Time, place and convening of m eetings of Authority

rules · 2021 · Haryana

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Parent: The Panchkula Metropolitan Development Authority Act, 2021 (fd7451cceda583ecb9cbbd2efaeca47ff46ddc75)

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Definitions Time, place and convening of m eetings of Authority HARYANA GOVERNMENT TOWN AND COUNTRY PLANNING DEPARTMENT Notification The 5th October, 2023 No. S.O.61/H.A.23/2021/S.57/2023 . — In exercise of the powers conferred under sub -section (1) and (2) of section 57 of the Panchkula Metropolitan Development Authority Act , 2021 (23 of 2021), the Governor of Haryana hereby makes the following rules, namely:- Short title and commencement 1. (1) These rules may be called the Panchkula Metropolitan Development Authority Rules, 2023. They shall come into force on the date of their publication in the Official Gazette. (1) In these rules, unless the context otherwise requires, - (a) ―Act‖ means the Panchkula Metropolitan Development Authority Act, 2021 (23 of 2021); (b) ―electronic mode‖ means a mode such as video-conferencing, videocalling over the internet or such other similar means as the Chief Executive Officer may deem fit; (c) ―expert member‖ means a member of the Authority nominated under clause (m) of section 5 of the Act; (d) ―Form‖ means form appended to these rules; (e) ―member‖ means a member of the Authority or the Residents Advisory Council, as the case may be; (f) ―Presiding Chair‖ means the Chairperson of the Authority or in his absence, such member as may be elected by the members present in a meeting of the Authority; (g) ―real estate developer‖ means a licensee in the notified area granted licence under sub -section (3) of section 3 of the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975), but does not include the Haryana Shehri Vikas Pradhikaran; (h) ―resident welfare associations‖ means an association of residents of an area within the limits of the Municipal Corporation, Panchkula, constituted by and for the welfare of the res

Rule TOC

3 · (1) The Authority shall meet at such time and at such place, as the Chairperson may decide.

4 · (1) A meeting of the Authority may be called by giving notice of not less than seven days, either in writing at the registered address of each member or through the registered electronic mail to each member:

5 · (1) A member intending to participate through electronic mode may communicate, at least forty-eight hours prior to the meeting, his intention to the Chief Executive Officer, so as to enable suitable arrangements to be made in this behalf:

6 · (1) The quorum necessary for meeting, shall be one-third of the total number of members and a member participating in a meeting through electronic mode shall be included for the purpose of quorum:

7 · (1) The statement of business to be transacted in a meeting shall ordinarily be set out in the notice for the meeting under rule 4:

15 · The nomination of a resident member to represent residents of areas outside the limits of Municipal Corporation, Panchkula, shall be made by the Chairperson from a panel of three names, being Sarpanches of Gram Panchayats in the notified area, submitted by the Deputy Commissioner, Panchkula.

16 · The nomination of a resident member to represent industry shall be made by the Chairperson from a panel of names constituted from amongst one representative of industry suggested by each industrial association in the notified area listed in Schedule I .

17 · The nomination of a resident member to represent real estate developers shall be made by the Chairperson from a panel of names constituted from amongst one representative of real estate developers suggested by each association of real estate developers in the notified area listed in Schedule II .

18 · The nomination of a resident member to represent the services sector shall be made by the Chairperson from a panel of three names submitted by ' The National Association of Software and Service Companies' (NASSCOM) , consisting of persons of eminence from technology and business services companies in the notified area.

19 · The nomination of a resident member to represent labour shall be made by the Chief Executive Officer from a panel of three names, consisting of heads of labour associations in the notified area having not less than fifty members submitted by the Labour Commissioner of the State Government.

20 · (1) The nomination of resident members under clause (h) of rule 13 shall be made in the following manner, namely:-

21 · The term of a resident member shall be two years from the date on which the said member assumes his position as resident member, unless he resigns or is removed earlier in accordance with these rules.

22 · A resident member may, at any time, by writing under his hand addressed to the Chief Executive Officer, resign as member of the Residenst Advisory Council; and the resignation shall take effect from the date on which the resignation is accepted by the Chief Executive Officer.

23 · (1) A resident member nominated to the Residents Advisory Council may be removed by the Chairperson after approval of the Authority, if he , -

24 · (1) The Chief Executive Officer shall from time to time convene a meeting of the Residents Advisory Council.

25 · (1) A meeting of the Residents Advisory Council may be called by giving notice of not less than seven days, either in writing at the registered address or to the registered electronic mail to each member.:

26 · (1) A member intending to participate through electronic mode may communicate, at least forty eight hours prior to the meeting, his intention to the Chief Executive Officer, so as to enable suitable arrangements to be made in this behalf.

31 · (1) The Presiding Officer shall have all powers as are necessary for the purpose of maintenance of order at meetings.

32 · (1) The minutes of the proceedings of the meeting shall be drawn up, recorded and signed by the Presiding Officer.

33 · Every meeting of the Residents Advisory Council, the minutes of proceedings of which have been duly drawn up and signed shall be deemed to have been duly convened and to be free from alldefects and irregularities.

34 · (1) An expert member shall be entitled to receive an allowance of four thousand rupees for a meeting of the Authority attended by him.

35 · (1) No meeting allowance for attending meetings of the Residents Advisory Council shall be payable to any member including a resident member.

36 · (1) The interval between the preparation of one infrastructure development plan and the next plan shall notexceed five years.

37 · (1) The Chief Executive Officer or any officer of the Authority duly authorized by him in this behalf, may, by general or special order, direct the appropriate local authority having jurisdiction, in Form I , to remove any unauthorized development in the notified area or obstruction and encroachment on roads, open spaces, green spaces, pedestrian footpaths or other properties vesting in, or under the control and management of the Authority.

38 · (1) The Chief Executive Officer or any officer of the Authority duly authorized by him in this behalf, may, by general or special order, direct the District Magistrate, Panchkula, in Form II, to remove any unauthorized development in the notified area or obstruction and encroachment on roads, open spaces, green spaces, pedestrian footpaths or properties vesting in, or under the control and management of the Authority.

39 · The budget of the Authority, in respect of the financial year next ensuing, shall be prepared by the Chief Executive Officer in Form III and presented to the Authority for its approval on or before the 15th day of March of each year.

40 · (1) The books of accounts and other relevant documents and details related to the annual statement of accounts shall be maintained in electronic mode.

41 · (1) The Chief Executive Officer shall prepare the annual report of the Authority immediately and not later than three months, after the end of each financial year giving an account of its activities during that financial year and giving an account of the activities which are likely to be undertaken by the Authority during the next financial year.