Town and Country Planning Authority (Composition, Powers and Duties) Order, 1988

TOWN AND COUNTRY PLANNING THE TOWN AND COUNTRY PLANNING ACT ORDERS (under section 3) THE TOWN AND COUNTRY PLANNING AUTHORITY (COMPOSITION, POWERS AND DUTIES) ORDER, 1988 (Made by the Minister on the 15th day of August, 1988) 1. This Order may be cited as the Town and Country Planning Authority (Composition, Powers and Duties) Order, 1988. 2. In ,this Order "appointed member'' means a member appointed pursuant to paragraph 3(2); "Authority'' means the Town and Country Planning Authority. 3.-(1) The AUJthority shall consist of (a) the Government Town Planner who shall be a member ex officio; and (b) not less than six appointed members. (2) The appointed members shall be appointed by instrument in writing by the Minister. (3) The Minister shall appoint a member to be chairman. (4) A member who is direatly or indirectly interested in any matter which is being dealt with by the Authority (a) shall disclose the nature of his interest rut a meeting of the Authority; and (b) shall not take part in any deliberation or decision of the Authority with respect to that matter. (5) In the case of the absence or inability to act of the chair man, the Minister may appoint some other person to act temporarily in the place of the chairman. [ The indusicn of this page is authorized by L.N. 55/ 1991 ] L.N. 90/88 Citation. Interpre tation. Constitu tion of Authority. 3 4 Tenure of office. Temporary appoint ment. Re,;igna tions. Re,,ocation of appoint• ments, l'ii;ing of vacancies. Ga:cetting of appoint ed members. Leave, Seal and cxeimtion of iocu mettt<.L THE TOWN AND COUNTRY PLANNING AUTHORITY (COMPOSITION, POWERS AND DUTIES) ORDER, 1988 4. An appointed member shall, subject to the provisions of this Order, hold office for a period not exceeding two years from the date of his appointment or for such lesser period as ,the Minister may specify at the time of appointment and every such member shall be eligible for reappointment. 5. Subject to sub-paragraph (5) of paragraph 3, the Minister may, in the case of the absence or inability to aat of an appointed member, appoint any person to act temporarily in the place of that appointed member. 6.-(1) The chainnan, where the chairman is not the member ex officio, may at any time resign his office by instrument in writing addressed to the Minister and such resignation shall ttake effect as from the date of receipt of such resignation by the Minister. (2) An appointed member, other than the chairman, may at any time resign his office by instrument in writing addressed to the Minister and transmiitted through the chairman, and from the date of the receipt by the Minister of such instrument such member shall cease to be a member of the Authority. 7. The Minister may at any time revoke the appointment of any appointed member. 8. If any vacancy occurs in the appointed membership of the Authority such vacancy shall be filled by the appointment of another person as appointed memter who shall, subject to the provisions of this Order, hold offic•e for the remainder of the period for which the previous appointed member was appointed. 9. The names of all appointed members of the constituted and every change in the membership published in the Gazette. Authority as first thereof shall be 10. The Minister may, on the application of any appointed member, grant leave of absence to such member. 11.-(1) The seal of the Authority shall be kept in the cus,tody of the chairman or the secretary and shall be affixed to instruments pursuant to a resolution of the Authority in the presence of the chair man or any member authorized to act in that behalf, and the secretary thereof. [ The inclusion of this page is authorized by L.N. 55/ 1991 1 ( THE TOWN AND COUNTRY PLANNING AUTHORITY (COMPOSITION, POWERS AND DUTIES) ORDER, 1988 (2) The seal of the Authority shall be authenticated by the signatures of the chairman or any member authorized to act in that behalf and the secretary. (3) All documents other than those required by law to be under seal, made by and all decisions of the Authority, may be signified under the hand of the chairman or the secretary or any member authorized to act in that behalf. 12.-(1) The Authority shall meet as often as may be necessary or expedient for the prompt transaction of its business and such meetings shall be held at such places and itimes and on such days a,s the Authority may determine. (2) The chairman shall preside at meetings of the Authority and if the chairman is absent from a meeting the members present shall eleot one of their number to preside at the meeting. (3) The quorum of the Authority shall be five. (4) The decisions of the Authority shall be by a majority of votes and, in addition to an original vote, the chairman or other person presiding at a meeting shall have a casting vote in any case in which the voting is equal. 13.-(1) Subject to sub-paragraph (2), the Authority may, if it thinks fit for the purpose of carrying into effect its powers and duties, co-opt any person who is a member or officer of a local planning authority to participate in any proceedings of the Authority either generally or in relation to any particular matter. (2) Any person co-opted pursuant to sub-paragraph (1), shall not be entitled to vote in any proceedings of the Authority. 14. No act done or proceeding taken by ,1:ihe Authority shall be questioned on the ground (a) of the existence of any vacancy in the membership of, or any defect in, the constiitution of the Authority; or (b) of any omission, defect or irregularity not affecting the merits of the case. ( The inclusion of this page is authorized by L.N. 55/ 1991] Procedure and meetings. 4.01 Pov.er of Authority to oo-opt. Protection of Author ity 4.02. Pro1.cction of members. Renuncra tlon of members. Officers and sen1ants. Tra,:i.sl tio~al. THE TOWN AND COUNTRY PLANNING AUTHORITY (COMPOSITION, POWERS AND DUTIES) ORDER, 1988 15. No action, suit, prosecution or other proceedings shall be brought or instituted personally against any member in respect of any act done bona fide in ithe execution or intended execution of the relevant provi sions of the Town and CoUllltry Planning Act. 16. There shall be paid to the chairman and members and to persons co-opted by the Authority under p-aragraph 13 such remuneraition by way of honorarium, travelling or other allowances as the Minister may determine. 17. The Minister s,ball make such arrangements in relation to the provision and remuneration of the secretary and other officers and servants of the Authority as may from time to time be necessary. 18. Any appoillltment of members made by the Minister or any decision made or act done by the Authority pursuant to the Town and Country Planning Authority (Composition, Powers and Duties) Order, 1977 (now revoked) and which had effect immediately before the 18th of August, 1988, shall, until other provision is made pur suant to this Order, continue to have effect as if made or done pur suant to this Order. 19. As and from the 18th of August, 1988, any matter pending before, by or against the Authority, as collSlt.ituted immediately prior to the abovementioned daite may be continued before, by or against the Authority as constitUJted under this Order. [ The inclusion of this page is authorized by L.N. 55/ 1991 I