Panchayat:Repo18/Law Manual Page1105

39. Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat to necessarily make Master Plans in certain cases.- Notwithstanding anything contained in this Act, in respect of any area for which a planned development is necessary but not initiated by the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat, as the case may be, Government may, after making such enquiry as may be deemed necessary, by a notification in the Official Gazette, require the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat to prepare, publish and submit for sanction the Master Plan as provided under this Act and the notification so issued shall be deemed to be a decision taken by a resolution to prepare the plan under sub-section (1) of Section 36 and the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat shall proceed in accordance with this Act.

CHAPTER VI
JOINT PLANNING COMMITTEE AND PLANS FOR
JOINT PLANNING AREA

40. Joint Planning Area. The Government may, in consultation with the Board or the Chief Town Planner, by notification in the Official Gazette, declare an area to be a Joint Planning Area consisting of the area of more than one Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat, either in full or in part, for the purpose of effective planning of the area in which they are jointly interested or for which they are jointly responsible.

41. Joint Planning Committee and Master Plan for the Joint Planning Area.- (1) Subject to such rules as may be prescribed the Government may make in this behalf, the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat declared to be part of a Joint Planning Area under Section 40, shall constitute a Joint Planning Committee with the district officer of the Department of Town and Country Planning having jurisdiction over the area as Member Secretary:

Provided that two third of the members of the Joint Planning Committee shall be elected members of the Municipalities and the Village Panchayats in the Joint Planning Area.

(2) Government may, by notification in the Gazette, constitute a Joint Planning Committee for any Joint Planning Area declared so under Section 40.

(3) The procedure to be followed in the meetings of the committee including the quorum for such meeting shall be governed by such rules, regulations or orders, as may be prescribed.,

42. Powers and functions of Joint Planning Committee.— The functions of a Joint Planning Committee shall be the following: - (i) prepare or get prepared a Master Plan for the Joint Planning Area, in tune with the contents of Plans, if any, under this Act. The Joint Planning Committee shall, for the purposes of Plan preparation, publication and sanction, follow the procedure which a Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat has to follow in respect of a Local Planning Area under Chapter V of this Act; (ii) set up special function agencies, if required, and guide, direct and assist them on matters pertaining to their respective functions; and (iii) perform such other functions as are supplemental, incidental or consequential to items (i) and (ii) above or as may be directed by the Government, the District Planning Committee or the Metropolitan Planning Committee, as the case may be, from time to time.

43. Functions of the constituent units of the Joint Planning Committee.— The Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned of the