Bihar Urban Planning And Development Act, 2012, India-legitquest

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BIHAR URBAN PLANNING AND DEVELOPMENT ACT, 2012

BIHAR URBAN PLANNING AND DEVELOPMENT ACT, 2012

Preamble - BIHAR URBAN PLANNING AND DEVELOPMENT ACT, 2012

THE BIHAR URBAN PLANNING AND DEVELOPMENT ACT, 2012

[Act No. 20 of 2012][1]

PREAMBLE

An Act to make provision for promotion of planned growth and development of urban areas and such rural areas having potential of urbanization and regulation thereof including land use in these areas of State of Bihar.

Be it enacted by the Legislature of the State of Bihar in the sixty-third year of the Republic of India as follows:-

Section 1 - Short Title, Extent and Commencement

(1) This Act may be called The Bihar Urban Planning and Development Act, 2012.

(2) It shall extend to the whole of the State of Bihar or part thereof as may be notified by the State Government.

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different areas of the State.

Section 2 - Definitions

In this Act, unless there is anything repugnant in the subject or context:-

(I) ???????"Agriculture" includes horticulture, farming, raising of crops, fruits, vegetables, flowers, grass, fodder, trees or any other kind of cultivation, dairy, animal husbandry, breeding and keeping of live-stock, including cattle, horses, donkeys, mules, pigs, fish, poultry and bees; and the use of land for any purpose which is ancillary to the farming of land or its cultivation or to any other agriculture purposes, but does not include the use of land attached to a building for the purposes of a garden to be used alongside such building, and the expression "Agricultural" shall be construed accordingly;

(II) "Amenities" include all the supportive activities to the resident population as per the prevailing/prescribed norms such as roads and streets, open spaces, water and electric supply, street lighting, sewerage, drainage, nursery, creche, all kinds of school, all categories of clinics and hospitals, community hall, library, convenience shopping, playfields, parks and playgrounds, green areas, police stations, public parking, bus station, fire station, post offices, essential EWS Housing for the resident population, area for informal sector, all the components necessary to facilitate barrier free accessibility for the senior citizens and physically challenged persons and other utilities, services and conveniences as may be delineated by the Government;

(III) "Area" means the smaller unit divided for the purpose of preparing a development scheme or plan;

(IV) "Area Development Scheme" means an area development scheme prepared under this Act;

(V) ???????"Area of Bad Layout or Obsolete Development" means an area consisting of land which is badly laid out or of obsolete development, together with other land contiguous or adjacent thereto, which is defined by a Development Plan as an Area of Bad Layout or Obsolete Development;

(VI) "Appropriate Authority" in relation to a Planning Area, means the Planning Authority or the Bihar Urban Planning and Development Board or any other authority established or notified for that area by the Government including but not limited to the District Planning Committee, Metropolitan Planning Committee and relevant Local Authorities;

(VII) "Board" means the Bihar Urban Planning and Development Board constituted under this Act;

(VIII) "Building" includes any structure or part of a structure which is intended to be used for residential, industrial, commercial or other purposes whether in actual use or not, and compound wall or fencing thereof;

(IX) "Building Operations" Include

(a) erection or re-erection of a building, or any part of it;

(b) roofing, re-roofing of any part of a building or open space;

(d) any such alteration of a building as is likely to affect an alteration of its drainage or sanitary arrangements, or materially affect its security or basic structure;

(e) the construction(s) of a door opening on any street or land not belonging to the owner;

(X) ???????"Company" means a body corporate registered under the Companies Act, 1956;

(XI) "Commerce" means carrying on any trade, business or profession, sale or exchange of goods of any type whatsoever, and includes the running of, with a view to making profit, hospital, nursing homes, infirmaries, educational institutions and also includes hotels, restaurant, boarding houses, not attached to any educational institution, sarai, banquet halls, marriage hall, guest houses, coaching institution, training centres, call centres, and the expression "Commercial" shall be construed accordingly;

(XII) "Commercial Use" includes the use of any land or building or a part thereof for purposes of commerce as defined or for storage of goods, or as an office whether attached to industry or otherwise;

(XIII) "Conversion" means the change of occupancy or institution or change of use of land in any manner whatsoever;

(XIV) "Court" means any court empowered by the Government to perform the functions of the court under this Act, within the pecuniary and local limits of its jurisdiction;

(XV) "Development" with all its grammatical variations, and cognate expressions means the carrying out construction of any building, engineering, mining, or other operations in, on, or over or under land or the making of any material change in any building or land or in the use of any building or land, and includes layout and sub-division of any land;

(XVI) "Development Plan" means a plan for the development or redevelopment or improvement of an area within the jurisdiction of a Planning Authority and includes a Regional Development Plan, a Metropolitan Development Plan, Area Development Plan, Master Plan, Town Development Plan, Zonal Development Plan, District Development Plan, or any other plan or scheme prepared under this Act by whatsoever name known;

(XVII) "District" means a district in the State of Bihar;

(XVIII) "Floor Area Ratio" means the quotient obtained by dividing the total covered area on all floors by the area of the plot -

FAR =Total covered area of all floors

__________________________

Plot area

(XIX) "Floor Space Index" means the quotient or the ratio of the Total Covered area of all floors to the total area of the plot, multiplied by 100 Viz.,

Floor Space Index = Total covered area of all floors

_________________________X 100

Plot area

(XX) "Government" means the Government of the State of Bihar;

(XXI) "Heritage Building" shall mean any building of one or more premises or any part thereof or structure or artefact, duly certified by the Bihar Urban Arts and Heritage Commission constituted under this Act or the Archaeological Survey of India or any other designated Government Authority of the Central Government or Government of Bihar, as requiring conservation or preservation for historical or architectural or artistic or artisanal or aesthetic or cultural or environmental or ecological purpose(s), including such portion of land adjoining such building or part thereof as may be required for fencing or covering or in any manner preserving the historical or architectural or aesthetic or cultural or environmental value of such building;

(XXII) "Heritage Precincts" means spaces or premises, duly certified by the Bihar Urban Arts and Heritage Commission constituted under this Act or the Archaeological Survey of India or any other designated Government Authority of the Central Government or Government of Bihar as requiring conservation or preservation for historical or architectural or aesthetic or cultural purposes and walls or other boundaries of a particular areas or place or building which may enclose such space by an imaginary line drawn around it or a combination of one or more of these measures;

(XXIII) "Industry" includes the carrying on of any manufacturing process as defined in the Factories Act, 1948, and "industrial" shall be construed accordingly;

(XXIV) "Infrastructure" means any project, public amenity or public utility or service, which is required for smooth, productive and efficient functioning of the Planning Area such as trunk infrastructure, access from or to the nearest major road, bulk supply of drinking water (surface water and ground water with trunk line), power (electric substation and network), health, education facilities, transport (major roads such as national highways, state highways, major district roads, other district roads, , bridges, bypasses and underpasses), common effluent treatment plants (CETP), sewage treatment plant (STP), solid waste disposal system and receptacles, communication network, sectoral shopping markets, institutional buildings, malls and multiplexes, cinema halls, community halls, open air theatres, playgrounds, civic and cultural facilities, public parking areas etc.;

(XXV) "Land" includes benefits arising out of land, and things attached to the earth or permanently fastened to anything attached to the earth;

(XXVI) "Land Use" means the major use for which a land is being used on any specified date;

(XXVII) "Layout" means the laying out a parcel of land or lands into building plots with laying of roads or streets with formation, levelling, metalling or black topping or paving of the roads and footpaths, and laying of the services such as water supply, drainage, street lighting, open spaces and includes land subdivision for the purpose of building in such plots;

(XXVIII) "Local Authority" means Urban Local Bodies constituted under the Bihar Municipal Act, 2007 (Bihar Act 11 of 2007), as in force in the state of Bihar or Panchayati Raj Institutions constituted under Bihar Panchayat Raj Act, 2006 or any other authority or corporation defined as Local Authority under any other Act;

(XXIX) "Metropolitan Area" means an area having a population of ten lakhs or more, comprised in one or more districts and consisting of two or more Municipalities or Panchayats or other contiguous areas, specified by public notification to be a Metropolitan Area;

(XXX) "Metropolitan Planning Committee" means a committee constituted for a Metropolitan Area by the Government in accordance with Article 243ZE of the Constitution of India;

(XXXI) "Natural Hazard Prone Areas" means an area likely to have-

(a) moderate to very high damage risk of earthquakes, or

(b) moderate to very high damage risk of cyclones,

(d) landslide potential or proneness to it, or

(e) any or more of these hazards;

(XXXII) "Notification" means a notification published in the Official Gazette;

(XXXIII) "Occupier" includes-

(a) a tenant;

(b) an owner in occupation of, or otherwise using his land;

(d) a licensee in occupation of any land or building; and

(e) any person who is liable to pay to the owner damages for the use and occupation of any land or building;

(XXXIV) "Operational Construction" means any construction whether temporary or permanent, which is necessary for the operation, maintenance, development, or execution of any of the following services, namely:-

(a) railways;

(b) national highways;

(d) major ports

(e) river front development;

(f) airways and aerodromes;

(g) posts and telegraphs, telephones, wireless broadcasting and other like forms of communication;

(h) regional grid for electricity;

(i) any other to vice, deemed important and essential to the life of the community and so notified by the Government;

Explanation.-For the removal of doubts, it is hereby declared that the following shall not be deemed as "construction" within the meaning of this clause -

(i) ??New residential buildings (other than gate lodges, quarters for limited essential operational staff and the like), roads and drains in railway colonies, hotels, clubs, institutes and schools, in the case of railways; and

(ii) ?A new building, new structure or new installation or any extension thereof, in the case of any other service;

(XXXV) "Owner" in relation to any property, includes any person who is, for the time being receiving or entitled to receive, whether on his own account or on account of, or on behalf of, or for the benefit of, any other person or as an agent, trustee, guardian, manager or receiver for any other person or for any religious or charitable institution, the rents or profits of the property; and also includes a mortgagee in possession thereof;

(XXXVI) "Peripheral Area" means such area in the periphery of the Planning Area(s)as delineated by the Government;

(XXXVII)"Plan" means the statement of proposals, policies and development briefs for securing, promoting and regulating development in a Planning Area, and includes a map or maps or sets of documents or all of them;

(XXXVIII) "Planning Area" means a territorial unit demarcated and declared by the Government for the purposes of planning under this Act and shall be known by such name as the Government may decide.

(XXXIX) "Planning Authority" means the "Planning Authority", as constituted under this Act or any other such Local Authority, as may be so designed this Act or any other such body or corporation, as may be so designated by the Government;

(XL) "Plot" means a portion of land numbered and shown as one plot in a Development Plan, Area Development Scheme etc.;

(XLI) "Prescribed" means prescribed by Rules and Regulations made under this Act;

(XLII) "Public Place" means any place or building which is open to the use and enjoyment of the public whether it is actually used or enjoyed by the public or not and whether the entry is regulated by any charge or not;

(XLIII) "Publication" means the act or process of publishing by the Appropriate Authority in the official Gazette of Government of Bihar, newspaper, magazine, website or any other means;

(XLIV) "Preservation" means and includes retaining the existing form and fabric of a place or structure in its existing state and checking deterioration;

(XLV) "Reconstruction" means and includes restoring a place or structure as early as possible to a known earlier state and distinguished by the introduction of materials (new or old) into the fabric, this shall not include either recreation or conjectural reconstruction;

(XLVI) "Regulations" means the Regulations made under this Act by the Planning Authority in exercise of its power and includes zoning and other regulations made as a part of a Development Plan, Area Development Scheme etc.;

(XLVII) "Relocation of population" in relation to an Area of Bad Layout or Obsolete Development or a slum area, means making available, in that area or elsewhere, of accommodation, for residential purposes or for carrying on business or other activities, together with amenities, to persons living or carrying on business or other activities in the said area who have to be so accommodated so that the said area may be properly planned in the prescribed manner;

(XLVIII) "Residence" includes the use for human habitation of any land or building or part thereof, the use of gardens, grounds, garages, stables and out-houses, if any, appertaining to such land or building, and the expression "Residential" shall be construed accordingly;

(XLIX) "Restoration" means and includes retaining the existing fabric of a place to a earlier known state by removing accretions or by reassembling existing components without replacing by new materials;

(L) ???????"Rules" means the rules made under this Act, by the Government;

(LI) "Scheme" means a development or a planning scheme prepared under this Act, and includes plans and maps, together with the regulatory and descriptive matter, if any, relating to such scheme;

(LII) 'Transferable Development Right (TDR)" means making available certain amount of additional built up area in lieu of the area relinquished or surrendered by the owner of the land whose land or a part thereof, is required for public purposes such as construction and widening of roads, development of parks, playgrounds, green area civic amenities, recreational uses, urban infrastructure, implementation of development control and Zoning Regulations and conservation of heritage sites or such other purposes as Government may notify so that he can use the extra built up area either himself or transfer it to another person for a consideration;

(LIII) "Tribunal" means the tribunal constituted by the Government under this Act;

(LIV) "Utility" means services such as roads including approach roads, bridges, bypasses and underpasses, street lights, water supply system, sewerage system, storm water drainage system, electrical network, communication network, sewage treatment plants, percolation wells, solid waste disposal system, collection, treatment, discharge and disposal of industrial, institutional and township waste, gas pipeline, common effluent treatment plants (CETP), spaces for informal services etc., and any other as may be delineated by the Government;

(LV) "Zone" means a territorial unit or part in which any Planning Area, may be sub-divided for the purposes of securing, promoting and regulating development under this Act, and the expression "Zoning Regulation" shall be construed accordingly;

(LVI) "Zonal Plan" or "Zonal Development Plan" means in respect of a zone, a plan detailing out the proposals of the Development Plan and acting as a link between the Development Plan and the layout plan. It may contain a site plan and land use plan with approximate location and extent of land uses such as residential public and semi-public building or works, urban and civic utilities, roads, housing, recreation, industry, business, markets, and other matters relating to the development of the zone;

(LVII) "Zoning Regulations" mean, in respect of a zone, regulations for regulating and controlling of land use and enforcing of layout plan and prescribing regulatory principles for buildings such as permissible Floor Area Ratio, Floor Space Index, height of the building, building lines, parking, etc.; Note:- Words and expressions not defined in this Act shall have the same meaning as assigned to them in the Bihar Municipal Act, 2007 and Bihar Apartment Ownership Act, 2006, as amended from time to time.

Section 3 - Bihar Urban Planning and Development Board

(1) As soon as may be after the commencement of this Act, the Government shall, by notification in the Official Gazette, constitute and appoint the Bihar Urban Planning and Development Board for carrying out the functions assigned to it under this Act. The Board shall be comprised of the following members:-

(i) Development Commissioner	- Chairperson
(ii) Agriculture Production Commissioner/Principal Secretary/Secretary, Agriculture Department	- Member
(iii) Principal Secretary/Secretary, Health Department	- Member
(iv) Principal Secretary/Secretary Planning & Development Department	- Member
(v) Principal Secretary/Secretary Panchayati Raj	- Member
(vi) Principal Secretary/Secretary Industries Department	- Member
(vii) Principal Secretary/Secretary, Finance Department	- Member
(viii) Principal Secretary/Secretary Rural Development Department	- Member
(ix) Principal Secretary/Secretary Education Department	- Member
(x) Principal Secretary/Secretary Revenue and Land Reforms Department	- Member
(xi) Principal Secretary/Secretary Water Resource Department	- Member
(xii) Principal Secretary/Secretary Environment and Forest Department	- Member
(xiii) Principal Secretary/Secretary Road Construction Department	- Member
(xiv) Principal Secretary/Secretary Building Construction Department	- Member
(xv) Principal Secretary/Secretary Transport Department	- Member
(xvi) Principal Secretary/Secretary Public Health Engineering Department	- Member
(xvii) Principal Secretary/Secretary Disaster Management Department	- Member
(xviii) Secretary, Department of Law	- Member
(xix) Principal Secretary/Secretary Tourism Department	- Member
(xx) Principal Secretary/Secretary/Secretary Art, youth and Culture Department	- Member
(xxi) Principal Secretary/Secretary Rural Work Department	- Member
(xxii) Principal Secretary/Secretary/Food and Supply (Civic) Department	- Member
(xxiii) Principal Secretary/Secretary Urban Development and Housing Department		- Member Secretary
(xxiv) Two Experts of National Repute on Urban and Regional Planning nominated by the Government		- Member
(xxv) Senior Law Officer nominated by the Advocate General		- Member
(xxvi) Chief Town Planner, Urban Development and Housing Department		- Member

(2) The Board may invite representative(s) of Ministry of Urban Development, Ministry of Housing and Poverty Alleviation, Ministry of Environment and Forest, Ministry of Railway, Ministry of Civil Aviation, Ministry of Road Transport and Highways, Government of India as special invitee members for its functioning.

(3) The Government or the Board shall be competent to nominate or co-opt any person/persons whom it may think necessary for the functioning of the Board.

(4) The Board so constituted shall be a body corporate having perpetual succession and a common seal and may sue and be sued in its corporate name.

Section 4 - Functions and Powers of the Board

(1) Subject to the provisions of this Act and Rules framed there under, the functions of the Board shall be to advise the Government in matters relating to planning and development and use of rural and urban land in the State, to guide, direct and assist the Metropolitan Planning Committee or any other Planning Authority/(ies) constituted under the Act and to perform such other functions as the Government may, from time to time assign to the Board.

(2) In particular and without prejudice to the generality of the foregoing provision, the Board may and, if required by Government, shall:

(a) advise on the delineation of the Planning Area(s) for purposes of planned development and direct the preparation of Development Plan by the Planning Authorities;

(b) direct the preparation of one or more Development Plan(s) by the Planning Authorities or Metropolitan Planning Committees undertake, assist and advise on the coordination of planning and implementation of physical development programmes;

(c) undertake, assist and encourage the collection, maintenance, and publication of statistics, bulletins, and monographs on regional and urban planning;

(d) direct the preparations of one or more regional development plan, regional transportation plans, town development plans.

(e) direct the preparations of one or more regional natural resources and environmental conservation Plans.

(f) perform any other functions which is incidental, supplemental or consequential to any of the functions aforesaid or which may be prescribed.

(3) The Board may exercise all such powers as may be necessary or expedient for the purpose of carrying out its functions under this Act.

Section 5 - Appointment of Committee by the Board

(1) For assisting the Board in exercising its powers, discharging its duties or performing its functions, the Board may constitute one or more committees.

(2) Any such committee or committees constituted under sub-section (1) shall consist of such members as may be specified by the Board and the Board may nominate one of the members as the Chairman of the committee.

(3) The Board shall have the power to co-opt as a member of any Committee constituted under sub-section (1), any person having experience in matters of planning and development but, who is not a member of the Board.

Section 6 - Terms of office and Conditions of Service of Members of the Board

(1) The term of office and conditions of service of the members and employees of the Board shall be such as may be prescribed by the Rules, and they shall be entitled to receive such salaries or allowances or both as may be fixed by the Government.

(2) The Government, may if it thinks fit, terminate the appointment of any member of the Board at any time in case of misconduct by such member.

(3) A member of the Board appointed according to Section 3(1)-(xxiv, xxv) may resign his membership of the Board by giving notice in writing to the Government and on such resignation, being accepted by the Government, he shall cease to be a member of the Board.

(4) Any vacancy so created can be filled up by the Government.

Section 7 - Meetings of the Board

(1) The Board shall meet at such times and place as it thinks fit, not less than twice in a calendar year and shall observe such procedure as may be prescribed in regard to the transaction of its business at such meetings.

(2) The Chairperson or in absence of the Chairperson, any member chosen by the members from amongst themselves, shall preside over the meeting of the Board.

Section 8 - Secretariat of the Board

(1) The office of the Town and Country Planning Organization located in the Urban Development and Housing Department, Government of Bihar shall act as the Secretariat of the Board.

(2) The Government shall provide all requisite office space, personnel and financial assistance to the Board and its Secretariat.

Section 9 - Declaration of Planning Areas

(1) The Government may, for the purpose of securing planned development of regions or areas within the State, on advice of the Board, declare by notification, and in such other manner as may be prescribed, any such region or area or regions or areas, including a Metropolitan Area or area for development of new towns in the State to be a Planning Area, by whatsoever name known for the purposes of this Act.

(2) Every such notification shall precisely define the limits of such Planning Area.

(3) The Government may declare, with reference to a Planning Area, its surrounding area, defined clearly and unambiguously, as its Peripheral Area. Provided that extension to such area shall not exceed one km from any point at its boundary.

(4) The Government may, after consultation with the Board and the concerned Planning Authorities, amalgamate two or more Planning Areas into one Planning Area, sub-divide Planning Area(s) into different Planning Areas and include such sub-divided areas in any other Planning Area.

(5) The Government may, by notification, direct that all or any of the Rules, Regulations, orders, directions and powers made, issued, conferred and in force in any other Planning Area at the time, with such exceptions, adaptations and modifications, as may be considered necessary by the Government, shall apply to the area declared as amalgamated with or included in a Planning Area under this Section and such Rules, Regulations, bye-laws, orders, directions and powers shall forthwith apply to such Planning Area without further publication.

(6) When Planning Areas are amalgamated or sub-divided or such sub-divided areas are included in other Planning Areas, the Government shall, after consultation with the Board, frame a scheme determining what portion of the balance of the funds shall vest in the Planning Authority (ies) concerned and in what manner the properties and liabilities of the Planning Authority (ies) shall be apportioned amongst them and on the scheme being notified, the fund, property and liabilities shall vest and be apportioned accordingly.

(7) On or after the date of such notification of declaration of the Planning Area as well as Peripheral Area, the Government may impose such restrictions and conditions for transaction or any use of land in any part lying within these areas for such period as it considers necessary for preparation and implementation of the Development Plan in the manner prescribed.

Section 10 - Power to Withdraw Planning Area from operation of this Act

(1) The Government may, by notification, withdraw from the operation of any of the provisions of this Act, the whole or a part of any Planning Area declared.

(2) When a notification is issued under this Section in respect of any Planning Area hereunder:

(a) The relevant provisions of this Act and all notifications, rules and regulations, orders, directions and powers issued, made or conferred hereunder shall, cease to apply to the said area.

(b) The Government shall, after consulting the Board and the Local Authority (ies) concerned, frame a scheme determining the portion of the balance of the fund of the Planning Authority that shall vest in the Government and the Local Authority (ies) concerned and in what manner the properties and liabilities of the Planning Authority shall be apportioned between the Government and the Local Authority (ies) and on the scheme being notified, the fund, property and liabilities of the Planning Authority shall vest and be apportioned accordingly.

Section 11 - Constitution of Planning Authority

(1) Any time after the declaration of a Planning Area under Section 9, the Government shall, by notification, constitute an authority for such area to be called the Planning Authority of that Planning Area and it shall be known by such name as the Government may determine.

(2) Every Planning Authority constituted under sub-section (1) shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both moveable and immovable, to contract, and by the said name sue and be sued.

(3) A Planning Authority shall consist of a Chairman and such members including executive officers and local revenue officers as may be prescribed by the Rules.

(4) The Planning Authority may, with the approval of the Government, delegate any of its functions to the Local Authority (ies) within its jurisdiction.

(5) The Planning Authority shall have its office at such place as the Government may specify in this behalf.

(6) The Planning Authority may set up such committee(s) as it considers necessary for performance of any of the functions assigned to it or prescribed.

Section 12 - Terms of Office

(1) The term of office and conditions of service of the members of Planning Authority other than the ex-officio members shall be such as may be prescribed and the members shall be entitled to receive such remuneration or allowances or both as the Government may by order determine.

(2) If the Government is of the opinion that any member of a Planning Authority is guilty of misconduct in the discharge of his duties or is incompetent or has become incapable of performing his duties as such member, or should for any other good and sufficient reasons, be removed, the Government may, after giving him an opportunity to be heard, remove him from office.

(3) Any member of a Planning Authority other than an ex-officio member may at any time resign by writing under his hand addressed to the Government or the authority in the manner prescribed and upon the acceptance thereof, the office of such member shall become vacant.

(4) In the event of a vacancy occurring in the office of any member of a Planning Authority, the vacancy may be filled up by nomination or appointment, as the case may be, and the person so nominated or appointed shall hold office for so long as the member in whose place he is nominated or appointed would have held office, if the vacancy had not occurred.

Section 13 - Meetings of the Planning Authority

A Planning Authority shall meet at such time and place and shall conduct its business in the manner as prescribed.

Section 14 - Staff of the Planning Authorities

(1) Subject to the prior approval by the Board or the Government, as the case may be, a Planning Authority may appoint such number of officers and other employees as it considers necessary for the efficient performance of its functions under this Act and may determine their designations and grades.

(2) The officers and employees appointed under sub-section (1) shall be entitled to receive such salaries or allowances and shall be governed by such terms and conditions of service, as may be prescribed by the Rules.

(3) The member Secretary of the Planning Authority and the officers and employees of that authority shall work under the supervision and control of its Chairman.

Section 15 - Power to Designate a Local Authority as Planning Authority

(1) The Government may, instead of constituting a Planning Authority for a Planning Area, designate any Local Authority functioning in a Planning Area or part thereof, as the Planning Authority for that Planning Area.

(2) The Local Authority designated under sub-section (1) as the Planning Authority may, for the purposes of performing the functions assigned to Planning Authority under this Act, set up such committee(s) which it considers necessary in the manner as prescribed.

Section 16 - Functions and Powers of the Planning Authorities

(1) Subject to the provisions of this Act, a Planning Authority shall carry out such functions and exercise such powers as may be prescribed by the Rules.

(2) For the performance of its functions mentioned in sub-section (1), a Planning Authority may carry out or cause to be carried out surveys of its Planning Area and to prepare report or reports of such surveys, and to perform any other function which is supplemental, incidental, or consequential to any of the functions which may be prescribed.

(3) (a) A Planning Authority may, with the previous sanction of the Government, associate with itself such persons whose assistance or advice it may desire for the purpose of performing any of its functions under this Act and such persons may be paid by the Planning Authority such remuneration or fees as may be sanctioned by the Government.

(b) The person so assisting or advising the Planning Authority may take part in the meetings of the authority relevant to the purpose for which he is associated or consulted but shall not have the right to vote at a meeting or take part in the meeting of the authority relating to matters concerned with any other purpose.

Section 17 - Expenses of Planning Authority

(1) The Government may, by an order in writing, determine the part of expenses incurred by a Planning Authority in discharge of its functions which a Local Authority (ies) functioning in the Planning Area shall pay as contribution, either in one lump sum or in instalments specified in the order, and the part of expenses to be paid by the government.

(2) The Local Authority shall, not later than thirty days of the receipt of the order under sub-section (1), pay to the Planning Authority concerned the amount of contribution specified in the order in the manner indicated therein and if the Local Authority fails to so pay such amount, the State Government may, on receipt of necessary intimation from the Planning Authority, pay it to the Planning Authority and recover it from the Local Authority in the manner prescribed.

Section 18 - Preparation of Land Use Map and Land Use Register

(1) Every Planning Authority, after its formation, shall in consultation with the offices of the Revenue Department within two (2) years or such reasonable time as Government may by an order determine, prepare a present Land Use Map and a Land Use Register in the form to be prescribed, indicating the present use of every piece of land in the Planning Area.

Provided that for reasons to be recorded in writing, this period may be extended twice by six months each by the Government

Provided that no title or right shall accrue to any one due to entries in Land Use Map and Land Use Register so prepared.

(2) The Government shall, by notification specify the date with reference to which the present land use of any land in the State has to be determined and different dates may be fixed for different areas of the State.

Provided that, if a Planning Authority or a Local Authority has prepared a map or a register of the area before the application of the Act to that area, the map or the register already prepared, after such examination as the Planning Authority considers necessary, may be treated as a Land Use Map and Land Use Register prepared under this Section by the Planning Authority.

Section 19 - Publication of Land Use Map and Land Use Register

(1) After preparation of the Land Use Map and Land Use Register, the Planning Authority shall publish a notice, specifying the place or places where copies of the same may be inspected, and inviting objections from any person with respect to the Land Use Map and Land Use Register within thirty (30) days of the publication of such notice.

(2) After the expiry of the period mentioned in sub-section (1) an officer of the Planning Authority or a committee appointed by the Planning Authority for this purpose shall, after allowing a reasonable opportunity of being heard to all the persons who have filed the objections and after conducting such enquiry as may be necessary, make a report to the Planning Authority.

(3) The Planning Authority shall consider the report as submitted in sub-section (2) and make such modifications in the Map or Register or both as it considers proper and adopt the Land Use Map and Land Use Register by a resolution.

(4) After the adoption of the Land Use Map and the Land Use Register, the Planning Authority shall, publish a public notice of the adoption of the Land Use Map and Land Use Register and the place or places where copies of the same may be inspected and shall submit copies of the Land Use Map and Land Use Register to the Board and the Government.

(5) A copy of such public notice shall also be published in Official Gazette. The publication of the copy of the public notice in the Official Gazette in respect of the Land Use Map and Land Use Register shall be conclusive evidence that the Land Use Map and Land Use Register has been duly prepared and adopted.

Section 20 - Power of Government to prepare the Land Use Map and the Land Use Register

(1) Where by virtue of the forgoing provisions of this chapter, a Land Use Map and a Land Use Register is to be prepared then;

(a) if within the prescribed period or within such period which the Government has extended, no Land Use Map or Land Use Register has been prepared by the Planning Authority, or

(b) if at any time the Government requires to prepare such Land Use Map or Land Use Register on an urgent basis and the Planning Authority has failed to prepare the same within the stipulated/prescribed timeframe, the Government may direct the Town and Country Planning Organization (TCPO), Urban Development and Housing Department, Government of Bihar to prepare the Map and the Register.

(2) After preparation of the Land Use Map and the Land Use Register, the Town and Country Planning Organization shall submit the same to the Board and shall follow the procedure and exercise the power of the Planning Authority under Section 19 of the Act.

(3) Any expenses incurred under this Section in connection with the making of the Land Use Map and the Land Use Register with respect to the Planning Area of a Planning Authority shall be paid by the respective Planning Authority or the Government.

Section 21 - Preparation of the Development Plan

(1) As soon as may be, after the declaration of a Planning Area, the Planning Authority shall, but not later than two years after such declaration or within such time as the Government may from time to time determine, prepare and submit to the Government through Board a plan (hereinafter called "Development Plan") for the Planning Area or any of its parts with a time frame of twenty years or such extended period as may be specified by the Government.

Provided further that for a Metropolitan Area, the Development Plan shall be submitted to the Government in consultation with the Board by the Metropolitan Planning Committee, which may append its comments and suggestions with the Plan provided that while appending its comments and suggestions, the Metropolitan Planning Committee shall have regard to

(a) plans prepared by the Municipalities, District Planning Committee and the Panchayats in the Metropolitan area

(b) matters of common interests between Municipalities and the Panchayats including coordinated spatial planning of the area sharing of water and other physical and natural resources, the integrated development of infrastructure and environment conservation

(d) the extent and nature of investments likely to be made in the Metropolitan area by agencies of the Government of India and of the Government of the state and other available resources whether financial or otherwise.

(2) The Development Plan shall:

(a) indicate the manner in which the Planning Authority proposes that land in such area should be used and define and provide for all the matters that have to be or may be indicated;

(b) allocate areas or zones of land for use;

(i) for residential, commercial, industrial and agricultural purposes;

(ii) for public and semi-public open spaces, parks and playgrounds; and

(iii) for such other purposes as the Planning Authority may think fit;

(i) existing and proposed national highways, arterial roads, ring roads, and major streets; and

(ii) existing and proposed other lines of communication, including railways, airports and canals;

(iii) areas reserved for agriculture, public and semi-public, open spaces, parks, playgrounds gardens and other recreational uses, green belts, heritage area precincts and natural reserve;

(iv) comprehensive land allocation of areas or zones for residential, industrial, agricultural and other purposes;

(v) complete road and street pattern and traffic circulation pattern for present and future requirements;

(vi) major road and street improvements;

(vii) areas reserved for public buildings and institutions and for new civic development;

(viii) areas for future development and expansion, and areas for new housing;

(ix) amenities, services and utilities; and

(x) all such matters as may be prescribed by the rules or may be directed by the Government or the Board to be indicated, defined, and provided for;

(d) include Zonal Development Plan with Zoning Regulations to regulate within each zone, the location, density of population, FAR, height, number of storyes and size and number of buildings and other structures, the size of yards, courts and other open spaces and the use of buildings, structures, land and any other matter as required;

(e) indicate the stages by which the plan proposals are proposed to be carried out, together with financial implication of each stage.

(3) The Development Plan may -

(a) indicate, define and provide for -

(i) all such matters including planning standards, gross and net densities and guiding principles as the Planning Authority may consider expedient to be indicated, defined and provided for in the Development Plan;

(ii) the existing and proposed public and semi-public buildings;

(iii) detailed development of specific areas for housing, shopping centres, industrial areas and civic centres, educational and cultural institutions;

(iv) detailed redevelopment or renewal of specific areas for housing, shopping centres, industrial areas, civic centres, educational and cultural institutions and other related purposes.

(v) control of architectural features, elevation and frontage of buildings and structures; and

(vi) a five year development programme within the framework of the staging referred to in sub-section (2) (e).

(b) designate land as subject to acquisition for any public purpose, and in particular, but without prejudice to the generality or this provision for the purposes of -

(i) the Union of India, the State, and the Local authorities or any other authority established by law and public utility concerns;

(ii) any of the matters as are referred to in sub-section (2).

(iii) dealing satisfactorily with the Areas of Bad Layout or Obsolete Development and slum areas and provision for relocation of population;

(iv) the provision for open spaces, parks, and playgrounds;

(v) securing the use of the land in the manner specified in the Development Plan;

(4) in the case of a Metropolitan Area, the Development Plan may indicate define and provide, in addition to all matters as defined above, for all or any of the following matters, namely-

(a) Metropolitan road and rail system, including terminals for road, rail, air, and water, traffic and a rapid transit system;

(b) Metropolitan systems for water supply, drainage and sewerage and waste disposal;

(d) Metropolitan systems of parks, playgrounds and other recreational facilities;

(e) Metropolitan system of gas generation and supply;

(f) Such other amenities and facilities as may be required by the metropolitan area; and

(g) Any other matter as may be prescribed.

(5) subject to the provisions of the rules made under this Act for regulating the form and contents of the Development Plan, any such plan shall include such maps and such descriptive matters as may be necessary to explain and illustrate the proposals in the Development Plan.

Section 22 - Contents of Development Plan

(1) The Planning Authority shall consider and incorporate, while preparing the Development Plan, such information and details including land use, Zoning Regulation, development control regulations, whether the Planning Area is a Natural Hazard Prone Area, within a time frame of twenty years or such extended period as may be specified by the Government:

(a) prepare a topographical map for the Planning Area and also earmark lands fit for agriculture (wet and dry), and allied sectors like animal husbandry, dairy, poultry, horticulture, floriculture, forestry (including social forestry), urban agriculture and wasteland fit for various kinds of development;

(b) identify and map the facilities at the level of village, block, city and district.

(d) collect, compile and update the information on natural and human resources and the demographic profile, for preparing the database at block, city and district level for decentralized planning.

(e) modify, amend and consolidate the objectives and strategies made for five years or annual draft Development Plans of rural and urban areas, considering the overall objectives of development

(f) prepare the plan for entire Planning Area and consolidate the schemes and plans prepared by the Zila Parishad, various village Panchayats, Panchayat Samitis, Nagar Panchayat, Municipal Council and Municipal Corporations of that Planning Area.

(2) In particular and without prejudice to the generality of the foregoing provisions the Development Plan shall have all or some of the following contents:-

(a) Status report and proposals for infrastructure development;

(b) Status reports and proposals for public utilities;

(d) Status reports and proposals for creation, up gradation and development of amenities and utilities;

(e) policy, programmes and schemes for location and establishment of new towns, satellite townships, and integrated housing projects, proposals for housing for EWS and LIG groups, proposals for real estate and building projects;

(f) formulation of schemes, policies and programmes for:-

(i) creation/up gradation of education and health facilities;

(ii) growth of the informal sector;

(iii) tourist centres, amusement parks, recreation facilities, parks and playground;

(iv) development of religious areas requiring facilities for pilgrims;

(v) location for industrial parks, commercial complexes, malls and multiplexes;

(vi) creation and or up gradation of existing small scale, large scale industrial parks, IT Parks, logistic hubs for employment generation;

(vii) promotion of trade, commerce and industry;

(viii) growth centres and, markets for agriculture, dairy, fisheries, and horticulture;

(ix) development of special areas if any such as tribal areas, or economically backward areas;

(x) mapping of vulnerable areas which are disaster prone and a plan for pre-disaster, disaster mitigation and post-disaster requirements for speedy recovery to normal life;

(xi) optimal land utilization and preservation of agriculture;

(xii) human resource development;

(xiii) development in productive sectors;

(g) to identify the local needs and objectives within the framework of the national and state objectives.

(h) any other matter or content directed by the Government or prescribed by the Rules;

Section 23 - Development Plan prepared prior to the application of this Act to be deemed Development Plan

If a Local Authority or Town and Country Planning Organization has already prepared a Development Plan for a Planning Area before the application of this Act to that area, the Planning Authority constituted for that area may adopt the Development Plan already prepared, with or without modifications, and the same shall be deemed to be a Development Plan for the purposes of this Act.

Section 24 - Power of Government to prepare Development Plan

(1) Where by virtue of the foregoing provisions of this Act, a Development Plan is to be prepared,

(a) if within the period prescribed or within such period which the Government has extended, no Development Plan has been prepared by the Planning Authority, or

(b) if at any time the Government requires to prepare such a Development Plan on an urgent basis,

The Government may direct Town and Country Planning Organization for preparation of Development Plan. The Town and Country Planning Organization shall, for this purpose, follow the procedure and exercise the powers of Planning Authority under this Act.

(2) Any expense(s) incurred under this Section in connection with the preparation of the Development Plan for the Planning Area of Planning Authority, shall be paid by the Planning Authority.

Section 25 - Modification of Development Plan by the Board

As soon as may be, after the Development Plan has been submitted to the Board but not later than the time prescribed by Rules, the Board shall direct the Planning Authority to make such modifications in the Development Plan as the Board thinks fit and thereupon the Planning Authority shall make these modifications.

Section 26 - Public Notice of the Development Plan

(1) After the modifications, if any, directed by the Board have been made, the Planning Authority shall publish a public notice in the Official Gazette and in such manner as may be prescribed, of the preparation of the Development Plan and the place or places where copies of the same may be inspected, inviting objections in writing from any person with respect to the Development Plan within a period of two months.

(2) After the expiry of the period mentioned in sub-section (1) above, the Planning Authority shall appoint a Committee in the manner prescribed to consider the objections filed under sub-section (1) and report on them within such time as the Planning Authority may fix in this behalf.

(3) The Committee so appointed shall have power to co-opt any other person with the consent of the concerned authority and such co-opted person shall have a right to take part in the discussions of the Committee relevant to that purpose but shall not have a right to vote at the meeting and shall not be a member for any other purpose.

(4) The Committee so appointed shall afford a reasonable opportunity of being heard, to any person, including representatives of Government Departments, or Local Authorities who have filled any objections, and who have made a request for being so heard.

(5) After the receipt of the report from the Committee, but not later than the time prescribed by the Rules, the Planning Authority shall consider the report of the Committee and may make such modifications in the Development Plan as it considers proper, and shall submit the Development Plan with or without modifications together with the report of the Committee to the Government.

Section 27 - Approval by the Government

After the receipt of the Development Plan, together with the report of the Committee, but not later than the time prescribed by the Rules, the Government may either approve the Development Plan, with or without modifications, or may return the Development Plan to the Planning Authority to modify the plan or to prepare a fresh plan in accordance with such directions as the Government may issue in this behalf.

Section 28 - Publication of the Development Plan

(a) Immediately after the Development Plan has been approved by the Government, the Planning Authority shall publish a public notice in the Official Gazette and in a local newspaper, of the approval of the Development Plan and the place or places where copies of the Development Plan may be inspected.

(b) The Development Plan shall come into operation from the date of publication of the aforesaid notice in the Official Gazette.

Section 29 - Development Plan for Additional Area

If any time after a Planning Authority has declared a Development Plan or after a Development Plan prepared by a Planning Authority has been approved, the jurisdiction of the Planning Authority is extended by inclusion of an additional area, the Planning Authority in accordance with the provisions of this Act for the preparation of a Development Plan, shall prepare and publish a Development Plan for such additional area either separately or jointly with Development Plan prepared for the area originally under its jurisdiction, and submit it to the Government for approval after following the same procedure as is followed for submission of a Development Plan,

Provided that, where a Development Plan for the additional area requires modifications in the Development Plan of the original area, the Planning Authority shall revise the Development Plan after following the procedure laid down herein for modification of the Development Plan.

Section 30 - Use and Development of Land to be in conformity with Development Plan

After the coming into operation of any Development Plan in any area, no person shall use or permit to be used any land or carry out any development in that area otherwise than in conformity with such Development Plan.

Provided that the Planning Authority may allow the continuance for a period not exceeding 10 years, upon such terms and conditions as may be prescribed by the Regulations made in this behalf, of the use of any land for the purpose for and to which it is being used on the date on which such Development Plan came into operation.

Section 31 - Prohibition of Development without payment of development charges and without permission

(1) After the application of this Act to any area and subject to the provisions relating to development charges and other provisions of this Act, no development or change of use of any land shall be undertaken or carried out in that area:-

(a) without obtaining a certificate from the Planning Authority certifying that the development charge as levied; and

(b) without obtaining the permission in writing as provided for in sub-Section-(2)

Provided that no such permission shall be necessary-

(i) for carrying out such works for the maintenance, improvement or other alteration of any building, which effect only the interior of the building or which do not materially affect the external appearance of the building;

(a) (ii) for the carrying out of any work in compliance with any order or direction made by any authority under any law for the time being in force;

(iv) for the carrying out of any works by any authority in exercise of its powers under any law for the time being in force;

(v) for the carrying out by the Central or the State Government or any Local Authority of any works required for the maintenance or improvement of a highway, road or public street, being works carried out on land within the boundaries of such highway, road or public street;

(vi) for the carrying out by the Central or the State Government or any Local Authority of any work for the purpose of inspecting, repairing or renewing any drains, sewers, mains, pipes, cables, telephone or other apparatus or the breaking open of any street or other land for such purpose;

(vii) for any excavation (including wells) made in the ordinary course of an agricultural operation;

(viii) for the construction of a road intended to give access to land solely for agricultural purposes;

(ix) for the normal use of land which has been used temporarily for other purposes;

(x) in case of land, normally used for one purpose and occasionally used for any other purpose, for the use of land for that other purpose on occasions;

(xi) for use, for any purpose incidental to the use of a building for human habitation or any other building or land attached to such building. (2) The Planning Authority on receipt of application shall within three months grant permission, refuse to grant permission or grant permission with such conditions or modifications as it thinks fit.

Section 32 - Permission for Development in Peripheral area

Any person intending to carry out any development on any land and building in an area declared as a Peripheral Area to a Planning Area shall make an application in writing to the Planning Authority for permission in such form and containing such particulars and accompanying such documents and fees as may be prescribed.

Provided that such permission will be given, only if proposed development can be integrated with the land use nature of the Planning Area in the manner prescribed by the Rules.

Section 33 - Permission for Development

(1) After notification of the Development Plan every land use, every institution of use, change in land use, every building operation and every development in the Planning Area shall conform to the Development Plan.

(2) Any person or body (excluding a department of Central or State Government or Local Authority) intending to carry out any development on any land in conformity with the Development Plan shall make an application in writing to Planning Authority for permission in such form containing such documents and plans as may be prescribed by the Rules,

(3) On such application having been duly made and on payment of the development charge and other fees levied under this Act or Rules or Regulations made there-under:

(a) The Planning Authority shall pass within the time as prescribed an order:

(i) ???granting permission unconditionally; or

(ii) ??granting permission subject to condition as it may think fit; or

(iii) ?refusing permission

(b) Without prejudice to the generality of the foregoing clause the Planning Authority may impose conditions -

(i) ??to the effect that the permission granted is only for a limited period and that after the expiry of that period the land shall be restored to the previous condition or the use of land permitted shall be discontinued.

(ii) ?for regulating the development or use of any other land under the control of applicant or for the carrying out of works on any such land as may appear to the Planning Authority expedient for the purpose of permitted development.

(4) Every order of permission, refusal of permission or permission with conditions shall be recorded in writing and communicated to the applicant in the manner prescribed.

(5) The development permission order may among other conditions contain the relevant provisions of Development Plan, requirement for road and other communication network system and the area of land affected by and to be surrendered to the Planning Authority which may be entitled and reckoned for computation of Transferable Development Right in the manner prescribed.

(6) Notwithstanding anything contained in sub-section (1), in case of a department of Central or State Government or Local Authority (where Local Authority is not also the Planning Authority) intending to carry out any development other than Operational Constructions on any land the concerned department or the authority as the case may be shall notify in writing to the Planning Authority of its intention to do so giving full particulars thereof and accompanied by such documents and plans as may be prescribed by the Government from time to time, at least one month prior to the undertaking of such development. Where the Planning Authority has raised any objection in respect of the conformity of the proposed development either to Development Plan or to any of the building bye-laws in force at the time or due to any other material consideration, the department or Local Authority, as the case may be, shall-

(a) either make necessary modifications in the proposal for development to meet the objection raised by the Planning Authority, or

(b) submit the proposals for development together with objections raised by the Planning Authority to the Government for decision. When such proposals and objections have been submitted to the Government, no development shall be undertaken until the Government has finally decided the matter.

The Government on receipt of the proposals for development together with the objections raised by the Planning Authority, shall in consultation with the Town and Country Planning Organization either approve the proposals with or without the modifications or direct the concerned departments or Local Authority as the case may be to make such modification as considered necessary.

Section 34 - Appeal against grant of development permission subject to conditions or refusal of development permission

(1) Any applicant aggrieved by an order passed under Section-31, Section-32 and Section-33, may appeal to the Tribunal constituted under this Act.

(2) After hearing the appellant and the Planning Authority, the Tribunal may pass an order dismissing the appeal or accepting the appeal by-

(a) granting permission unconditionally; or

(b) granting permission subject to such condition as it may think fit; or

(c) removing the conditions subject to which permission has been granted; and imposing other conditions, if any, as it may think fit.

Section 35 - Lapse of Permission

Every permission granted under Section-31, Section-32 and Section-33 shall remain enforced for a period of two (2) years from the date of such grant and there after it shall lapse.

Provided that the Planning Authority may, on an application made to it, from time to time, extend such period by not more than six months at a time, but the extended period shall in no case exceed three (3) years in aggregate;

Provided further that the lapse of permission as aforesaid shall not bar any subsequent application for fresh permission under this Act.

Section 36 - Revocation of permission

The Planning Authority may revoke any development permission issued under Section 31, Section 32 and Section 33 whenever it is found that it was obtained by making any false statement or misrepresentation or suppression of any material fact.

Section 37 - Power of Revocation and Modification of Permission for Development

(1) If at any time it appears to the Planning Authority that it is necessary or expedient, having regard to the Development Plan that may have been prepared or may be under preparation, or to be prepared, and also having regard to any variation made in the Development Plan and to any other material consideration, that any permission to develop land or building granted under this Act or any other law, should be revoked or modified, the Planning Authority may, after giving the person concerned an opportunity of being heard, by an order, revoke or modify the permission to such extent as appears to be necessary;

Provided that where permission relates to change of use of land or any building operation or other operation, no such order shall be passed after the change has taken place.

(2) When any permission is revoked or modified by an order made under sub-section (1), and any owner claims compensation from the Planning Authority, within the time and in the manner prescribed, for the expenditure incurred in carrying out any development after the grant of permission and in accordance with such permission, which has been rendered abortive by the revocation or modification, the Planning Authority shall, after giving the owner reasonable opportunity of being heard assess and offer such compensation to the owner as it thinks fit.

(3) If the owner does not accept the compensation, and gives notice, within such time as may be prescribed, of his refusal to accept the compensation the Planning Authority shall refer the matter for the adjudication to the Tribunal constituted under Chapter-XII or to the Board of Revenue as prescribed in the Rules under the Act and the decision of the Tribunal or the Board of Revenue shall be final and binding on the owner and the Planning Authority.

Section 38 - Deviation During Development or Undertaking of Layout Works and Unauthorized Development or Construction

(1) If during the execution of any development works, layout works, and civil works any deviation or departure is to be made from the development permission order granted, the owner shall obtain revised sanction as per the procedure laid down in Section 33.

(2) Where a development or construction is found to have been undertaken by an owner, builder or developer without approval, without obtaining a development permission order, or in violation of the Development Plan, Zonal Development Plan or an Area Development Scheme or any rule, regulation or order, the Planning Authority or the Local Authority on its own or on advice of the Planning Authority concerned shall take immediate necessary steps against the said unauthorized development or construction as per the provisions of the Act or any other law.

Section 39 - Connection of public utilities to Only Permitted Buildings

Notwithstanding anything contained in any other law, local bodies, organizations or agencies responsible for provision of public utilities like supply of drinking water, electricity, drainage, sewerage facility and rendering such other services to buildings, or installations in the Planning Area shall provide electricity and water connection or such other public services to only such buildings which have been permitted by the competent authority under law.

Provided that in the case of connection(s) to be given to unauthorized buildings, Government may prescribe the conditions under which the same could be done.

Section 40 - Plans to Stand Modified in Certain Cases

(1) Where any land situated in any Planning Area is required under a Development Plan or Zonal Development Plan to be kept as an open space or un-built upon or is made subject to compulsory acquisition in such a Plan and if at the expiration of two years from the date of operation of the plan or amendment of the Development Plan (making the land subject to compulsory acquisition), the land is not acquired or compulsorily acquired for the purpose of the Development Plan , the owner of the land may serve on the Government a notice requiring his interest in the land to be so acquired.

(2) If the government fails to acquire the land within a period of a six months from the date of receipt of the notice under sub-section (1), the Development Plan or Zonal Development Plan, as the case may be, shall have effect after the expiration of the said six months, as if the land were not required to be kept as an open space or un-built upon or were not designated as subject to compulsory acquisition.

Section 41 - Penalty for Unauthorized Development or for Use in Non-Conformity with the Development Plan

(1) Any person who, whether at his own instance or at the instance of any other person or body commences, undertakes or carries out any development, or institutes or changes the use of any land or building.

(a) in contravention of any Development Plan;

(b) without necessary permission as required under this Act;

(d) after the permission for development has been revoked under Section-39; or

(e) in contravention of the permission which has been modified under Section-39;

shall be punishable with simple imprisonment for a term which may extend to six months, or with a fine which may extend to one lac rupees or with both and in the case of a continuing offence with a further fine which may extend to one thousand rupees for every day during which the offence continues after conviction for the first commission of the office.

(2) Any person who continues to use or allows the use of any land or building in contravention of the provisions of a Development Plan without having been allowed under Section 33, Section 34 and Section 35 or where the continuance of such use after the period for which the use has been allowed or without complying with the terms and conditions under which the continuance of such use is allowed, shall be punishable with simple imprisonment for a term which may be extend to six months, or with a fine which may be extend to fifty thousand rupees or with both and in the case of continuing offence with a further fine which may be extend to five hundred rupees for every day during which such offence continues after conviction for the first commission of the offence.

Section 42 - Power to Require Removal of Unauthorized Development

(1) Where any development of land has been or is being carried out as described in Section 41, the Planning Authority shall serve on the owner a notice requiring him, within such period, not exceeding one month, as may be specified therein, after the service of the notice, to take such steps as may be specified in the notice, which, inter-alia, may order,

(a) in cases specified in clauses (a), (b) or (d) of sub-section (1) of Section 41 to restore the land to its condition before the said development took place;

(b) in cases specified in clause (c) or (e) of sub-section (1) of Section 41 to secure compliance with the conditions or with the permission as modified;

(2) In particular, any such notice may, for the purpose aforesaid require-

(a) the demolition or alteration of any building or works;

(b) the carrying out on land, or any building of other operations; or

(c) the discontinuance of any use of land and building; Provided that in case the notice required the discontinuance of any use of land or building, the Planning Authority shall serve a notice on the Occupier also.

(3) Any person aggrieved by such notice may, within the said period and in the manner prescribed-

(a) apply for permission under Section 31, Section 32 and Section 33 as the case may be for the retention of land or any buildings or works or for the continuance of any use of the land, to which the notice relates; or

(b) appeal to the Tribunal as may be prescribed.

(4) (a) The notice shall be of no effect pending the final determination or withdrawal of the appeal before the Tribunal.

(b) (i) The provisions of Section 34 shall apply to such application with such modifications as may be necessary.

(ii) If such permission as aforesaid is granted on that application, the notice shall not take effect, or if such permission is granted for the retention only of some buildings or works or for the continuance of use of only a part of the land, the notice shall not take effect regarding such buildings or works or such part of the land, but shall have full effect regarding other buildings or works or other parts of the land.

(5) The Tribunal may dismiss the appeal or accept the appeal by quashing or varying the notice as it may think fit.

(6) If within the period specified in the notice or within such period after the disposal or withdrawal of the application for permission or the appeal under Sub-Section (3) the notice or so much of it as continues to have effect, or the notice with variation made in appeal, is not complied with, the Planning Authority may-

(a) prosecute the owner for not complying with the notice and in case where the notice required the discontinuance of any use of land, any other person also who uses the land or causes or permits the land to be used in contravention of the notice; and

(b) (i) in the case of a notice requiring the demolition or alteration of any building or works on any building to restore it to a condition before the development took place and secure the compliance with the conditions of the permission or with the permission as modified, take such steps as the Planning Authority may consider necessary including demolition or alteration of any building or works or carrying out of any building or other operations;

(ii) the Planning Authority may recover the cost of any expenses incurred by it on performing its duties under sub-clause (i) above, from the owner as arrears of land revenue.

(7) Any person prosecuted under clause (a) of sub-section (6) shall be punishable with simple imprisonment for a term which may extend to six months or with a fine which may extend to fifty thousand rupees, or with both and in the case of a continuing offence, with a further fine which may extend to five hundred rupees for every day during which such offence continues after conviction for the first commission of the offence.

Section 43 - Power to Stop Unauthorized Development and Requisition of Police

(1) Where any development of land or building as described in Section-38 is being carried out but has not been completed, the Planning Authority may serve on the owner and the person carrying out the development a notice requiring the development of land or building to be discontinued from the time of the service of such notice.

(2) Where such notice has been served, the provisions of sub-section (2) and sub-section (3) of Section 42 shall apply with such modification as may be necessary;

Provided that provisions of clause (a) of sub-section-(4) of Section 42 shall not apply and in spite of the filing of an application for permission for development or an appeal as provided in sub-section (3) of Section 42, the notice shall continue to have full effect.

(3) Any person, who continues to carry out the development of land and building, whether for himself or on behalf of the owner or any other person, after such notice has been served, shall be punishable with simple imprisonment for a term which may extend to six months, or with fine which may extend to fifty thousand rupees or with both and when the non-compliance is a continuing one, with a further fine which may extend to five hundred rupees for every day after the date of the service of the notice during which non-compliance has continued or continues.

(4) If such notice is not complied forthwith, the Planning Authority or such officer of the Planning Authority, who may be authorized in this behalf, may require any police officer to remove such person and all assistants and workmen from the land at any time after the service of such notice and such police officer shall comply with the requisition accordingly.

(5) After the requisition under sub-section (4) has been complied with, the Planning Authority or such officer of the Planning Authority who may be authorized in this behalf, may, if he thinks fit, depute, by a written order, a police officer or any officer or employee of the Appropriate Authority to watch the land or building in order to ensure that the development is not continued.

(6) where a police officer or an officer or an employee of the Planning Authority has been deputed under sub-section (5) to watch the land or building the cost of such deputation shall be paid by the person at whose instance such development is being continued or to whom notice under sub-section (1) was given and shall be recoverable from such person as arrears of land revenue.

Section 44 - Power to Require Discontinuation of Use of Land and Removal or Alteration of Building

(1) If it appears to the Planning Authority that it is expedient in the interest of proper planning in the Planning Area including the interests of provision of civic facilities, infrastructure and other amenities, having regard to the Development Plan prepared, or under preparation, or to be prepared, and to any other material consideration:

(a) that any use of land should be discontinued; or

(b) that any conditions should be imposed on the continuance thereof; or

(i)?? ?to require the discontinuance of that use of land; or

(ii) ?to impose such conditions, as may be specified in the notice, on the continuance thereof; or

(iii) ?to require such steps, as may be specified in the notice to be taken for the alteration or removal of any buildings or works, as the case may be.

within such period, being not less than one month, as may be specified therein, after the service of the notice.

(2) Any person aggrieved by such notice, may within the said period and in the manner prescribed, appeal to the Tribunal;

(3) If an appeal is filed under sub-section (2), the provisions of clause (a) of sub-section (4) of Section 42 and sub-section (5) of Section 42 shall apply, with such modifications as may be necessary.

(4) If any person-

(a) who has suffered damage in consequence of the compliance with the notice, by the depreciation of any interest in the land to which he is entitled or by being disturbed in his enjoyment of the land; or

(b) who has carried out any works in compliance with the notice, or incompliance with the notice the land becomes incapable of reasonably beneficial use. claims, from the Planning Authority, within the time and in the manner prescribed, compensation in respect of that damage, or of any expenses reasonably incurred by him for complying with the notice, the Planning Authority shall designate an officer to hear the applicant and make a report to the authority. The Planning Authority shall, after consideration of the aforesaid report, assess the compensation and offer it to the applicant under the provisions of this Act and Rules made thereon.

(5) If the owner does not accept the compensation, and gives notice, within such time as may be prescribed, of his/her refusal to accept the compensation the Planning Authority shall refer the matter for adjudication to the Tribunal and the decision of the Tribunal shall be binding on the owner and the Planning Authority.

Section 45 - Interim Provision Pending Preparation of Development Plan

Where the Planning Authority, in the exercise of its functions and powers with respect to any area under it, is required to have regard to the provisions of a Development Plan before such Development Plan has become operative, the Planning Authority shall have regard to the provisions of the Development Plan for securing the proper planning of the concerned area.

Section 46 - Preparation of Area Development Scheme

Subject to the provisions of this Act or any other law for the time being in force, the Planning Authority may, not later than six months after the Development Plan/s has been approved by the Government, invite Area Development Scheme(s) the purpose of implementing the proposals contained in the Development Plan from eligible developers for the area or areas within its jurisdiction or any part thereof.

Explanation.-(i) Eligible Developer for the purposes of aforesaid Section shall include:

(a) Individual or Partnership Firm or Body of Individuals or Association of Persons including Registered Societies and Trusts;

(b) Company incorporated under Companies Act, 1956;

(c) Government Undertaking such as Board, Corporation, Authority or any other entity incorporated under any law for the time being in force. (ii) Government may prescribe qualification criteria for the eligible developers through notification, if required. Provided that when the declaration of a Development Plan has been notified in the official Gazette under Chapter-V, the Government may direct a Planning Authority to prepare or invite Area Development Schemes for the areas contained within the Planning Area.

Section 47 - Application for Area Development Scheme

(1) The eligible developers shall in the prescribed form make an application before the Planning Authority for approval of the Area Development Scheme(s).

(2) The application shall be accompanied by the following documents-

(a) detailed project report of the Area Development Scheme comprising details as mentioned in the Section 48

(b) consent of 80 percent of land owners and 80 percent of the total plot area in form of registered title documents or registered power of attorney or registered development agreement in the favour of developer.

Section 48 - Scope and contents of the Area Development Scheme

(1) An Area Development Scheme may be made in accordance with provisions of this Act in respect of any land which is:-

(a) in the process of development,

(b) likely to be used for any development including building purposes, or

Explanation.-The expression "land likely to be used for building purposes" shall include any land likely to be used as or for the purpose of providing open spaces, roads, streets, parks, pleasure or recreational grounds, parking spaces, or for the purpose of executing any work upon or under the land incidental to a scheme, whether in the nature of a building work or not.

(2) An Area Development Scheme may make provisions for any or all of the following matters, namely:-

(a) the area, ownership and tenure of all existing plots covered by the scheme;

(b) the laying out or relaying out of land, either vacant or already built upon;

(d) layout of new streets or roads, construction, diversion, extension, alteration, improvement, closure or relocation of streets, roads and communications;

(e) the reconstitution of plots;

(f) the construction, alteration and removal of buildings, bridges and other structures;

(g) the allotment or reservation of land for roads, open spaces, gardens, parks, recreation grounds, schools, markets, residential purposes, industrial and commercial activities, green belts and dairies, transport facilities and public purposes of all kinds, the portion of land which can be acquired;

(h) undertaking housing schemes for different income groups, including housing for economically weaker Sections (EWS), commercial areas, industrial estates, provision of community facilities like schools, hospitals, and similar types of developments;

(i) drainage, sewerage, surface or sub-soil drainage and sewage disposal;

(j) lighting;

(k) water supply;

(l) the preservation and protection of objects of historical importance or of natural beauty and of buildings actually used for religious purposes;

(m) the imposition of conditions and restrictions in regard to the open space to be maintained around buildings, the percentage of building area for a plot, the number, height and character of buildings allowed in specified areas, the purposes for which buildings or specified areas may or may not be appropriate, the sub-division of plots, the discontinuance of objectionable uses of land in any area in reasonable periods, parking space and loading and unloading space for any building and the size of projections and advertisement signs;

(n) the suspension, so far as may be necessary, for the proper carrying out of the scheme, of any rule, bye-law, regulation, notification or order made or issued under any Act which the State Legislature is competent to amend;

(o) acquisition by purchase, exchange or otherwise of any property necessary for or effected by the execution of the scheme;

(p) the reservation of land for development of infrastructure, parks, common amenities, parking etc, shall be made from the total area covered under the scheme, as prescribed in the Rules.

(q) such other matters not inconsistent with the objects of this Act, as may be directed by the Government or as may be prescribed by the Rules.

Section 49 - Land Owner to be a Permanent Stakeholder in the Area Development Scheme

In an Area Development Scheme, referred in Section 47, while reconstituting the plot(s), the developer shall ensure that every land owner shall get back at least 10 percent of his land area in the scheme.

Section 50 - Approval of the Area Development Scheme

The Planning Authority shall examine the Area Development Scheme in the light of the guidelines prescribed and objections that may be received from the land owners, giving reasonable opportunity of being heard to all such interested persons who have filed objections and who have made request for being so heard in the manner prescribed. Further, the Planning Authority may direct the developer to make such amendments in the draft of the Area Development Scheme as it considers proper and shall, as soon as may be, but not later than the time prescribed by the Rules, approve the Area Development Scheme through an order published in Official Gazette, with or without modifications and it shall also provide a copy of the objections received by it and its decisions thereon.

Section 51 - Power of the Government to require the Planning Authority to make Area Development Scheme

(1) Notwithstanding anything contained in this Act, the Government may, in respect of any Planning Area after making such enquiry as it deems necessary, direct the concerned Planning Authority to make and publish in the prescribed manner, an Area Development Scheme in respect of any land in regard to which a development scheme may be made.

(2) If the Planning Authority fails to make the Area Development Scheme within three months from the date of direction made under sub-section (1), the Government may direct the Town and Country Planning Organization (TCPO) to make and publish and submit the Area Development Scheme to the Government, and thereupon the provisions of this Act shall, as far as may be applicable, apply to the making of such Area Development Scheme.

Section 52 - Power of Government to suspend rules, bye-laws or regulations

(1) Where the Planning Authority has approved the Area Development Scheme through order published in Official Gazette under Section 50, the Government may, on an application by the Planning Authority, suspend by order published in the Official Gazette to such extent only as may be necessary for the purpose of carrying out of the Area Development Scheme, any rule, bye-law, regulation, notification or order made or issued under any law which the Legislature of the State is competent to amend.

(2) Any order issued under sub-section (1) shall cease to operate in the event of the Area Development Scheme being withdrawn by the Planning Authority either on its own or under the directions of the Government.

Section 53 - Appeal against matters determined by the authority

From every decision of the Planning Authority in matters arising out of aforesaid provisions, an appeal shall lie within one month from the date of the decision, to the Tribunal constituted under this Act.

Section 54 - Exclusion or Limitation of Compensation in Certain Cases

(1) No compensation shall be payable in respect of any property or private right of any sort which is alleged to be injuriously affected by reason of any provision(s) contained in the Area Development Scheme, if under any other law for the time being in force applicable to the area for which such Area Development Scheme is made, no compensation is payable for such injurious affection.

(2) Any property or a private right of any sort shall not be deemed to be injuriously affected by reason of any provision contained in an Area Development Scheme securing the amenity of the area included in such Area Development Scheme or any part thereof or imposing any conditions and restrictions in regard to any of the matters specified in clause (m) of sub-section (2) of Section 48.

Section 55 - Decision of Planning Authority to be final in certain matters

(1) Where no appeal has been made under Section 53, the decision of the Planning Authority shall be final and binding on the parties.

(2) Where an appeal has been made under Section 53 and a copy of the decision in appeal is received by the Planning Authority, it shall then, where necessary, make variation in the Area Development Scheme in accordance with such decision and may also rectify such error(s) or omission(s), if any, as may have been brought to its notice after publication of the Area Development Scheme and' shall also forward such Area Development Scheme together with copies of its decisions and copies of the decisions in appeal to the Board.

Section 56 - Power to Vary Scheme on ground of error, irregularity or informality

(1) If after the Area Development Scheme has come into force, the Planning Authority considers that the Area Development Scheme is defective on account of an error, irregularity or informality or that the Area Development Scheme needs variation or modification of a minor nature, the Planning Authority shall, by notification in the Official Gazette, prepare and publish a draft of such variation in the prescribed manner.

(2) The draft variation published under sub-section (1) shall state every amendment proposed to be made in the Area Development Scheme, and if any such amendment relates to a matter specified in any of the sub-clauses of sub-Section (2) of Section 48, the draft variation shall also contain such other particulars as may be prescribed.

(3) The draft variation shall be open to the inspection of the public at the office of the Planning Authority during office hours for one month.

(4) Not later than one month from the date of the publication of the draft variation, any person affected thereby may communicate in writing his objections to the Planning Authority.

(5) After receiving the objections under sub-Section (4) the Planning Authority shall after making such enquiry as it may think fit, notify the variation with or without modification by notification in the Official Gazette.

(6) From the date of the notification of the variation, with or without modifications, such variation shall take effect as if it were incorporated in the Area Development Scheme.

Section 57 - Power to vary Area Development Scheme

Any Area Development Scheme may at any time be varied by a subsequent Area Development Scheme made, and published in accordance with this Act:

Provided that, when an Area Development Scheme is so varied, the provisions of this Act shall, so far as may be applicable, apply to such variation and making of subsequent Area Development Scheme; and the date of publication of the varied Area Development Scheme shall be deemed to be the date of publication of the Area Development Scheme referred in the relevant Sections.

Section 58 - Execution of Works in the Area Development Scheme by Developer

(1) The developer shall complete all the works provided in an Area Development Scheme within the period prescribed;

Provided that, in exceptional circumstances on application by the developer, the Planning Authority may, by an order in writing specifying these circumstances, grant to the developer in this behalf, further extension of time as it may think fit.

(2) If the developer fails to complete the work within the prescribed period or within the period extended under sub-section (1), the Planning Authority may, notwithstanding anything contained in sub-section (1), require the developer to complete the works within a further period as it may consider reasonable or appoint other agency/agencies to complete such works at the cost of the developer and may imposed such penalties on the developer as prescribed.

Section 59 - Development Charge

Where permission for use or change of use or development of any land or building is granted under Chapter-VI of this Act in the whole or any part of the Planning Area, and such change is capable of yielding a better income to the owner, the Appropriate Authority may levy a development charge in the manner prescribed.

Section 60 - Levy of Development Charge

(1) Subject to the provisions of this Act a Planning Authority including a Local Authority where such Local Authority is the Planning Authority shall levy development charges, with the prior approval of the Government, by notification, on the institution of use or change of use of land or building or development of any land or building for which permission is required under this Act within the Planning Area, at such rate which will be specified in the said notification;

Provided that rates of development charge may be different for the different parts of the Planning Area and for different uses

(2) The Government may provide for exemption from the levy of development charge on any development, or institution of change, or change of any use of any land and building specified in the Rules.

(3) (a) The development charge on lands and buildings levied shall be assessed with reference to their use and location for different purposes as prescribed.

(b) The rate of development charge shall be fixed by the Government by notification

Explanation.-The publication of any Development Plan or scheme by a Planning Authority shall be deemed to be included in the meaning of 'by any other mode' as mentioned in the Explanation to sub-section (2) of Section 1 of the Bihar Agricultural Land (Conversion for Non-Agriculture Purposes) Act, 2010. (Bihar Act 11, 2010)

Section 61 - Assessment of Development Charge

(1) Any person who intends to carry out any development or institute or change any use of any land or building for which permission is required under this Act, whether he has applied for such permission or not, or any person who has commenced the carrying out of any such development or has carried out such development or instituted or changed any such use, shall apply to the Appropriate Authority within such time and in such manner as may be prescribed for the assessment of development charge payable in respect thereof.

(2) On an application being made under sub-section (1), or if no such application is made, after serving a notice in writing on the person liable to make such payment, the Planning Authority shall, after giving the person concerned an opportunity of being heard, and after calling for a report in this behalf from an officer of the authority, determine whether or not, and if so, what development charge is levied in respect of that land or building as a result of the carrying out of such development or institution of use, or change of use, the amount payable, and fix a date by which the payment shall be made.

(3) The Planning Authority shall, give a reasonable opportunity of being heard to the person who has made an application under sub-section (1) or who has been served with a notice under sub-section (2);

(4) After hearing the persons, the Planning Authority shall assess the amount of development charge by an order:

Provided that:-

(a) where the application relates to the carrying out of any development, the Planning Authority may refuse to assess the development charge payable in respect thereof, unless it is satisfied that the applicant has an interest in the land sufficient to enable him to carry out such development, or that the applicant is able to obtain such interest and that the applicant will carry out the development within such period as the Planning Authority considers appropriate;

(b) where the application relates to use or change of use, the Planning Authority may refuse to assess the amount of development charge in respect thereof unless it is satisfied that the use will be instituted within such period as the Planning Authority considers appropriate.

(5) On the determination of the development charge levied under Sub-Section (2), the Planning Authority shall give to the person liable to pay such charge a notice in writing of the amount of development charge payable by such person and the date by which such payment shall be made and such notice shall also state that in the event of failure to make such payment on or before such date interest at the rate as prescribed in the Rules under this Act shall be payable from such date on the amount remaining unpaid.

(6) (a) The development charge payable in respect of any land or building shall be a first charge on such land or building, subject to the prior payment of land revenue , if any, due to the Government thereon and any other sum due to the Planning Authority.

(b) All development charges payable in respect of any land or building by any person shall, together with interest due up to the date of realization, be recoverable from such person or successor-in-interest in such land or building as arrears of land revenue.

(7) An order of assessment of development charge shall be final and shall not be questioned in any Civil Court.

Section 62 - Levy of Infrastructure and Amenities Charges

(1) Every Local Authority or the Planning Authority, as the case may be, while according a building permit under the relevant laws, shall levy charges so as to meet the impact of development and for providing adequate infrastructure and basic amenities at the rates as determined and in accordance with such procedure as may be prescribed which shall not be less than minimum and not more than the maximum as may be prescribed, and different rates may be prescribed for different parts of the Planning Area and for different uses of a building

(2) The infrastructure and amenities charges shall be levied on any person who undertakes or carries out any such development or institutes any use or changes any such use of a building.

(3) The collection of the infrastructure and amenities charges shall be made in the manner as may be prescribed.

Section 63 - Appeal

(1) Any person aggrieved by an order passed by the Planning Authority may, within a period of two (2) months from the date on which the order was communicated to him in the manner prescribed, appeal against such order to the Tribunal;

Provided that the Tribunal may admit an appeal preferred after the expiration of the said period if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period.

(2) The appeal shall be made and verified in the prescribed manner and shall be accompanied by such fee as may be prescribed.

(3) In disposing of an appeal, the Tribunal may, after giving the appellant an opportunity of making his representation and also hearing the Planning Authority whose order is appealed against,-

(a) confirm, reduce, enhance, or annul such assessment; or

(b) set aside such assessment and direct the authority to make a fresh assessment after such further inquiry as may be directed; or

(4) The decision of the Tribunal shall be binding on all the parties to such appeal.

(5) Notwithstanding that an appeal has been preferred under Sub-Section (1), the payment of development charges in accordance with the order or decision of assessment against which the appeal has been preferred shall not be stayed. Provided that the Tribunal may, in its discretion, give such directions as it thinks fit in regard to the payment of the development charges before the disposal of the appeal if the appellant furnishes sufficient security to its satisfaction for such payment in such form and in such manner as may be prescribed.

(6) Any order passed by the Tribunal under the provisions of this Chapter shall be enforced by such authority and in such manner as may be prescribed.

Section 64 - Power to Acquire land under the Land Acquisition Act

(1) Any land required, reserved or designated in any Development Plan and Area development Scheme shall be deemed to be land needed for a public purpose within the meaning of the Land Acquisition Act, 1894, or any other Land Acquisition Act in force from time to time, and may be acquired by the Government under the said Act as modified in the manner provided in this Act on request by the respective Planning Authority or any Local Authority.

(2) Where any land has been acquired by the Government, after taking possession of the land, the Government may transfer the land to the Planning Authority or any Local Authority for the purpose for which the land has been acquired on payment by the Planning Authority or the Local Authority of the compensation awarded under that Act and of the fee.

(3) On receipt of an application made under Sub-Section (1), if the Government is satisfied that the land specified in the application is needed for the public purpose specified therein, the Government may make a declaration to that effect in the Gazette, in the manner provided in Section 6 of the Land Acquisition Act, 1894 in respect of the said land.

(4) On the publication of such declaration, the collector of the district within whose jurisdiction the land is situate, shall proceed to take order for the acquisition of such land under the said Act; and the provisions of that Act shall, so far as may be, apply to the acquisition of the said land.

Section 65 - Transfer of Government Land to the Respective Planning Authority

The Government may by order and on such terms and conditions as may be agreed upon between the Government and a Planning Authority, place at the disposal of the Planning Authority any developed and undeveloped government lands situated within the jurisdiction of the Planning Authority for the purpose of development in accordance with the provisions of this Act.

Section 66 - Purchase of Land by way of Negotiated Settlement

Where after the publication of a Development Plan, any land is required, reserved or designated in such plan, the Planning Authority may enter into agreement with any person for acquisition from him by purchase by paying such amount as may be arrived through negotiated settlement;

Provided the amount shall not exceed the minimum reserve value of land by more than the limit as decided by the Board and approved by the Government.

Section 67 - Acquisition of Land by Way of Transferable Development Right

(1) Any area within a Planning Area may be acquired by the Planning Authority for public purposes with the consent of the owner, by way of according Transferable Development Right in lieu of compensation payable by the authority in such manner as may be prescribed:

Explanation.-For the purpose of this Section public purpose means:-

(a) widening of an existing road or formation of a new road;

(b) creation of civic amenities and infrastructure

(d) maintaining or improving heritage building or precincts notified by the State Government

(e) conservation of heritage sites

(f) implementation of development control regulations

(2) The Transferable Development Right so permitted may be utilized either by himself or by transfer to any other person, as may be prescribed. The area remaining after surrender shall have such permissible built up area as may be prescribed by the Rules or Regulations or bye-laws.

(3) The procedure for award of Transferable Development Right shall be as prescribed in the Rules.

Section 68 - Acquisition of Land and Built Up Space by way of Accommodation Reservation

A Planning Authority or the Local Authority may, with the consent of the owner and in the manner prescribed, acquire land and built up space for public purposes indicated in the Development Plan by according the owner, a built up space equivalent to area of the land and the built up space required for the amenity or facility, in lieu of the cost of land and the built up space acquired for the infrastructure, public amenity, public utility and services transferred to the respective Planning Authority or Local Authority, as prescribed under Rules or Regulations made under this Act.

Section 69 - Disposal of Land and Other Property by the Respective Planning Authority

The disposal of any land acquired by the Government and transferred to the respective Planning Authority with or without development thereon, or any other immovable property belonging to the Planning Authority shall be done in accordance with Rules or Regulations made for the purpose.

Section 70 - Creation and Management of Development Land Bank

The respective Planning Authority shall create and maintain a land bank, in which all lands acquired, allotted, purchased and obtained, shall be monitored and maintained and position reviewed periodically.

Section 71 - Constitution of Fund

The Government may constitute a fund for the purpose of administration and furthering the functions of the Board, the Planning Authority or any other authority or committee constituted under this Act.

Section 72 - Fund of the Planning Authority

(1) Every Planning Authority shall have and maintain its own fund to which shall be credited:

(a) all moneys received by the Planning Authority from the Government by way of grants, loans, advances, or otherwise;

(b) all development charge or other charges or fees received by the Planning Authority under this Act or Rules or Regulations made there under;

(c) contribution from such Local Authority or authorities of the area included in the Planning Area of the Planning Authority, not exceeding such amount from the general fund of such Local Authority or authorities to the fund of the Planning Authority as the Government may specify from time to time; and

(d) all moneys received by the Planning Authority from any other source.

(2) The fund shall be applied towards meeting-

(a) the expenditure incurred in the administration of the Act and in the functioning of the authority;

(b) the cost of acquisition of land in the Planning Area for purpose of development;

(d) the expenditure for such other purposes as the Government may direct.

(3) Every Planning Authority may keep in an account of a scheduled Bank, such sum of money out of its fund as may be prescribed by the Rules and any money in excess of the said sum shall be invested in such manner as may ;be approved by the Government.

(4) The Government may, make such grants, advances and loans to any Planning Authority, as it may deem necessary, for the performance of the functions under this Act; and all grants, loans and advances made shall be on such terms and conditions as the Government may determine.

Section 73 - Budget of the Planning Authority

Every Planning Authority shall prepare in such form and at such time every year as may be prescribed by the Rules, a budget in respect of the next financial year showing the estimated receipts and expenditure of the Planning Authority and shall forward to the Government and the Board, such number of copies thereof as may be prescribed by the Rules.

Section 74 - Accounts and Records

(1) Every Planning Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance sheet in such form as prescribed by the Government under the Rules.

(2) The accounts of every Planning Authority shall be subject to audit annually by the Finance (Audit) Department of the State or a chartered account empanelled by the Controller and Auditor General or such other authority as decided by the Government, and any expenditure incurred by it in connection with such audit shall be payable by the Planning Authority.

(3) The Finance (Audit) Department or a chartered account or any authority appointed by Government in connection with the audit of accounts of the Planning Authority shall have the same right, privilege and authority in connection with such audit asit has in connection with the Government accounts and in particular shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the office of the Planning Authority.

(4) The accounts of every Planning Authority as certified by the auditor together with the audit report thereon shall be forwarded annually to the Government and the Board.

Section 75 - Annual Report

(1) The Board shall prepare for every year a report of its activities during that year and submit the report to the Government in such form and on or before such date as may be prescribed by the Rules.

(2) Every Planning Authority shall prepare for every year, a report of its activities during that year and submit the report to the Government and the Board in such form on or before such date as may be prescribed by the Rules.

Section 76 - Pension and Provident Fund

(1) The Board and the Planning Authority shall constitute for the benefit of its whole time paid members and of its officers and other employees in such manner and subject to such conditions as may be prescribed by the Rules, such pension and provident funds as it may deem fit.

(2) Where any such pension or provident fund has been constituted, the Government may declare that the provisions of the Bihar Pension Rules, 1950, Provident Fund Act, 1925 and Bihar Provident Fund Rules, 1948 shall apply to such fund as if it were a Government pension and provident fund.

Section 77 - Constitution of Urban Arts and Heritage Commission for the State

(1) The Government may, by notification, constitute an Arts and Heritage Commission for the State, to be called "The Bihar Urban Arts and Heritage Commission" (hereinafter called the "Commission") which shall consist of a Chairperson and such other members, representing among others, Urban Planning, Visual arts, Architecture, Indian History or Archaeology, Tourism and the Environmental Sciences, as specified in the notification by the Government.

(2) The Commission shall make recommendations to the Government as to-

(a) the restoration and conservation of urban design and of the environment and heritage sites and buildings in the Planning Areas;

(b) the planning of future urban design and of the environment;

(3) The powers to be exercised and the functions to be performed and the procedure to be followed by the Commission shall be such as may be specified in the notification.

(4) The Government may, after consideration of the recommendations of the Commission and after giving an opportunity to the respective Planning Authority, Local Authority and other authorities concerned to make representation, issue such directions to the Planning Authority or Local Authority or other authorities concerned as they may think fit, and the Planning Authority or the Local Authority or other authorities shall comply with every such direction of the Government.

Section 78 - Order of Government to be binding

(1) The Government may in consultation with the Commission direct by notification that a Planning Authority or a Local Authority shall enforce a specified colour and design scheme of the buildings in a particular locality or area within the jurisdiction of the Planning Authority or Local Authority

(2) Notwithstanding anything contained in any Act, Rules, Regulations or bye laws, the order issued by Government under sub-section (1) shall be binding on the Planning Authority, Local Authority and the owner of the building(s).

Section 79 - Constitution of Tribunal

The Government may constitute such number of Tribunals as it may consider necessary for hearing appeals against the orders of a Planning Authority under the Act, and no Civil Court shall have jurisdiction to decide such disputes.

(1) The Tribunal shall consist of a Chairman, and at least two other members.

(2) The Chairman shall be a person who is or has been a District Judge and shall be appointed or deputed by the Government.

(3) The members shall be persons who shall as far as possible have knowledge or experience of town planning or valuation of land or civil engineering, architecture, administrative or legal matters.

(4) The Chairman and the other members shall be appointed members of the Tribunal for such period as may be prescribed by the Government.

(5) The Government may, if it thinks fit, remove for incompetence or misconduct or any other good and sufficient reason, the Chairman and/or any member appointed under sub-section (4).

(6) If the Chairman or the member is removed or dies or refuses or neglects to act or becomes incapable of acting, the Government shall appoint forthwith a fit and proper person to take the place of such Chairman or the member.

(7) The Tribunal shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, in respect of the hearing of an appeal.

Section 80 - Remuneration of Chairman and Members and payment of incidental expenses of Tribunal of Appeal

(1) The Chairman and the members shall, save where they are Government officers, be entitled to such remuneration, either by way of monthly salary or by way of fees or partly in one way and partly in the other, as the Government may, from time to time, decide.

Provided that, in exceptional cases where the scheme is a large one or the work involved is complicated, the Government may authorize the Chairman and the members, even in case of salaried Government Officers, to receive such special salary or remuneration, as the Government may, by order, decide from time to time.

(2) The salary of the Chairman of the Tribunal of Appeal or a member who is a salaried Government Officer, and any remuneration payable under Sub- Section (1) of this Section and all expenses incidental to the working of the Tribunal of Appeal shall, unless the Government otherwise determines, be defrayed out of the fund of the Planning Authority and shall be added to the cost of the scheme.

Section 81 - Power to Make Rules

(1) The Government may, by notification in the Official Gazette, make Rules to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such Rules may provide for all or any of the following matters. namely -

(a) the functions and powers of the Board and Planning Authority;

(b) the term of office and conditions of service of the members of the Board and the Planning Authorities;

(c) the qualification and disqualification for being chosen as, and for being members of the Board or Planning Authorities;

(d) the time and place of holding and the procedure to be followed in the meetings of the Board;

(e) the functions, powers and duties of the Town and Country Planning Organization (TCPO);

(f) the manner of nomination of such members including representatives of Local Authorities under sub-Section (3) of Section 11;

(g) the manner in which and the purpose for which any Planning Authority may associate with itself any person under the provisions of this Act;

(h) the control and restriction in relation to the appointment of officers and other employees of the Board;

(i) to direct modifications in any Development Plan and development scheme and the time within which the Board and the Government is to accord approval to such Development Plan and development scheme;

(j) framing of rules for constitution, functions and powers of Metropolitan Planning Committee.

(k) the form and content of Development Plan and area development scheme and the procedure to be followed in connection with the preparation. Submission and approval of such plans, schemes and the form and the manner of publication of the notice relating to such plan and scheme;

(l) the periodical amendment of Development Plans, the period on the expiration of which such an amendment may be taken up, procedure to be followed in making such amendment;

(m) the form in which any application for permission for development shall be made, the particulars to be furnished in such application and documents and plans which shall accompany such application;

(n) the form of registration of application and the particulars to be contained in such register;

(o) the manner of filing, and the fees to be paid for and the procedure to be followed in appeals;

(p) the manner in which an acquisition notice is to be served, and claim for compensation is to be made, the time within which such claim is to be made and the procedure to be followed for assessment of compensation;

(q) quantum and procedure for the levy of development charges and infrastructure and amenities charges and exemption from them on any development or institution or change of any use of any land;

(r) the manner in which application for the assessment of development charge is to be made;

(s) the sum of money that may be kept in Current Account;

(t) the form of the budget of Planning Authorities, the date on or before which it shall be prepared, the manner of preparing it, the number of copies that have to be sent to the Board and the Government;

(u) the form of the annual statement of accounts and balance sheet and the form of the annual report of the Planning Authorities and date on or before which it shall be submitted to the Board and to the Government;

(v) the form of the annual report of the Board and the date on or before which it shall be submitted to the Government;

(w) planning standards, prescribing the building regulation, Building Bye Laws, setbacks, specifications, coverage, height restrictions, etc.;

(x) the manner and the constitution of provident funds for the whole time paid members and officers and other employees of Planning Authorities and the conditions subject to which such funds may be constituted;

(y) the documents of which copies may be granted, the fees for such copies; and

(z) any other matter which has to be or may be prescribed by Rules.

Section 82 - Power to Make Regulations

(1) Any Planning Authority may, with the previous approval of the Government, make Regulations consistent with this Act and the Rules made there under, to carry out the purposes of this Act.

(2) Without prejudice to the generality of this power such Regulations may provide for-

(a) the time and place of holding and procedure to be followed in meetings of the Planning Authority, its committee, the number of members necessary to form a quorum therein;

(b) the powers and duties of the officers and employees of the Planning Authorities;

(d) the terms and conditions for the continuance of use of any land used otherwise than in conformity with a Development Plan; and

(e) planning standards, prescribing the building regulation, Building Bye Laws, setbacks, specifications, coverage, height restrictions, etc,; and

(f) any other matter which has to be or may be prescribed by the Rules.

Section 83 - Power to Make Policies

In order to encourage the development of new towns, large residential colonies, integrated townships, satellite towns, airports, information technology parks, and other real estate projects including affordable housing for economically weaker Sections in the State, either through Government initiative and or in private or public private partnership mode (PPP mode), the Government may frame policy guidelines and schemes to give effect to such schemes or projects.

Section 84 - Laying of Rules Regulations and Policy before State Legislature

Every Rule Regulations and Policy made under this Act shall be laid, as soon as may be after it is made, before the Houses of the Legislature, while it is in session, for a total period of fourteen days. This period may be comprised in one session or in two or more successive sessions. If, before the expiry of the session immediately following the session or the successive sessions aforesaid, the Houses agree in making any modification in the Rules or the Houses agree that the Rules should not be made, the Rules shall thereafter have effect only in such modified for or be of no effect, as the case may. However, any such modification or annulment shall be without prejudice to the validity of anything previously done under the said Rules.

Section 85 - Dissolution of Planning Authorities

(1) Where the Government is satisfied that the purpose for which any Planning Authority was established under this Act has been substantially achieved so as to render the continued existence of the Planning Authority in the opinion of the Government unnecessary, the Government may, by notification in the Official Gazette, declare that the Planning Authority shall be dissolved with effect from such date as may be specified in the notification and the Planning Authority shall be deemed to be dissolved accordingly.

(2) From the said date;

(a) all properties, funds and dues which are vested in, or realizable by, the Planning Authority shall vest in or be realizable by the Government;

(b) all liabilities which are enforceable against the Planning Authority shall be enforceable by the Government; and

(c) for the purpose of realizing properties, funds and dues referred to in clause (a), the functions of the Planning Authority shall be discharged by the Government.

Section 86 - Control by the Government

(1) A Planning Authority shall carry out such directions and guidelines as may be issued to it from time-to-time by the Government for the efficient discharge of its responsibilities and functions under this Act.

(2) If in connection with, the exercise of its powers, responsibilities and discharge of its functions by the Government or the Board or Planning Authority under this Act, any dispute arises between a Planning Authority and any other authority or any committee or Local Authority or the Board or the Government, the matter shall be resolved by the Government and the decision of the Government shall be final and binding on the Planning Authority and the other authority or any committee or Local Authority or the Board or the Government, as the case may be.

(3) The Government may, at any time either on its own motion or on application made to it in this behalf, call for the records of any case disposed of, or order passed by the Planning Authority for the purpose of satisfying themselves as to the legality or propriety or correctness of any order passed or direction issued, and may pass such order or issue such direction in relation thereto as the Government may think fit:

Provided that the Government shall not pass an order adversely affecting any person or body without affording such person or body, an opportunity of being heard or offering explanation.

(4) The Government may in consultation with the Board effect change in land use suo-moto or on the application of any Planning Authority or any owner of land or building.

Section 87 - Replacement of Members of the Board or the Planning Authority in Certain Cases

If in the opinion of the government, any member or staff of the Board or a Planning Authority will fully omits or refuses to carry out or disobeys the provisions of this Act or any Rules, bye-laws, Regulations or lawful orders issued hereunder or abuses his position or the powers vested in him or any member is found guilty of any misconduct in exercising or purporting to exercise the right conferred or performing or purporting to perform the functions imposed by or under this Act, the Government may by an order and with effect from a date to be specified therein, replace such member or appointed staff of the Planning Authority who shall forthwith be deemed to have vacated his office as such;

Provided that the Government shall, when the Government proposes to take action under this Section, give the person concerned an opportunity of making presentation on the action proposed and the order issued shall contain a statement of the reasons for the action taken.

Section 88 - Powers of Government to Appoint a Special Officer

(1) Notwithstanding anything contained in this Act where, for any reason, there is delay in the constitution or re-constitution of the respective Planning Authority in accordance with the provisions of this Act, the Government may, by notification appoint a Special Officer to manage the affairs of the respective Planning Authority under the Act, for a period which shall not exceed one year from the date of such appointment;

Provided that the government may, from time to time, by an order and for reasons specified therein, extend the said period of appointment of Special Officer beyond one year, for further period(s), however the period of appointment of the Special Officer shall not, in the aggregate, exceed two years.

(2) Upon the issuance of an order under sub-section (1),

(a) all the powers and functions of the respective Planning Authority shall during the period specified in the order under sub-section (1), be exercised and performed by the Special Officer; and

(b) all property vested in the respective Planning Authority shall, during the period specified in the order vest in the Government

(3) The Government may reconstitute the respective Planning Authority in the manner provided in this Act, before the expiry of the period notified under this Section and the Special Officer shall cease to manage the affairs of the authority on such reconstitution.

Section 89 - Return and Information

(1) Every Planning Authority shall furnish to the Government such reports, returns, records and other information as the Government may, from time-to-time require.

(2) The Government may, call for reports, returns, records and other information from the Planning Authority or the Local Authority or the public agency responsible, in regard to:-

(a) preparation of the Development Plan, Zonal Development Plan, Area Development Scheme, etc.;

(b) implementation of the plan, policy, programme or scheme

(3) Every Planning Authority shall comply with such directions, guidelines or instructions as may be given by the government with regard to the above aspects.

Section 90 - Power of Entry

(1) The Chief Town Planner or any town planner, or any officer or any person authorized by the Government or the Board or any Planning Authority in this behalf may enter into or upon any land or building with or without assistants or workmen for the purpose of -

(a) making any enquiry, inspection, measurement or survey or taking levels of such land or building for preparation and enforcement of Development Plan/Area Development Scheme;

(b) setting out boundaries and intended lines of works;

(d) examining works under construction and ascertaining the course of sewers and drains;

(e) digging or boring into the sub-soil;

(f) ascertaining whether any land is being or has been developed in contravention of any provision of this Act or Rules or Regulations there under; and

(g) doing any other acts necessary for the efficient administration of this Act :

Provided that the notice, timing and circumstances of such entry shall be as prescribed in the Rules.

(2) the power of the Chief Town Planner or the Board under sub-section (1) shall extend to the whole of the State and the power of the town planner, the officer or any person authorized by the Planning Authority of any Planning Area under sub-section (1) shall extend only to its Planning Area, and such other area which the Government may have directed;

(3) Any person who obstructs the entry of a person empowered or authorized under this Section to enter into or upon any land or building after such entry shall be punishable with imprisonment for a term which may extend to six months or fine which may extend to ten thousand rupees, or with both.

Section 91 - Service of Notices

(1) All documents including notices and orders required by this Act to be served upon any person shall be deemed to be duly served in the following manner:

(a) where the document is to be served on a Government department, railway, Local Authority, statutory authority, company, corporation, society or other body, if the document is addressed to the head of the Government Department, General Manager of the Railway, executive officer of the Local Authority, statutory authority, company, corporation, society or any other body at its principal branch, local or registered office as the case may be and is either;-

(i) ???sent by registered post to such office; or

(ii) ???delivered at such office.

(b) All documents including notices and orders required by this Act shall be served to any person or any body in the manner prescribed by the Rules.

Section 92 - Public Notice being made known

Every public notice given under this Act shall be in writing with the signature of the person authorized by the Board or a Planning Authority and shall be widely made known in the locality to be affected thereby by affixing copies thereof in conspicuous public places within the said locality, or by publishing the same by beat of drum or by advertisement in a local newspaper and by such other means which the person authorized thinks fit.

Section 93 - Notice with reasonable time

Where any notice, order or other document issued or made under the Act requires anything to be done for the doing of which no time is fixed in this Act, the notice, order or other document shall specify a reasonable time for doing the same.

Section 94 - Authentication of orders and documents of the Board and the Planning Authority

All permissions, orders, decisions, notices and other documents of the Board and any Planning Authority shall be authenticated, by the signature of the person authorized by the Board or the Planning Authority in this behalf.

Section 95 - Mode of proof of records of the Board and the Planning Authority

A copy of any receipt, application, plan, notice, order, entry in a register, or other document in the possession of the Board or any Planning Authority, if duly certified by the legal keeper thereof or other person authorized by the Board or the Planning Authority in this behalf, shall be received as prima facie evidence of the existence of the entry or document and shall be admitted as evidence of the matters and transactions therein recorded in every case where, and to the same extent as, the original entry or document would, if produced, have been admissible to prove such matters and transactions.

Section 96 - Restriction on the summoning of officers and servants of the Board and the Planning Authority

No Chairman, member or officer or servant of the Board or any Planning Authority shall in any legal proceedings to which the Board or the Planning Authority is not a party, be required to produce any register or document, the contents of which can be proved under the preceding Section by a certified copy, or to appear as a witness to prove the matters and transactions recorded therein, except by order of the Court made for special cause.

Section 97 - Offences by Companies

(1) If the person committing an offence under this Act is a company, every person, who, at the time the offence was committed was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly;

Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if such person proves that the offence was committed without his knowledge or that such persons exercised due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be liable to be proceeded against and punished accordingly.

Explanation.-For the purpose of this Section-

(a) "company" means a body corporate and includes a firm or other association of individuals; and

(b) "Director" in relation to a firm means a partner in the firm.

Section 98 - Penalty for obstructing contractor or removing mark

If any person-

(1) obstructs any person engaged or employed by the Board or any Planning Authority or any person with whom the Board or the Planning Authority has entered into a contract, in the performance or execution by such person of his duty or of anything which he is empowered or required to do under this Act, or

(2) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorized under this Act. such persons shall be punishable with fine which may extend to five thousand rupees or with imprisonment for a term which may extend to two months.

Section 99 - Sanction of prosecution

(1) No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Board or the Planning Authority concerned or any officer authorized by the Board or the Planning Authority in this behalf.

(2) All proceedings for offences under this Act shall be instituted by filing a first information report to the police station where the offence occurs.

Section 100 - Compounding of Offences

The Board or the Planning Authority concerned or any person authorized in this behalf by general or special order may either before or after the institution of the proceedings compound any offence made punishable by or under this Act.

Section 101 - Right to appear by recognized agent

Every party to any proceeding before the appellate authority or the Tribunal or before the Board or the Planning Authority constituted under this Act, shall be entitled to appear either in person or through his agent authorized in writing in that behalf.

Section 102 - Power to compel attendance of witnesses

For the purpose of this Act, the Board or the Planning Authority or an officer or any person authorized by the Board or the Planning Authority or the Tribunal or the appellate authority may summon and enforce the attendance of witnesses including the parties interested and compel them to give evidence and may also compel the production of documents, as far as possible, in the same manner as is provided in the case of a Civil Court under the Code of Civil Procedure, 1908.

Section 103 - Jurisdiction of Courts

No Court inferior to that of a magistrate of the first class shall try an offence punishable under this Act.

Section 104 - Fine when realized to be paid to Planning Authority

All fines realized in connection with prosecution under this Act shall be paid to the Planning Authority concerned.

Section 105 - Members and officers to be public servants

Every member and every officer and other employee of the Board and every Planning Authority shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code.

Section 106 - Protection of action taken in good faith

No suit, prosecution or other legal proceedings shall lie against any person for anything which is done or intended to be done in good faith under this Act.

Section 107 - Finality of orders

Save as otherwise expressly provided in this Act, every order passed or direction issued by the Government or the Board or order passed or notice issued by any Planning Authority under this Act shall be final and shall not be questioned in any suit or other legal proceeding.

Section 108 - Validation of acts and proceedings

(1) No act done or proceeding taken under this Act shall be questioned on the ground merely of-

(a) the existence of any vacancy in, or any defect in the constitution of the Board or any Planning Authority;

(b) any person having ceased to be a member;

(c) any person associated with the Board or any Planning Authority under the provisions of this Act having voted in contravention of the said Section;

(d) the failure to serve a notice on any person, where no substantial injustice has resulted from such failure;

(e) any omission, defect or irregularity not affecting the merits of the case.

(2) Every meeting of the Board and any Planning Authority shall be taken to have been duly convened and to be free from all defects and irregularities.

Section 109 - Power to Delegate

(1) The Board may, with the prior approval of the Government, by a resolution, direct that any power exercisable by it under this Act may also be exercised by any Planning Authority, or Local Authority, committee, or any officer of the Board or the Government with previous consent of Planning Authority, or Local Authority as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein.

(2) The Chief Town Planner may, by an order in writing, delegate any power exercisable by him under this Act, to any officer of the Board or the Government or any Planning Authority or Local Authority, in such cases and subject to such conditions, as may be specified therein.

Section 110 - Power of Planning Authority to borrow money

The Planning Authority, may from time to time borrow at such rate of interest and for such period and upon such terms as may be prescribed, money for making of a Development Plan or the making and execution of a development scheme.

Section 111 - Control by the Board

Every Planning Authority shall carry out such directions as may be issued from time to time by the Board for the efficient administration of this Act.

Section 112 - Removal of Difficulties

If any difficulty arises in giving effect to the provisions of this Act, the Government may as occasion may require, by order do or cause to be done anything which may be necessary for removing the difficulty:

Provided that no such order shall be made after the expiry of a period of five (5) years from the date of commencement of this Act.

Section 113 - Effect of law

Save as aforesaid, the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law.

[1] Published in Bihar Gazette (Ex. ord.) No. 697, dated 27th December, 2012.