38. [ Joint town-planning committee. [Section 38 substituted by Madras Act II of 1930.]
(1)Subject to such rules as the [State Government] [Substituted by Madras Act IV of 1934.] may make on this behalf, a municipal council may and if so required by the [State Government] [Throughout the Act, the words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order, 1937, and the word 'State' was substituted for 'Provincial' by the Adaptation Order, 1950.] shall join with one or more than one other local authority in constituting a joint town-planning committee for the making of a joint town-planning scheme or for any purpose connected with town-planning in which they are jointly interested or for which they are jointly responsible.(2)A joint town-planning committee may include persons who are not members of the local authorities concerned but who possess in their opinion special qualifications or represent institutions or corporations interested in the work of the committee:Provided that the number of such persons shall not exceed one-third of the total number of members of the joint committee.(3)(i)The [State Government] [Throughout the Act, the words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order, 1937, and the word 'State' was substituted for 'Provincial' by the Adaptation Order, 1950.] may make rules to carry out the purposes of sub-section (1);(ii)In particular and without prejudice to the generality of the foregoing power the [State Government] [Throughout the Act, the words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order, 1937, and the word 'State' was substituted for 'Provincial' by the Adaptation Order, 1950.] may make rules to provide for,-(a)the total number of members of the joint committee;(b)the number of such members who shall be members of the local authorities concerned and the number of such members who may be outsiders;(c)the qualifications of persons who shall be members of the joint committee or the manner in which they shall be appointed or elected;(d)the qualifications of the person who shall be the chairman of the joint committee or the manner in which he shall be elected or appointed;(e)the term of office of members and chairman;(f)the manner in which the committee shall be put in funds and shall account thereof; and(g)the procedure of the committee.(4)Rules made under sub-section (1) or (3) may be varied or revoked provided all the local authorities concerned assent to such variation or revocation.(5)If any difference of opinion arises between local authorities under any of the foregoing provisions of this section, it shall be referred to the [State Government] [Throughout the Act, the words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order, 1937, and the word 'State' was substituted for 'Provincial' by the Adaptation Order, 1950.] whose decision shall be final.(6)If the [State Government] [Throughout the Act, the words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order, 1937, and the word 'State' was substituted for 'Provincial' by the Adaptation Order, 1950.] take action under subsection (1) they may issue such directions as they may think necessary or desirable in respect of all or any of the matters referred to in sub-section (3).(7)When a joint town-planning committee has been constituted, such committee shall exercise the powers and perform the duties of the municipal council and its chairman the powers and duties of a chairman under this Act.(8)Any joint town-planning scheme made by a joint committee may provide for the execution of the scheme or any part thereof jointly by all or two or more of the local authorities concerned or specify the parts of the scheme to be executed at the expense of the several local authorities in their respective areas and the said specified parts of the scheme shall after the publication of the notification under section 14 have effect in the areas to which they relate as separate schemes.]
