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State of Jammu-Kashmir - Section

Section 4 in Jammu and Kashmir Metropolitan Region Development Authorities Act, 2018

4. Composition of the Authority.

(1)The Authority established under section (1) of section 3 shall consist of the following members, namely :-
(i)Chief Minister ;
(ii)Minister for Housing and Urban Development ;
(iii)Minister for Transport ;
(iv)Members of Parliament in the Metropolitan Region ;
(v)Minister of State for Housing and Urban Development ;
(vi)Mayor of the Municipal Corporation concerned ;
(vii)Presidents of the Municipal Committees and Municipal Councils within the Metropolitan Region ;
(viii)Chairperson(s) of the District Planning and Development Board(s) in the Metropolitan Region.
(ix)Four Members of the Legislative Assembly, representing constituencies falling wholly or partly within the limits of the Metropolitan Region, to be nominated by the Government ;
(x)One Member of the Legislative Council, to be nominated by the Government ;
(xi)Chief Secretary to the Government of Jammu and Kashmir ;
(xii)Administrative Secretary, Housing and Urban Development Department ;
(xiii)Chief Executive Officer ;
(xiv)Divisional Commissioner and Inspector General of Police of the respective Region ;
(xv)Municipal Commissioner of the Municipal Corporation within the Capital City ;
(xvi)Such experts of eminence, not exceeding six, as the Government may from time to time nominate from the field of urban infrastructure, public administration, finance, management, urban forestry, environment, engineering, town planning, etc. as members ;
(xvii)Vice-Chairperson(s)/Chief Executive Officer(s) of the Development Authority(ies) ; and
(xviii)Deputy Commissioner(s) of the District(s) falling in the Metropolitan Region ;
(2)The Chief Minister of the State shall be the Chairperson and the Chief Executive Officer shall be the Member-Secretary of the Authority.
(3)With effect from the date of establishment of Authority under subsection (1) of section 3, the Authority shall be deemed to be duly constituted, notwithstanding that there may be any vacancies as some of the members may not have been nominated or appointed or for any other reason may not be available to take office on that day and the members of the Authority, who may, from time to time, be available shall be competent to exercise, perform and discharge all the powers, duties and functions of the Authority from that date.
(4)The Government may, from time to time, notify the names of members nominated under clauses (ix) , (x) and (xvi) of subsection (1).
(5)The members shall receive such allowances as may be determined by regulations for meeting the personal expenditure in attending the meetings of the Authority or any Committee or body thereof, or in performing any other functions as a member.
(6)Where a person becomes or is elected or nominated as a member of the Authority by virtue of holding any office or being a member of the Legislature or any local authority, or Committee or body thereof, he shall cease to be a member of the Authority, as soon as he ceases to hold that office or to be such member, as the case may be.
(7)A member of the Authority, other than ex-officio member, may, at any time, by writing under his hand addressed to the Chairperson, resign from his office.
(8)No act or proceeding of the Metropolitan Region Authority, or of any Committee thereof, shall be deemed to be invalid at any time merely on the ground that-
(a)any of the members of the Authority or its Committee are not duly elected, nominated or appointed or for any other reason are not available to take office at the time of the constitution or any meeting of the Authority or of its Committee or body or there is any defect in the constitution thereof, or any person is a member in more than one capacity or there are one or more vacancies in the offices of any such members ; and
(b)there is any irregularity in the procedure of the Authority or such Committee not affecting the merits of the matter under consideration.
Explanation : - During the continuation of proclamation under section 92 of the Constitution of Jammu and Kashmir or Article 356 of the Constitution of India as applicable to the State, the term 'Chief Minister' shall mean and include 'Governor' for the purposes of this section.