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NATIONAL CAPITAL REGION PLANNING BOARD ACT, 1985
2 of 1985
9th February, 1985
STATMENT OF OBJECTS AND REASONS The objective of the Delhi Development Act. 1957 (61 of 1957) was to promote and to secure the development of Delhi in accordance with the Master Plan and Zonal Development Plans. The Master Plan approved by the Central Government in 1962, recommended that the plan for planning the metropolis could not be considered complete without its metropolitan regional dimensions: It highlighted among other things the need for integrated planning and coordinating, development of the Delhi Metropolitan Area and the National Capital Region to achieve an orderly and balanced growth of Delhi and its surrounding areas. Taking cognizance of this recommendation in the Master Plan for Delhi, Government of India had set up a High Powered Board in 1961 for the co-ordination of the regional planning activities in the National Capital Region so as lo secure the collaboration of the Stifle Governments concerned in the formulation and the implementation of regional plan. This Board. being only advisory in its capacity, could not effectively tackle the programme of preparation and implementation of the regional plan. In 1980 it was decided that the National Capital Region concept should be revitalised and the region as a whole should be taken up for co-ordinated development. An agreement was reached in August, 1982, between the Chief Ministers of the States of Uttar Pradesh, Haryana and Rajasthan and Lt. Governor of Delhi on the one hand and the Union Minister of Works and Housing on the other on the need for a co-ordinating statutory machinery at the central level for the planning, monitoring .and development of the National Capital Region and also of need for the harmonised policy for land-uses and other infrastructure to avoid haphard developments in the region. 2. The Bill seeks to replace the aforesaid High Power d Board by a statutory Board, lo he known as the National Capital Region Planning Board, which shall consist of the Union Minister of Works and Housing as its Chairman, the Administrator of Union territory of Delhi, the Chief Ministers of the States of Haryana. Uttar Pradesh and Rajasthan and 11 other members, to be nominated by the Central Government in consultation with the participating States and Union territory of Delhi. While the objects of the statutory Planning Board would be the preparation, modification revision and review of a regional plan for the development of the National Capital Region and also for the preparation of functional plans for the proper guidance of the participating Stales and the Union territory of Delhi, the power to prepare sub-regional plan and project plan shall remain with the participating States and the Union territory of Delhi. The functions of the Planning Board would also include the power to co-ordinate and monitor the implementation of the regional plan and the power to evolve harmonised policy for the control of land-uses and development of infrastructure in the National Capital Region so as to avoid any haphazard development of the region. With a view to enabling the Planning Board to discharge its functions, the Bill provides for the establishment of a Planning Committee consisting of the officers and town planners of the participating Slates ,and the Union Territory of Delhi, to assist the Planning Board to discharge its functions. The Bill also contains the provisions which are necessary to give effect to the aforesaid objects. -Gaz. of Ind.. 27-8-1984. Pt. II-S. 2, Ext., P. 15 (No. 54).
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 Capital 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 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 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 (it 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 :-
SECTION 01: 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 02: 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 subsection (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.
SECTION 03: 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 twenty one 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 04: 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 Slate 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 05: POWER TO CO-OPT, ETC
(1) The Board or the Committee may, at any line 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-opted 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 06: 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.
SECTION 07: 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 08: POWERS OF THE BOARD
- The powers of the Board shall include the powers to-
(a) call lor 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 09: 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 lo it by the Board.
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 theRegional 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 are 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 or 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.
SECTION 11: SURVEYS AND STUDIES
For the preparation of the Regional Plan, the Board may cause such surveys and studies, as it may consider necessary, to be made by such person or group of persons as it may appoint in this behalf and may also associate such experts or consultants for carrying out studies in relation to such specific matters as may be determined by the Board.
SECTION 12: PROCEDURE TO BE FOLLOWED FOR THE PREPARATION OF REGIONAL PLAN
(1) Before preparing any Regional Plan finally, the Board shall prepare, with the assistance of the Committee, a Regional Plan in draft and publish it by making a copy thereof available for inspection and publishing a notice in such form and in such manner as may be prescribed, inviting objections and suggestions from any person with respect to the draft Regional Plan before such date as may be specified in the notice.
(2) The Board shall also give reasonable opportunities to every local authority, within whose local limits any land touched by the Regional Plan is situate, to make' any representation with respect to the draft Regional Plan.
(3) After considering all objections, suggestions and representations that may have been received by the Board, the Board, shall finally prepare the Regional Plan.
SECTION 13: DATE OF COMING INTO OPERATION OF THE REGIONAL PLAN
(1) Immediately after the Regional Plan has been finally prepared, the Board shall publish, in such manner as may be prescribed, a notice staling that the Regional Plan has been finally prepared by it and naming the places where a copy of' the Regional Plan may be inspected at all reasonable hours and upon the date of first publication of the aforesaid notice, the Regional Plan shall come into operation.
(2) The publication of the Regional Plan, after previous publication, as required by section 12-, shall be conclusive proof that the Regional Plan has been duly prepared.
SECTION 14: MODIFICATIONS OF THE REGIONAL PLAN
(1) The Board may, subject to the provisions of ' sub-section (2), make such modifications in the Regional Plan as finally prepared by it, as it may think fit, being modifications which, in its opinion, do not effect important alterations in the character of the Regional Plan and which do not relate to the extent of land uses or the standards of population density.
(2) Before making any modifications in the finally prepared Regional-Plan, the Board shall publish a notice, in such form and in such manner as may be prescribed, indicating therein the modifications which are proposed to be made in the finally prepared regional Plan, and inviting objections and suggestions from any person with respect to the proposed modifications before such date as may be specified in the notice and shall consider all objections and suggestions that may be received by it on or before the date so specified
(3) Every modification made under this section shall be published in such manner as the Board may specify and the modifications shall come into operation either on the date of such publication or on such later date as the Board may fix.
(4) If any question arises whether the modifications proposed lo be made are modifications which effect important alterations in the character of the Regional Plan or whether they relate to the extent of land-uses or the standards of population density, it shall be decided by the Board whose decision thereon shall be final.
SECTION 15: REVIEW AND REVISION OF THE REGIONAL PLAN
(1) After every five years from the date of coming into operation of the finally prepared Regional Plan, the Board shall review such Regional Plan in its entirety and may, after such review, substitute it by a fresh Regional Plan or may make such modifications or alterations therein as may be found by it to be necessary.
(2) Where it is proposed to substitute a fresh Regional Plan in place of the Regional Plan which was previously finally prepared or where it is proposed to make any modifications or alterations in the finally prepared Regional Plan, such fresh Plan or, as the case may be, modifications or alterations, shall be published and dealt with in the same manner as if it were the Regional Plan referred to in Sections 12-and 13 or as if they were the modifications or alterations in the Regional Plan made under section 14-.
SECTION 16: PREPARATION OF FUNCTIONAL PLANS
After the Regional Plan has come into operation, the Board may prepare, with the assistance of the Committee, as many Functional Plans as may be necessary for the proper guidance of the participating States and of the Union Territory.
SECTION 17: PREPARATION OF SUB-REGIONAL PLANS
(1) Each participating State shall prepare a Sub- Regional Plan for the sub-region within the State and the Union territory shall prepare a Sub Regional Plan for the sub-region within the Union Territory.
(2) Each Sub-Regional plan shall be a written statement and shall be accompanied by such maps, diagrams, illustrations and descriptive matters as the participating State or the Union Territory may deem appropriate for the purpose of explaining or illustrating the proposals contained in such Sub-Regional Plan and every such map, document, illustration and descriptive matter shall be deemed To be a part of the Sub-Regional Plan.
(3) A Sub-Regional Plan may indicate the following elements to elaborate the Regional Plan
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