient for removing the difficulties: Provided
that no order shall be made after the expiry of a period of two years from the
date of commencement of this Act. 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 Act and it shall be
the duty of the committee to comply with such directions. Notwithstanding
anything contained in this Act or any other law for time being in force, the
Government may, by notification, appoint any authority constituted under
Section 11, including the Metropolitan Development Authority established under
Section 9-A of the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu
Act 35 of 1972), to assist the Metropolitan Planning Committee in preparation
of draft development plan and the authority so appointed shall also act as the
office of the Metropolitan Planning Committee. (1) The Government may make Rules for carrying out all
or any of the purposes of this Act. (2) (a) All Rules made under this Act shall be
published in the Tamil Nadu Government Gazette and unless they are expressed to
come into force on a particular day, shall come into force on the day on which
they are so published. (b) ???All
notifications issued under this Act shall be published in the Tamil Nadu
Government Gazette and unless they are expressed to come into force on a
particular day, shall come into force on the day on which they are so
published. (3) Every Rule, notification or order made or issued
under this Act shall as soon as possible, after it is made or issued, be placed
on the table of the Legislative Assembly, and if, before the expiry of the
session in which it is so placed or in the next session, the Legislative
Assembly makes any modification in any such Rule, notification or order, or the
Legislative Assembly decides that the Rule, notification or order should not be
made or issued, the Rule, notification or order shall, thereafter have effect
only in such modified form or be of no effect, as the case may be, so, however,
that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that Rule, notification or order. (1) In Section 3 of the Chennai City Municipal
Corporation Act, 1919 (Tamil Nadu Act IV of 1999) (hereafter referred to as the
1919 Act), Clause (13-AA) shall be omitted. (2) Section 27-B of the 1919 Act shall be omitted. [1] Received the Assent of the Governor of
Tamil Nadu on August 12, 2009 -- Published in Tamil Nadu Government Gazette,
Extraordinary, Part IV, Section 2, Iss. No.211, page 118-120, dated August 17,
2009.
Preamble - THE TAMIL NADU METROPOLITAN
PLANNING COMMITTEE ACT, 2009PREAMBLE