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NATIONAL CAPITAL REGION PLANNING BOARD ACT

Ministry of Law and Justice

Act nº 2 of 1985


  • Chapter I
  • Chapter II
  • Chapter III
  • Chapter IV
  • Chapter V
  • Chapter VI
  • Chapter VII
  • Schedules
  • Act nº 2 of 1985

Preamble

THE NATIONAL CAPITAL REGION PLANNING BOARD ACT, 1985

[Act, No. 2 of 1985]

[9th February, 1985]

PREAMBLE

An Act to provide for the constitution of a Planning Board for the preparation of a plan for the development of the National Capital Region and for co-ordinating and monitoring the implementation of such plan and for evolving harmonized policies for the control of land-uses and development of infrastructure in the National Capita) Region so as to avoid any haphazard development of that region and for matters connected therewith or incidental thereto.

Whereas it is expedient in the public interest to provide for the constitution of a Planning Board for the preparation of a plan for the development of the National Capital Region and for coordinating and monitoring the implementation of such plan and for evolving harmonized policies for the control of land uses and development of infrastructure in the National Capital Region so as to avoid any haphazard development thereof;

And whereas Parliament has no power to make laws for the States with respect of any of the matters aforesaid, except as provided in articles 249 and 250 of the Constitution;

And whereas in pursuance of the provisions of clause (1) of article 252 of the Constitution, resolutions have been passed by all the Houses of the Legislatures of the States of Haryana, Rajasthan and Uttar Pradesh to the effect that the matters aforesaid should be regulated in those States by Parliament by law;

BE it enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows :--

Chapter I

Section 1. Short title and commencement

(1) This Act may be called the National Capital Region Planning Board Act, 1985.

(2) It shall be deemed to have come into force on the 19th day of October, 1984.

Section 2. Definitions

In this Act, unless the context otherwise requires,--

(a) "Board" means the National Capital Region Planning Board constituted under sub-section (1) of section 3;

(b) "Committee" means the Planning Committee constituted under sub-section (1) of section 4;

(c) "counter-magnet area" means an urban area selected by the Board under clause (f) of section 8;

(d) "Functional Plan" means plan prepared to elaborate one or more elements of the Regional Plan;

(e) "land" includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth;

(f) "National Capital Region" means the areas specified in the Schedule:

Provided that the Central Government with the consent of the Government of the concerned participating State and in consultation with the Board, may; by notification in the Official Gazette, add any area to the Schedule or exclude any area therefrom;

(g) "participating States" means the States of Haryana, Rajasthan and Uttar Pradesh;

(h) "prescribed" means prescribed by rules made under this Act;

(i) "Project Plan" means a detailed plan prepared to implement one or more elements of the Regional Plan, Sub-Regional Plan or Functional Plan;

(j) "Regional Plan" means the plan prepared under this Act for the development of the National Capital Region and for the control of land-uses and the development of infrastructure in the National Capital Region;

(k) "regulations" means regulations made by the Board under this Act;

(l) "sub-region" means such part of the National Capital Region as falls entirely within the limits of a participating State or the Union territory;

(m) "Sub-Regional Plan" means a plan prepared for a sub-region; and

(n) "Union territory" means the Union territory of Delhi.

Chapter II

Section 3. Constitution and incorporation of the Board

(1) The Central Government shall by notification in the Official Gazette, constitute for the purposes of this Act, a Board, to be called the National Capital Region Planning Board.

(2) The Board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power subject to the provisions of this Act, to contract and shall, by the said name, sue and be sued.

(3) The Board shall consist of such number of members, not exceeding twentyone as may be prescribed, and unless the rules made in this behalf otherwise provide, the Board shall consist of the following members, namely:--

(a) the Union Minister for Work and Housing, who shall be the Chairman of the Board;

(b) the Chief Minister of the State of Haryana;

(c) the Chief Minister of the State of Rajasthan;

(d) the Chief Minister of the State of Uttar Pradesh;

(e) the Administrator of the Union territory;

(f) eight members, to be nominated by the Central Government, on the recommendation of the participating States and the Administrator of the Union territory;

Provided that not more than two members shall be nominated on the recommendation of a participating State, or, as the case may be, the Administrator of the Union territory;

(g) three other members, of whom one shall be a person having knowledge and experience in town planning to be nominated by the Central Government;

(h) a full time Member-Secretary of the Board to be nominated by the Central Government from amongst officers of, or above, the rank of a Joint Secretary to the Government of India:

Provided that no change shall be made in the composition of the Board by rules except with the consent of the Government of each of the participating States and of the Administrator of the Union territory.

(4) The terms and conditions of office of the members nominated under clause (f), clause (g) or clause (h) of sub-section (3) shall be such as may be prescribed.

Section 4. Composition of the Planning Committee

(1) The Board shall, as soon as may be, after the commencement of this Act, constitute a Committee, to be called the Planning Committee, for assisting the Board in the discharge of its functions.

(2) The Committee shall consist of such members as may be prescribed and unless the rules made in this behalf otherwise provide, the Committee shall consist of the following members namely:--

(a) the Member-Secretary to the Board, who shall be the ex officio Chairman of the Committee.

(b) the Joint Secretary to the Government of India in the Ministry of Works and Housing-in-charge of Housing and Urban Development ex officio;

(c) Secretary-in-charge of Urban Development in each participating State and the Union territory, ex officio;

(d) the Vice-Chairman, Delhi Development Authority, ex officio;

(e) the Chief Planner, Town and Country Planning Organisation, New Delhi, ex officio and

(f) the Chief Town Planner of each participating State, ex officio.

Section 5. Power to co-opt, etc

(1) The Board or the Committee may, at any time and for such period as it thinks fit, co-opt any person or persons as a member or members of the Board or of the Committee.

(2) A person co-opeted under sub-section (1) shall exercise and discharge all the powers and functions of a member of the Board or of the Committee, as the case may be but shall not be entitled to vote.

Section 6. Vacancies, etc. not to invalidate proceedings of the Board or the Committee

No act or proceeding of the Board of the Committee shall be invalid merely by reason of--

(a) the existence of any vacancy in, or any defect in the constitution of, the Board or the Committee; or

(b) any irregularity in the procedure of the Board of the Committee not affecting the merits of the case.

Chapter III

Section 7. Functions of the Board

The functions of the Board shall be--

(a) to prepare the Regional Plan and the Functional Plans;

(b) to arrange for the preparation of Sub-Regional Plans and Project Plans by each of the participating States and the Union territory;

(c) to co-ordinate the enforcement and implementation of the Regional Plan, Functional Plans, Sub-Regional Plans and Project Plans through the participating States and the Union territory;

(d) to ensure proper and systematic programming by the participating States and the Union territory in regard to project formulation determination of priorities in the National Capital Region or sub-regions and phasing of development of the National Capital Region in accordance with stages indicated in the Regional Plan;

(e) to arrange for, and oversee, the financing of selected development projects. In the National Capital Region through Central and State plan fund and other sources of revenue.

Section 8. Powers of the Board

The powers of the Board shall include the powers to--

(a) call for reports and information from the participating States and the Union territory with regard to preparation, enforcement and implementation of Functional Plans and Sub-Regional Plans;

(b) ensure that the preparation, enforcement and implementation of Functional Plan or Sub-Regional Plan, as the case may be, is in conformity with the Regional Plan;

(c) indicate the stages for the implementation of the Regional Plan;

(d) review the implementation of the Regional Plan, Functional Plan, Sub-Regional Plan and Project Plan;

(e) select and approve comprehensive projects, call for priority development and provide such assistance for the implementation of those projects as the Board may deem fit;

(f) select, in consultation with the State Government concerned, any urban area, outside the National Capital Region having regard to its location, population and potential for growth, which may be developed in order to achieve the objectives of the Regional Plan; and

(g) entrust to the Committee such other functions as it may consider necessary to carry out the provisions of this Act.

Section 9. Functions of the Committee

(1) The functions of the Committee shall be to assist the Board in,--

(a) the preparation and co-ordinated implementation of the Regional Plan and the Functional Plans; and

(b) scrutinising the Sub-Regional Plans and all Project Plans to ensure that the same are in conformity with the Regional Plan.

(2) The Committee may also make such recommendation to the Board as it may think necessary to amend or modify any Sub-Regional Plan or any Project Plan.

(3) The Committee shall perform such other functions as may be entrusted to it by the Board.

Chapter IV

Section 10. Contents of the Regional Plan

(1) The Regional Plan shall be a written statement and shall be accompanied by such maps, diagrams, illustrations and descriptive matters, as the Board may deem appropriate for the purpose of explaining or illustrating the proposals contained in the Regional Plan and every such map, diagram, illustration and descriptive matter shall be deemed to be a part of the Regional Plan.

(2) The Regional Plan shall indicate the manner in which the land in the National Capital Region shall be used, whether by carrying out development thereon or by conservation or otherwise, and such other matters as arc likely to have any important influence on the development of the National Capital Region and every such Plan shall include the following elements needed to promote growth and balanced development of the National Capital Region, namely:

(a) the policy in relation to land-use and the allocation of land for different uses;

(b) the proposals for major urban settlement pattern;

(c) the proposals for providing suitable economic base for future growth;

(d) the proposals regarding transport and communications including railways and arterial roads serving the National Capital Region;

(e) the proposals for the supply of drinking water and for drainage;

(f) indication of the areas which require immediate development as "priority areas"; and

(g) such other matters as may be included by the Board with the concurrence of the participating States and the Union territory for the proper planning of the growth and balanced development of the National Capital Region.