Whereas the Uttar Pradesh Metropolitan
Planning Committee (Regulation of Procedure and Execution of its Functions)
Rules 2007, was published in Government Notification No. 1024/IX-9-2007-195
Dwi.Ra.Vi.Ayo-04, dated April 2, 2007 for inviting objections and suggestions
as required under sub-section (2) of Section 540 of the Uttar Pradesh Municipal
Corporation Act, 1959 (U.P. Act No. 2 of 1959). And whereas objections and suggestions
received in this regard have been considered by the State Government and the
suggestions which were considered necessary have been incorporated in the
proposed rules. Now, therefore, in exercise of the powers
under Section 57-A of the Uttar Pradesh Municipal Corporation Act, 1959 (U.P.
Act No. 2 of 1959), the Governor is pleased to make the following rules with a
view to constituting a Metropolitan Planning Committee and regulating its
procedure and execution of its functions in every metropolitan area in the
State. (1)
These
rules may be called the Uttar Pradesh Metropolitan Planning Committee
(Regulation of Procedure and Execution of its Functions) Rules, 2011. (2)
They
shall apply to every metropolitan area as the State Government may from time to
time, by notification in the Gazette specify in this behalf. (3)
They
shall come into force with effect from the date of their publication in the
Gazette. (1)
In
these rules, unless there is anything repugnant in the subject or context (a)
'Act'
means the Uttar Pradesh Municipal Corporation Act, 1959; (b)
'Urban
Local Body' means a Municipal Corporation, Municipal Board or a Nagar Panchayat
in Uttar Pradesh; (c)
'Metropolitan
Area' means an area as defined in clause (c) of Article 243(P) of the
Constitution; (d)
'Committee'
means the Metropolitan Planning Committee constituted under the provisions of
Section 57-A of the Act; (e)
'Chairperson'
means the Chairperson of a Committee elected under these rules; (f)
'Member'
means a member of the Committee elected and nominated under sub-section (3) of
Section 57-A of the Act; (g)
'Panchayat'
means a Panchayat constituted under Article 243-B of the Constitution; (h)
Words
and impressions not defined but defined in the Act, shall have the meanings
assigned to them in the Act. There shall be constituted in every
Metropolitan area, a Committee to be known as the Metropolitan Planning
Committee, to prepare a draft development plan for the Metropolitan area as a
whole. (1)
Every
Committee shall consist of such number of members as may be notified by the
State Government: Provided that the number of members shall not
be less than twenty-one and not more than thirty. (2)
Out
of the total number of members two-third of the members shall be elected by,
and from amongst, the elected members of urban local bodies and Chairpersons of
the Panchayats in the Metropolitan area in proportion to the ratio between the
population of urban local bodies and the Panchayats in that area, and (3)
(a)
One-third of the members shall be nominated by the State Government from
amongst (i)
an
officer, not below the rank of Deputy Secretary to the Central Government in
the Ministry of Urban Development. (ii)
an
officer, not below the rank of the Joint Secretary to the State Government in
the Urban Development Department. (iii)
an
officer, not below the rank of Joint Secretary to the State Government in the
Forest Department. (iv)
an
officer not below the rank of Joint Secretary to the State Government in the
Housing and Urban Planning Department. (v)
an
officer not below the rank of Joint Secretary to the State Government in the
Transport Department. (vi)
the
Chief Town and Country Planner, Uttar Pradesh. (vii)
the
Director Environment, Uttar Pradesh. (viii)
the
Managing Director of Jal Nigam established under the Uttar Pradesh Water Supply
and Sewerage Act, 1975. (ix)
the
District Magistrate of the districts falling within the limit of the Metropolitan
area. (x)
the
General Manager of Jal Sansthan. (xi)
a
Superintending Engineer of Public Works Department. (xii)
a
Superintending Engineer of Uttar Pradesh Power Corporation Limited. (xiii)
the
Director, Local Bodies, U.P. (xiv)
the
Vice-Chairman of Development Authority in the Municipal Area. (xv)
the
Commissioner, U.P. Awas Vikas Parishad. (b) The office bearers mentioned below may be
nominated as special invitees (i)
the
Mayor of the Municipal Corporation; (ii)
the
President of the Municipal Councils and Nagar Panchayats falling within the limit
of Metropolitan Area; (iii)
the
Commissioner of the Division; (iv)
the
Managing Director, State Road Transport Corporation; (v)
the
Divisional Railway Manager; (vi)
and
such other officers, to whom the Metropolitan Planning Committee may think
proper to invite for their valuable suggestions and functions. (4)
The
elected members of the Metropolitan Planning Committee referred to in sub-rule
(2) shall cease to hold office as soon as he ceases to hold the office by
virtue of which he became such member. (5)
A
member referred to in clause (II) of sub-rule (3) shall be nominated on the
recommendation of the Secretary to the Government of India in the Urban
Development Department. (6)
No
member of the Committee shall nominate any person as his representative to
attend a meeting of the Committee on his behalf. (7)
If
the office of an elected member of the Committee falls vacant owing to his
death, resignation or otherwise, the vacancy shall be filled for the residue of
his term in the manner provided under sub-rule (2). (1)
Chairperson
of the Committee shall be chosen out of the elected members under sub-rule (2)
of Rule 4 by the members of the Committee in its first meeting by way of secret
ballot. (2)
The
term of office of the Chairperson shall be five years from the date of choosing
or the residue of his term of office as a member of urban local body or a
Chairperson of Panchayat, whichever is less. (3)
In
the absence of Chairperson, the member chosen by the members present in the
meeting shall preside over the meeting. (4)
The
Municipal Commissioner of the Corporation situated in the Metropolitan Area
shall be the member-secretary of the Committee. (5)
The
Secretary shall be responsible for maintaining records of the Committee,
preparing minutes of meetings of the Committee and communication of decisions
and all other incidental or ancillary matters and shall make available to the
Committee such assistance as may be necessary for the discharge of its
functions.UTTAR
PRADESH METROPOLITAN PLANNING COMMITTEE (REGULATION OF PROCEDURE AND EXECUTION
OF ITS FUNCTIONS) RULES, 2011
PREAMBLE