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State of Jharkhand - Section

Section 405 in Jharkhand Municipal Act, 2011

405. Municipal Streets Technical Committee.

(1)The municipality shall constitute a Municipal Streets Technical Committee with the following elected members, namely:-
(a)in the case of a Municipal Corporation, seven councillors chosen by the Council,
(b)in the case of a Class 'A' Municipal Council, five councillors chosen by the Council, and
(c)in the case of a Class 'B' Municipal Council or a Nagar Panchayat, three councillors chosen by the respective Council.
(2)In addition to the members mentioned in sub-section (1), the Municipal Streets Technical Committee shall also have five other members, namely:-
(a)the Municipal Commissioner or the Executive Officer who shall be the convener of the Committee,
(b)the Municipal Engineer,
(c)a police officer to be nominated by the Superintendent of Police of the District concerned, and
(d)two officers having responsibility for fire services and preparation of development plans for the municipal area, to be nominated by the State Government either from amongst the officers of the municipality or from the officers of the concerned State Government Departments or any authority under any law for the time being in force or any technical persons having special knowledge of urban transport and traffic.
(3)The term of the Municipal Streets Technical Committee shall be such as may be specified by the Mayor or Chairperson, and a new Municipal Streets Technical Committee shall be constituted before the expiry of the term of the existing Municipal Streets Technical Committee.
(4)The Municipal Streets Technical Committee shall meet at least once in a month.
(5)The Municipal Streets Technical Committee shall, in order to secure the expeditious, convenient and safe movement of traffic, including pedestrian traffic, and suitable and adequate parking facilities on and off the public streets, and having regard to, -
(a)the desirability of securing and maintaining reasonable access to premises,
(b)the effect on the amenities of any locality affected, and
(c)any other relevant matter referred to it by the municipality, aid, advise and assist the municipality in the following matters, namely:-
(i)classification of public streets and specification of width thereof,
(ii)prescription of regular line of street,
(iii)regulation of land uses abutting the streets,
(iv)regulation of traffic,
(v)designation of on-street parking areas,
(vi)allocation of rights of way for underground utilities,
(vii)placement of street furniture,
(viii)placement of authorized fixtures on streets, such as electric and telegraph poles, post-boxes, telephone junction boxes, sheds for buses, and milk booths,
(ix)opening of new public streets,
(x)permanent or temporary closure of existing public streets,
(xi)declaring private streets as public streets, and
(xii)any other matter that may be referred to it by the municipality.
(6)The Municipal Streets Technical Committee shall make recommendations to the municipality on any matter in conformity with the structure plan, or area improvement scheme under section 393 or rehousing scheme section 396 as the case may be, or any other development and improvement scheme prepared by any competent authority under any law for the time being in force, and shall take into account such plans, proposals, surveys, studies and supporting technical data on such matter as might be in the possession of the municipality or any planning or development authority or any Department of the State Government or any such competent authority.Explanation. - "Structure Plan" shall have the same meaning as in the explanation below section 397.
(7)The Municipal Streets Technical Committee may call for any record, document, map or data from the municipality or any planning or development authority or any Department of the State Government or any other authority under any State law for the time being in force, and, thereupon, it shall be the duty of such Department or authority to comply with such requisition.
(8)The municipality shall consider the recommendations of the Municipal Streets Technical Committee and take such decision thereon as it thinks fit after taking into account plans, proposals, surveys, studies, and supporting technical data, if any, referred to in sub-section (6).
(9)If any doubt arises as to whether the decision under sub-section (8) is in conflict with any plan, scheme or programme of any competent authority under any law for the time being in force, the matter shall be referred to the State Government whose decision thereon shall be final.