(

-464

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No. .- 2Pa/Vi6-38/2006

the Bihar Panchayat Raj Act, 20

of the Bihar Panchayat Raj A

consolidating the plans made b

Councils/Municipal Panchayats

for drafting the development pl

to it or ancillary subjects :-

THE CONSTITUTION O

CON

1. Short title extent an

(i) These Rules m

Committee and

(ii) It shall extend t

(iii) It shall come in

2. Definitions :- Unles

(a) “Act” means t

(b) “Chairman” m

of the Act;

Council appoin

(d) “District” mea

(e) “District Mag

the State Gove

appointed by t

District Magis

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2008

ANCHAYATI RAJ DEPARTMENT

————

NOTIFICATION

29th August 2008

6-4458—In exercise of the powers conferred by the

006 (Bihar Act 6, 2006) subject to the Section 167

ct, 2006 the Governor of Bihar makes the follow

by three tier Panchayats and Municipal Corporati

and to constitute the District Planning Committee a

an for whole district and to make arrangement for m

OF BIHAR DISTRICT PLANNING COMMITTE

NDUCT OF BUSINESS RULES, 2006

nd commencement :

may be called “The Constitution of Bihar Dist

Conduct of Business Rules, 2006”.

to the whole of the State of Bihar.

nto force from the date of its publication in the officia

ss otherwise required in the context, in these Rules :-

the Bihar Panchayat Raj Act, 2006 (Bihar Act 6 of 20

means a chairman of elected District Council under

utive Officer” means a Chief Executive Officer o

nted under the provisions of the Act;

ans a district notified as such by the State Governme

gistrate” means a District Magistrate of any district

ernment and includes such other officers who have

the State Government to execute all or any of the fu

trate under the Act;

+0 ,0-40

section 146 of

(as amended)

wing Rules for

ons/Municipal

at district level

matters related

EE AND

trict Planning

al Gazette.

006);

the provisions

of the District

ent;

t appointed by

specially been

unctions of the

( ), 24 ) 2008

(f) “Prescribed” means prescribed by the Act or rules made under it;

(g) “Population” means and includes the population as ascertained on the basis of

last census;

(h) “District Board” means a District Board of any district constituted under the

Act;

(i) “Municipal Bodies” means a body constituted under the Bihar Municipality

Act, 1922; Patna Municipal Corporation Act, 1951 and Bihar Municipality Act,

1978, as amended;

(j) “Rural Area” means any area which is different from the municipal area;

(k) “Municipal Area” means the territorial area of a Municipal Corporation,

Municipal Council or Municipal Panchayat, as the case may be;

(l) “Committee” means the District Planning Committee constituted under Section

167 (as amended) of the Act;

(m) “Metropolitan Planning Committee” means the Metropolitan Planning

Committee Constituted under the provisions of Article - 243ZE of the

Constitution;

(n) All other words and terms used but not defined in these Rules shall have the

same meaning as assigned to them in the Act.

3. Members of the Committee.— According to the provisions of the Section 67

(as amended) of the Bihar Panchayat Raj Act, 2006 the following shall be the

members of the Committee :-

(i) Chairman of the District Council;

(ii) Mayor or Chairman of the Municipal Corporation/Municipal Council/Municipal

Panchayat, as the case may be, having jurisdiction over district headquarter.

(iii) At least 4/5th member of the total number of members of the District Planning

Committee as per the appendix attached.

(iv) At least 4/5th members of the total number of members of the District Planning

Committee mentioned in para (iii) above shall be elected in prescribed manner

by the elected members of the District Council and the Municipal bodies in

district according to the ratio (Column 6 and 7 of the appendix) of the

population of rural and municipal areas in accordance with the number

mentioned in column 15 and 16 of the appendix.

Provided that, it will be refixed after every census on assessment of population.

4. The following shall be invited permanently in the Committee :-

(a)(i) The member of the Lok Sabha representing wholly or partially the territory of

the district,

(ii) The member of the Rajya Sabha registered as a voter in the district,

(iii) All such members of the State Legislative Assembly whose constituencies fall

under that district,

(iv) The members of the State Legislative Council registered as a voter in that

district,

(v) The Chairman of the District Co-operative Bank/District Land Development

Bank.

(vi) The District Magistrate.

(b)(i) Any member of the Committee shall not nominate any person as his/her

representative to be present in the meeting of the Committee, on his/her

behalf.

(ii) If any elected member of the Committee ceases to be a member of Municipal

Corporation/Municipal Council/Municipal Panchayat or District Board, as the

case may be, he/she will not remain a member of the Committee.

(iii) If a post of any elected member of the Committee falls vacant due to his/her

death, resignation or by other reason, such vacancy will be filled up for his/her

remaining tenure in the manner provided under rule-6.

( ), 24 ) 2008

5. Chairman of the Committee .—The Chairman of the District Council shall be the

chairman of the Committee.

6. Election of the members :-

(i) The State Election Commission shall have the right to prepare electoral roll

for the election of members of the District Planning Committee and to direct,

control and supervise that election, in such manner as it deems fit.

(ii) The joint meeting of the elected members of the District Council and all

Municipal Bodies shall be convened for Constitution of the District Planning

Committee. In the direction control and supervision of the State Election

Commission under section 167 (as amended) of the Act.

(iii) In the direction, control and supervision of the State Election Commission the

at least 4/5th members of the total number of members of the Committee

specified by the Government shall be elected in prescribed manner from

amongst members of the District Council, Councillors of Municipal Panchayat

and Municipal Corporation and Municipal Council of the district in the ratio

of the population of rural and municipal areas of the district.

7. Vacancies etc. shall not invalidate the proceedings of the Committee.— Any work or

the proceeding of the Committee shall not be invalidated only on the basis of any

existing vacancy or fault in the Constitution of the Committee.

8. Meeting of the Committee and Quorum :-

(i) The meeting of the committee at district headquarter shall be convened on such

date and time as may be fixed by the chairman.

(ii) The Committee may invite specialists of the subject matter to be present in its

meeting on such conditions as may be prescribed.

(iii) In the absence of the chairman the meeting of the Committee shall be presided

over by such member as may be selected by the members of the Committee

present in the meeting.

(iv) The presence of more than half of the members mentioned in rule-3 shall make

the quorum of the meeting of the District Planning Committee.

(v) The Chief Executive Officer of the District Council will be the Secretary of the

District Planning Committee and record the proceedings of the Committee.

(vi) The District Planning Officer will give advice and extend Co-operation, as

desired, to the District Planning Committee in the matter of preparing plan

subject to subsection (6) of section 88 of the Act.

(vii) The District Magistrate, the Chief Executive Officer and the District Planning

Officer shall compulsorily be present in the meetings of the District Planning

Committee.

9. Powers and functions of the Committee :-

(1) To consolidate the plans prepared by District Board, Panchayat Committees,

Gram Panchayat, Municipal Panchayats, Municipal Councils and Municipal

Corporations of the district and to make draft of development plan for whole of

the district.

(2) To identify the local needs and objects within the framework of the National

and the State Plan.

(3) To collect, compile and update the information regarding the natural and

human resources of the district for making solid database for decentralised

planning and preparing details of the resources of district, town and block.

(4) Enlisting the facilities of village, block, town and district level and its mapping.

(5) To recommend the policies, programmes and priorities for the development of

the district with a view to ensure maximum and justifiable use and exploitation

of available natural and human resources.

(6) To modify or amend and consolidate five year or Annual Development Plan

prepared for rural and municipal areas, keeping in view the overall objectives

and strategies of the plan.

( ), 24 ) 2008

(7) To present the development plan to the State Government in such manner as

may be presecribed.

(8) To prepare employment scheme for the district.

(9) To prepare estimates of financial resources for financing the district plan.

(10) To recommend the regional and subregional outlay within the overall

framework of the District Development Plan.

(11) To identify such plans and programmes for which institutional finance is

needed and to recommend, keeping in view the forward and backward linkage

with the plan.

(12) To recommend for ensuring the cooperation of voluntary organisations in the

overall development process.

(13) To suggest and recommend the State Government regarding such State

Regional Plans which have an important relation with the process of the

development of the district.

(14) To recommend about the site selection for different works and plans.

(15) Any such function which may be assigned by the Sate Government.

(16) The issues of mutual general interest of the District Board, Panchayat

Committees, Gram Panchayats, Municipal Panchayats, Municipal Corporations

and Councils as as mentioned in sub section (7)(a)(i) of section 167 of the Act

as well as the local plan, water and other physical and natural resources,

infrastructure, integrated development and environment conservation.

(17) Every District Planning Committee shall keep in mind the following points at

the time of preparing the draft of the development plan :-

(i) Limitation and type of available resources, whether financial or

otherwise.

(ii) Consultation with the institutions and organisations as specified by the

Government.

10.

Right to summon other officers in the meeting .—The District Planning

Committee may summon technical officers working in the District for

necessary cooperation in the formulation of plan, as the need be the

Committee may invite Deputy Chairman of the Regional Development

Authority concerned with the district, Chief Executive or Executive Officer of

Municipal Corporation/Municipal Council/Municipal Panchayat, as the case

may be, having jurisdiction over the District Headquarter, District Planning

Officer, District Panchayat Raj Officer or any other District level officers for

taking part in the meeting and give necessary advice in the formulation of the

Plan.

11. Reconstitution of the Committee.— After the reconstitution of Metropolitan Planning

Committee, the Government may reconstitute the District Planning Committee of

the District concerned.

12. Scope of District Plan :-

(1) Such subject shall be included in district plan which may be enumerated in the

Bihar Panchayat Raj Act, 2006 for rural areas and Bihar Municipality Act, 1922;

Bihar Regional Development Authority Act, 1981, Bihar Town Planning and

Improvement Trust Act, 1951 and Patna Municipal Corporation Act, 1951 for

municipal areas as the case may be.

(2) Such matters may also be included in the district plan which are deemed fit or the

State Government may direct by order.

13. Finalization of the District Plan.— The Committee will finalize the draft

development plan for the district.

14. Settlement of dispute.— If any dispute or question arises with respect to the

functions of the committee, its power or jurisdiction or any other matter, that dispute

or question will be referred to the State Government and its decision on that shall be

final.

( ), 24 ) 2008

15. Power of State Government to assign function to the committee.— The State

Government by order may assign such functions relating to the coordination and

monitoring of district plan to the committee which cover activities of different

departments of the State Government and which it may deem fit.

16. The Committee shall regulate their procedure.—Subject to the rules framed by the

State Government, the Committee shall regulate their own procedure.

17. Power to remove difficulties.— If any difficulty arises to give effect to the

provisions of these rules, the State Government may, by order published in the

official Gazette, do any such thing, as per the requirement of the occasion, which

may appear necessary and fit for removing the difficulties.

18. Protection of action taken in good faith.—No suit prosecution or other legal action

shall lie against any person for anything done or intended to be done in good faith in

pursuant to the rules made under the Act.

STRUCTURE OF BIHAR DISTRICT PLANNING COMMITTEE

Sl. No.

Name of the District

Rural

Population

Urban

Population

Total Population

Percentage of Rural Population

Percentage of Urban Population

No. of admissible members of the

Committee on the basis of Population

chairperson of Zila Parishad and

Mayor/Chairperson having control

on the Urban Body of the District

Headquarter

Total No. of the Members

4/5th part of total member of the

Committee

No. of Members to be elected from

Zila Parishad

No. of Members to be elected from

Urban Body.

Buxar

1273422

128974

1402396

Rohtas

2123942

326806

2450748

Bhojpur

1930730

312414

2243144

Nalanda

2016899

353629

2370528

Patna

2757060

1961532

4718592

Kaimur

1247299

41775

1289074

Gaya

2997479

475949

3473428

Nawada

1671253

138443

1809696

Aurangabad

1842998

170057

2013055

Jehanabad

813227

111612

924839

Arwal

589476

100

Saran

2950064

298637

3248701

Siwan

2564860

149489

2714349

Gopalganj

2022048

130590

2152638

Muzaffarpur

3398361

348353

3746714

Vaishali

2531766

186655

2718421

( ), 24 ) 2008

E. Champaran

(Motihari)

3688687

251086

3939773

W.Champaran

(Betiah)

2733907

309559

3043466

Sitamarhi

2529407

153313

2682720

Sheohar

494699

21262

515961

Bhagalpur

1970745

452427

2423172

Banka

1552353

56420

1608773

Madhubani

3450736

124545

3575281

Samastipur

3271338

123455

3394793

Darbhanga

3028441

267348

3295789

Saharsa

1383015

125167

1508182

Madhepura

1458679

67967

1526646

Supaul

1644370

88208

1732578

Purnea

2321544

222398

2543942

Araria

2026257

132351

2158608

Kishanganj

1167340

129008

1296348

Katihar

2174361

218277

2392638

Munger

819950

317847

1137797

Jamui

1295552

103244

1398796

Begusarai

2241743

107623

2349366

Khagaria

1204027

76327

1280354

Lakhisarai

684485

117740

802225

Sheikhpura

444189

81313

525502

Total :–

74316709

8681800

82998509

3433

367

1005

1080

864

777

By order of the Governor,

Sd/-Illegible,

Principal Secretary to the Government

————

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( ) 464-571+500-5,0 ,0+04