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Section 8

The Puducherry District Planning Committee Act, 1994Union territory Act of Puducherry · Act 6 of 1994

(1) Without prejudice to any power to make rules contained elsewhere in this Act, the Government may, by notification, make rules to carry out all or any of the purposes of this Act.

(2) Every rule made under this Act, shall, as soon as may be after it is made, be laid before the Legislative Assembly of Puducherry while it is in session for a total period of fourteen days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session in which it is so laid or the sessions aforesaid, the Assembly makes any modification in the rule or decides that the rule should not be made, the rule 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.

______ 333 STATEMENT OF OBJECTS AND REASONS FOR ACT NO.6 OF 1994 The Constitution (Seventy-third Amendment) Act, 1992 as well as the Constitution (Seventy-fourth Amendment) Act, 1992 had been passed by the Parliament.

2. These Constitution Amendments provide a clear and close relationship between the development activities carried out by the local bodies namely, the municipalities as well as the panchayats.

3. Accordingly it is also mandatory to constitute a District Planning Committee to consolidate the plans prepared by the panchayats and municipalities in the Union territory of Puducherry.

4. The bill enables the District Planning Committee to consolidate the plans prepared by the panchayats and the municipalities and to prepare a development plan, besides attending to the matters of common interest between the panchayats and the municipalities in various activities like planning, sharing of water and natural resources, etc.

5. The Bill seeks to achieve the aforesaid objects.

_____ STATEMENT OF OBJECTS AND REASONS FOR ACT NO.3 OF 2007 In the Puducherry District Planning Committee Act, 1994, the expression "District" in clause (2) of section 2 has been defined as the "whole of the Union territory of Puducherry". At the time of enactment of the said Act, there was only one unitary District viz., Puducherry in the Union territory of Puducherry comprising of four regions, namely, Puducherry, Karaikal, Mahe and Yanam. But on 26-5-2005, the said unitary District of Puducherry has been bifurcated into two districts namely, (i) Puducherry District comprising of Puducherry region, Mahe region and Yanam region and (ii) Karaikal District comprising of Karaikal region vide G.O.Ms. No.37, dated 26-5- 2005 of the Confidential and Cabinet Department. Therefore, necessity has now arisen to constitute two District Planning Committees-one in Puducherry District and the other in Karaikal District. Hence, the expression "District" needs to be redefined as "a revenue district" so as to enable to constitute one District Planning Committee in Puducherry District and the other in Karaikal District.

334

2. Sub-section (2) of section 3 of the said principal Act, provides for the composition of the District Planning Committee. The erstwhile unitary District of Puducherry in the Union territory of Puducherry has been bifurcated into two districts, namely (i) Puducherry District and Karaikal District and it has been decided to fix the strength of the members of the committee at 15 and also to revise the composition of District Planning Committee by treating the Members of Parliament, Members of Legislative Assembly, Chairpersons of Commune Panchayat Councils and Municipal Councils, Secretary to Government (Finance), Secretary to Government (Planning) and experts as nominated by the Government as permanent special invitees of the Committee as was done in the neighbouring State of Tamil Nadu and Kerala.

3. Sub-section (3) of section 3 of the principal Act, provides for choosing the chairperson of the District Planning Committee in such manner as may be prescribed.

But the District Planning Committee is a high level committee consisting of high profile dignitaries viz., Members of Parliament, Members of Legislative Assembly, Secretaries to Government and Collector of the District concerned besides, the Chairpersons and elected members of local bodies, it is felt that it may cause difficulties and embarrassment to choose the Chairperson. As the Chief Minister happens to be the vicechairperson of the State Planning Board, it has been considered that it would be more appropriate in all respects, if he is the chairperson of every District Planning Committee. Accordingly, it has been decided to make the Chief Minister as the exofficio Chairperson of every District Planning Committee.

4. Clause (1) of sub-section (2) of section 3 of the principal Act, provides to designate the Director, Local Administration Department as the Member-Secretary of the District Planning Committee. Now, it has been decided to redesignate him as the Secretary of every District Planning Committee.

5. Section 2 and section 3 are, therefore, proposed to be substituted incorporating the above-mentioned proposals.

6. The Bill seeks to achieve the above objectives.

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Where this provision sits

ActThe Puducherry District Planning Committee Act, 1994
Section8
JurisdictionUnion territory of Puducherry
StatusIn force as published by the source

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