Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 8] [Entire Act]

State of Odisha - Section

Section 3 in The Orissa Development Authorities Act, 1982

3. Declaration of development areas and constitution of Development Authority.

(1)Upon enforcement of this Act in any area or areas under Subsection (3) of Section 1, the State Government shall, for the purposes of proper development of such area or areas, by notification, declare such area or areas to be a development area for the purposes of this Act and shall assign a name to such area.
(2)The State Government may, by notification and in accordance with such rules as may be made in that behalfs-
(a)exclude from a development area comprised therein ; or
(b)include in a development area any other area.
(3)As soon as may be after the declaration of a development area under Sub-section (1), the State Government shall, by notification, constitute for the said development area a Development Authority with effect from such date as may be specified therein.
(4)Every Authority so constituted shall be a body corporate by the name of the development areas for which it is constituted having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable and to contract, and shall by the said name sue and be sued.
(5)The "Authority" shall consist of the following members, namely:
(a)a Chairman, who shall be appointed by the State Government:
(b)[a Vice-Chairman, who shall be an officer of the Central or State Government to be appointed by the State Government either on whole-time or on part-time basis and shall be the Chief Executive of the Authority: [Substituted vide Orissa Act No. 3 of 1993.]
Provided that nothing in this clause shall debar the State Government to appoint a part-time Vice-Chairman during the vacancy caused due to the absence of the Vice-Chairman, either whole-time or part-time, to avoid dislocation in the functioning of the Authority ;]
(c)an Engineer-member, to be appointed by the State Government;
(d)a Finance and Accounts member, to be appointed by the State Government ;
(e)a Town and Regional Planning member, to be appointed by the State Government;
(f)an Urban Designer or Architect-member, to be appointed by the State Government;
(g)the Secretary, Housing and Urban Development Department, Government of Orissa or his representative, member ex officio;
(h)the Chairman of Urban local bodies comprised within the development area, member, ex officio.
(6)[The members appointed under Clauses (c) to (f) of Subsection (5) may either be whole-time or part-time members.] [Substituted vide Orissa Act No. 4 of 1985.]
(7)The Vice-Chairman and the whole-time Members shall be entitled to receive from the funds of the Authority such salaries and allowances, if any, and governed by such condition of service as may be prescribed by rules made in this behalf.
(8)The Chairman, Vice-Chairman and members appointed under Clauses (c) to (f) of Sub-section (5) shall hold office during the pleasure of the State Government.
(9)[The Vice-Chairman and any member] [Substituted vide Orissa Act No. 3 of 1993.] specified in Clauses (c) to (f) of Sub-section (5), if part-time, and the members specified in Clause (h) of that Sub-section may be paid from the funds of the Authority such allowances, if any, as may be fixed by the State Government in this behalf.
(10)A member, other than an ex officio member, may resign his office by writing under his hand addressed to the State Government but shall continue in office until his resignation is accepted by the State Government.
(11)No act or proceedings of the Authority shall be invalid by reason of the existence of any vacancy in, or defect in the constitution of the Authority.
(12)The Authority shall meet at such times and shall observe such rules of procedure in regard to the transaction of its business at its meeting (including quorum at meetings) as may be provided by regulations.Note - [In exercise of the powers conferred by Sub-section (1) of Section 3 of the Orissa Development Authorities Act, 1982 (Orissa Act 14 of 1982), the State Government do hereby declare that the areas in which the said Act has been enforced in the notification of the Government of Orissa in Housing and Urban Development Department No. 37631/H.U.D., dated the 31st August, 1983 shall be a Development Area for the purposes of the said Act, and shall be assigned the name "The Cuttack Development Area, with effect from the 1st day of September, 1983.] [Vide Notification No. 37633-HUD/31.8.1983.]Note - [In exercise of the powers conferred by Clause (h) of Subsection (5) of Section 3 of the Orissa Development Authorities Act, 1982 (Orissa Act 14 of 1982), the State Government do hereby appoint the Chairman of Choudwar Municipal Council as member of the Development Authority constituted for Cuttack Development Area with effect from the 1st day of September, 1983.] [Vide Notification No. 37703-T.P. Esst. 65/83 HUD/31.8.1983.]Note - [In exercise of the powers conferred by Sub-section (3) and Subsection (5) of Section 3 of Orissa Development Authorities Act, 1982 (Orissa Act 14 of 1982) the State Government do hereby constitute a Development Authority for the Bhubaneswar Development Area declared -as such in the notification of Government of Orissa in the Housing and Urban Development Department No. 37627-H.U.D., dated the 31st August, 1983 to be known as "The Bhubaneswar Development Authority" with effect from the 1st day of September, 1983 consisting of the following members, namely : [Vide Notification No. 37627-HUD/31.8.1983.]
1. Minister of State, Housing and Urban Development Chairman
2. I.A.S. Vice-Chairman
3. Superintending Engineer Engineer-Member
4. O. F. S. Finance and Account Member
5. Associate Town Planner Town and Regional Planning-Member
6. Senior Assistant Architect Architect-Member
7. Secretary, Housing and Urban Development Department Memberex officio
8. Chairman, Bhubaneswar Municipal Council Memberex officio
9. Chairman, Jatni Notified Area Council Memberex officio
10. Chairman, Khurda Notified Area Council Memberex officio.]