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The Bihar (Coal Mining) Area Development Authority Act, 1986
The Bihar (Coal Mining) Area Development Authority Act, 1986
Sections
1. Short title, extent and commencement.
Section 12. Definitions.
Section 23. Declaration of the Coal Mining Development Area and the constitution of the Development Authority.
Section 34. Power to withdraw Coal Mining Development Area from operation of this Act.
Section 45. Constitution of Coal Mining Area Development Authority for Coal Mining Development Area.
Section 56. Appointment of Secretary to the Authority.
Section 67. Term of office and conditions of service of the Chairman and the members of the Authority.
Section 78. Functions and powers of the Coal Mining Area Development Authority.
Section 89. Meeting of the Authority.
Section 910. Constitution of Consultative and Co-ordination Committees.
Section 1011. Temporary association of persons with the Authority and Consultative and Co-ordination Committee for particular purposes.
Section 1112. Staff of the Authority.
Section 1213. Preparation of present land use map and register.
Section 1314. Notice of the preparation of the map and register.
Section 1415. Power of Government in case of default of Authority to prepare the Map and Register.
Section 1516. Development Plan.
Section 1617. Preparation of the plan by the Authority and sanction thereof.
Section 1718. Power of Government to require Authority to prepare a Development Plan in respect of Coal Mining Development Area.
Section 1819. Power of Government in case of default of Authority to prepare Development Plan.
Section 1920. Approval of the Government to the publication of notice of preparation of Development Plan.
Section 2021. Public notice of the preparation of the Development Plan.
Section 2122. Approval by the Government.
Section 2223. Coming into operation of the Development Plan.
Section 2324. Modification and review of Development Plan.
Section 2425. Minor changes in the Development Plan.
Section 2526. Modifications and changes in the Development Plan to be placed on the table of the House in the State Legislature.
Section 2627. Power to acquire land, under the Land Acquisition Act, 1894.
Section 2728. Use and development of land to be in conformity with Development Plan.
Section 2829. Prohibition of Development without payment of Development charges and without permission.
Section 2930. Premission for Development.
Section 3031. Appeal against grant of permission subject to condition or refusal or permission.
Section 3132. Lapse of permission.
Section 3233. Obligation to acquire land on refusal of permission of, on grant of permission in certain cases.
Section 3334. Compensation for refusal of permission or grant of permission subject to conditions in certain cases.
Section 3435. Power of revocation and modification of permission to develop.
Section 3536. Penalty for unauthorised development or for use otherwise than in conformity with the developments.
Section 3637. Power to require removal of unauthorised development.
Section 3738. Power to stop unauthorised development.
Section 3839. Power to require removal of authorised development or use.
Section 3940. Interim provision pending preparation of Development Plan.
Section 4041. Preparation of Development Schemes.
Section 4142. Contents of the Scheme.
Section 4243. Reconstitution of plots scheme.
Section 4344. Publication of scheme.
Section 4445. Power of the Government to require the Authority to make scheme.
Section 4546. Power of the Government to suspend rule, bye-law, etc.
Section 4647. Disputed ownership.
Section 4748. Restrictions on use and development of land after publication of scheme.
Section 4849. Power to acquire land.
Section 4950. Power to purchase land or lease by agreement.
Section 5051. Magistrate to enforce delivery of possession of land.
Section 5152. Public notice of the Scheme.
Section 5253. Withdrawal of scheme by the Authority.
Section 5354. Effect of Scheme.
Section 5455. Determination of certain matters by the Authority.
Section 5556. Appeal.
Section 5657. Constitution of Tribunal of Appeal.
Section 5758. Place where Tribunal may sit.
Section 5859. Decision of Questions of law and other Questions.
Section 5960. Powers of Tribunal to decide matter finally.
Section 6061. Tribunal not to be a Court.
Section 6162. Remuneration of Assessors and payment of incidental expenses to Tribunal.
Section 6263. Decision of Authority to be final in certain matters.
Section 6364. Power of Authority to evict summarily.
Section 6465. Power to enforce Scheme.
Section 6566. Power to vary scheme on ground of error, irregularity or informality.
Section 6667. Power to vary development Scheme.
Section 6768. Apportionment of Scheme withdrawn.
Section 6869. Cost of Scheme.
Section 6970. Calculation of increment.
Section 7071. Contribution towards cost of scheme.
Section 7172. Certain amount to be added to or deducted from contribution leviable from person.
Section 7273. Transfer of rights from existing to reconstituted plot or extinction of such right.
Section 7374. Compensation in respect of property or right injuriously affected by Scheme.
Section 7475. Exclusion or limitation of compensation in certain cases.
Section 7576. Provision for cases in which amount payable to owner exceeds amount due from him.
Section 7677. Provision for cases in which value of developed plots is less than amount payable by owner.
Section 7778. Payment by adjustment of account.
Section 7879. Payment of net amount dues to Authority.
Section 7980. Power of Authority to make agreement.
Section 8081. Recovery of arrears.
Section 8182. Execution of works in the scheme by Authority.
Section 8283. Responsibility of the Authority.
Section 8384. Power of the Authority to implement schemes of other agencies including Government Departments in case of default.
Section 8485. Schemes prepare under the previous Acts.
Section 8586. Levy of Development Charge.
Section 8687. Rates of Development Charges.
Section 8788. Assessment of Development Charge.
Section 8890. Charges for Water Supply.
Section 9091. Order of Assessment.
Section 9192. Appeals against Assessment.
Section 9293. Development Charge to be a charge on land to be recoverable as arrears of land revenues.
Section 9394. Contribution from the Municipal funds.
Section 9495. Contribution from other funds.
Section 9596. Fund of the Authority.
Section 9697. Budget of the Authority.
Section 9798. Accounts and Audit.
Section 9899. Annual Reports.
Section 99100. Pension and Provident Funds.
Section 100101. Power of entry.
Section 101102. Right of user.
Section 102103. Service of notices, etc.
Section 103104. Public Notice how to be made known.
Section 104105. Notices, etc., to fix reasonable time.
Section 105106. Authentication of orders and documents of the Authority.
Section 106107. Mode of proof of records of the Authority.
Section 107108. Restriction on the summoning of officers and servants of the Authority.
Section 108109. Offences by companies.
Section 109110. Penalty for obstructing contractor or removing mark, etc.
Section 110111. Sanction of Prosecution.
Section 111112. Composition of offences.
Section 112113. Magistrate's power to impose enhanced penalties.
Section 113114. Right to appear by recognised agent.
Section 114115. Power to compel attendance of witnesses.
Section 115116. Jurisdiction of Courts.
Section 116117. Fine when realised to be paid to the Authority.
Section 117118. Members and Officers to be public servants.
Section 118119. Protection of action taken in good faith.
Section 119120. Finality of orders.
Section 120121. Validation of acts and proceedings.
Section 121122. Power to Delegate.
Section 122123. Power of Coal Area Development Authority to borrow money.
Section 123124. Control by the Government.
Section 124125. Return and information.
Section 125126. Effect of laws.
Section 126127. Power to require the owner or occupier to execute certain measures.
Section 127128. Power to make rules.
Section 128129. Power to make regulations.
Section 129130. Laying of rules and regulations before State Legislature.
Section 130131. Dissolution of Authority.
Section 131132. Repeals and Savings.
Section 132
the-bihar-coal-mining-area-development-authority-act-1986.json
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131 Sections
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Bihar
{
"id": 15741,
"slug": "the-bihar-coal-mining-area-development-authority-act-1986",
"title": "The Bihar (Coal Mining) Area Development Authority Act, 1986",
"short_title": "The Bihar (Coal Mining) Area Development Authority Act, 1986",
"act_number": "Bihar Act, 9 of 1986",
"act_year": 1986,
"act_type": "STATE",
"location": "Bihar",
"law_status": "unknown",
"enactment_date": "1970-01-01",
"description": "The Bihar (Coal Mining) Area Development Authority Act, 1986",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "1. Short title, extent and commencement.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 0
},
{
"number": "2",
"title": "2. Definitions.",
"chapter": null,
"content": "(1) 'Amenity' includes road, water-supply, street lighting, housing, drainage, sewage, public works, housing, play-fields, parks, educational Health and Medical community and recreational facilities and such other conveniences as the State Government may, by notification in Official Gazette, specify to be an amenity for the purposes of this Act;\n(2) 'Authority' means the [Mineral] Area Development Authority constituted under section 5 of this Act;\n(3) 'Building Operation' includes erection or re-erection of building or any part thereof, roofing or re-roofing of any part of a building or of any open space, any material alteration or enlargement of a Building, any alteration of a building as is likely to affect its drainage or sanitary arrangements or materially affect its security or the construction of a door opening or any street or land not belonging to the owner;\n(4) [Mineral] Development Area' means any area declared to be a [Mineral] Development Area under sub-section (1) of section 3 of this Act;\n(5) 'Court' means a principal Civil Court of original jurisdiction and includes any other civil court empowered by the Government to perform the functions of the court under this Act within the pecuniary and local limits of its jurisdiction;\n(6) 'Development' with its grammatical variations means the carrying out of building engineering, quarrying for building materials or other operations in or over or under land or the making of any material change in any building or land and includes re-development and layout and sub-division of any land and 'to develop' shall be construed accordingly;\n(7) 'Development Plan' means the draft Development Plan and the final Development Plan prepared under this Act;\n(8) 'Engineering Operations' include the formation of laying out of streets or roads or means of access to a road or laying out of means of water supply, drainage, electricity, gas, transportation and other public utility service;\n(9) 'Government' means the State Government;\n(10) 'Land' shall have the meaning as assigned to it in section 3 of the Land Acquisition Act, 1894 (Act I of 1894) and includes benefit to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth;\n(11) 'Local Authority' means any Municipal Corporation or Local body constituted under the Bihar and Orissa Municipal Act, 1922 (B. and O. Act VII of 1922) or Panchayat established under the Bihar Panchayati Raj Act, 1948 (Bihar Act VII of 1948) or any such local body constituted in any area to which this Act applied;\n(12) 'Local Newspaper' means daily newspaper recognised by the State Government published or circulated within the planning area;\n(13) 'Means of access' includes any road or means of access whether Private or Public, for vehicles or pedestrians;\n(14) 'Occupier' includes-\n(a) tenants;\n(b) an owner in occupation of, or otherwise using his land;\n(c) a rent-free tenant of any land;\n(d) a licensee in occupation of any land;\n(e) lessee or sub-lessee or any other person in occupation of land; and\n(f) any person, who is liable to pay to the owner rent, damage or any kind of payment for the use and occupation of any land.\n(15) 'Operational Construction' means such constructions as may be prescribed to be so by the State Government;\n(16) 'Owner' means a mortgagee in possession, a person, who for the time being is receiving or is entitled to receive, or has received the rent or premium for any land 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 or receiver for any other person or for any religious or charitable institution or who would so receive the rent or premium if the land were let to tenant and includes the Head of a Government Department, General Manager of a Railway, the Secretary or other Principal Officer of a Local Authority, statutory Authority or company in respect of properties under their respective control;\n(17) 'Prescribed' means prescribed by rules or regulations made under this Act;\n(18) 'Prescribed Authority' means the authority prescribed under this Act;\n(19) '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;\n(20) 'Regulation' means a regulation made under this Act by the [Mineral] Area Development Authority and includes zoning and the regulations made as part of a development plan;\n(21) 'Rule' means a rule made under this Act by the State Government;\n(22) 'Scheme' means a development scheme and includes a plan or plans together with the descriptive matters, if any, relating to such a scheme;\n(23) Words and expressions not defined under this Act shall have the same meaning as in the [Indian Mines Act, 1923] , and the Bihar and Orissa Municipal Act, 1922 [and the Bihar Agricultural Produce Market Act, 1960] .\n[(24) 'Commodity' means any commodity produced or extracted chemically or mechanically or with the help of tools and equipment driven manually or by power other than the agricultural products as specified in the list to be prepared under clause (ii) of section 90-A of this Act'\n(25) 'Market Area' means any area which may be declared as such under section 90-A of this Act;\n(26) 'Factory or Production Centre' means any place or premises or area where production or extraction of any commodity takes place;\n(27) 'Fee' means the amount chargeable under section 90-A of this Act;\n(28) 'Licence' means a licence granted under clause (iii) of Section 90-A of this Act] .\nChapter II",
"footnote": "",
"is_definition": true,
"sort_order": 1
},
{
"number": "3",
"title": "3. Declaration of the Coal Mining Development Area and the constitution of the Development Authority.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 2
},
{
"number": "4",
"title": "4. Power to withdraw Coal Mining Development Area from operation of this Act.",
"chapter": null,
"content": "(a) the relevant provisions of this Act and all notifications, rules and regulations, orders, directions and powers issued, made or conferred thereunder shall cease to apply to the said area.\n(b) the Government shall after consulting the local authority/authorities concerned frame a scheme determining what portion of the balance of the fund of the Authority shall vest in the Government and the local authority/authorities concerned and in what manner the properties and liabilities of the authority shall be apportioned between the Government and the local authority/authorities and on the scheme being notified the fund properties and liabilities of the Authority shall vest and be apportioned accordingly.",
"footnote": "",
"is_definition": false,
"sort_order": 3
},
{
"number": "5",
"title": "5. Constitution of Coal Mining Area Development Authority for Coal Mining Development Area.",
"chapter": null,
"content": "(a) A Chairman shall be a person to be appointed by the Government;\n(b) A Technical member to be appointed by the Government;\n(c) The Chief Town Planner of the Government;\n(d) The Divisional Commissioner concerned with the [Mineral Area Development Authority and the District Magistrate of the District declared as Mineral Area Development Authority under sub-section (1) of Section 3.] ;\n(e) Three members of the Bihar Legislative Assembly from the Coal Mining Development Area elected by the Bihar Legislative Assembly in the manner prescribed;\n(f) Two members nominated by the State Government of which one shall be Scheduled Caste and one shall be Scheduled Tribe;\n(g) [Two] representative of the Ministry of the Central Government dealing with [Mines and Minerals] ;\n(h) A representative of the Town and Country Planning Organisation of the Government of India;\n(i) Two representatives of the Coal Mining interests in the Coal Mining Development Area to be nominated by the Central Government;\n(j) Not more than two representatives of the local bodies in the Coal Mining Development Area to be nominated by the Government;\n(k) Secretary, Urban Development Department shall be ex officio member; and\n(l) Managing Director of the Authority, who shall be a whole time Government Officer, appointed by the Government.",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "6",
"title": "6. Appointment of Secretary to the Authority.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "7",
"title": "7. Term of office and conditions of service of the Chairman and the members of the Authority.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "8",
"title": "8. Functions and powers of the Coal Mining Area Development Authority.",
"chapter": null,
"content": "[(1a) For the purposes of performing the function mentioned in sub-section (1) it shall be lawful for any officer of the Authority-\n(i) to enter in or upon any land to make survey and to take level of such land;\n(ii) to dig or bore into the sub-soil;\n(iii) to make levels and boundaries by planting marks and cutting trenches;\n(iv) to cut down and clear away any part of any standing crop, fence or jungle where the survey cannot be completed, levels cannot be taken and boundaries can not be marked otherwise;\n(v) to examine works under construction and to ascertain the course of sewers, drains, or other utilities.]\n(a) carry out a survey of the Coal Mining Development Area and prepare reports on the surveys so carried out;\n(b) prepare an existing land use map and such other maps as may be necessary for the preparation of Development Plan;\n(c) prepare a Development Plan of the Coal Mining Development Area and to enforce and execute it;\n(d) guide, assist, advice, direct, supervise and co-ordinate development activities of all department and agencies operating within the Coal Mining Development Area;\n(e) suggest priorities to Government Department and other concerned development agencies with regard to development schemes undertaken by agencies operative within the Coal Mining Development Area;\n(f) undertake or cause to be undertaken execution of projects and schemes in the Coal Mining Development Area and supervise and co-ordinate the execution of projects and schemes by other agencies operating in the Coal Mining Development Area;\n(g) provide for the development of infrastructure facilities including roads, education, welfare of Scheduled Caste and Scheduled Tribe, water supply, electricity, drainage, etc.;\n(h) take such steps as may be necessary to prevent the sinking of towns in the Coal Mining Development Area;\n(i) bring back into an appropriate use of land under derelict mines;\n(j) exercise environment control and prevent pollution caused by or arising out of mining operations;\n(k) take such steps as may be necessary to prevent and to remove nuisance affecting public health;\n(l) regulate the disposal of sewage, rubbish and maintain public conveniences, drains, cesspools, etc., within the Coal Mining Development Area;\n(m) assess and plan for the needs of the coal mining agencies and the people in the Coal Mining Development Area and provide community facilities, maintain sanitation, health and educational facilities and promote health, safety and welfare of the public in the area;\n(n) take such steps as may be necessary and expedient to prevent the outbreak and spread of epidemic diseases and provide for the proper treatment of the sick, the establishment and maintenance of hospitals and dispensaries and the appointment of medical staff in the Coal Mining Development Area; and\n(o) perform any other function which is supplemental, incidental or consequential to any of the function aforesaid or which may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "9",
"title": "9. Meeting of the Authority.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "10",
"title": "10. Constitution of Consultative and Co-ordination Committees.",
"chapter": null,
"content": "(a) The Chairman of the Coal Mining Area Development Authority shall be the Chairman ex officio ;\n(b) All other members of Coal Mining Area Development Authority;\n(c) Engineer-in-Chief, Road/Building or any Chief Engineer authorised by him;\n(d) Engineer-in-Chief, P.H.E.D. or any Chief Engineer authorised by him;\n(e) Director of Industries;\n(f) Director of Agriculture;\n(g) Chief Conservator of Forests;\n(h) Chief Engineer, State Housing Board;\n(i) Director of Education, Director of Primary Education, Director of Secondary Education and Deputy Commissioner;\n(j) Director of Health Services;\n(k) Maximum three representatives of the labour union, recognised by the Government, relating to the Coal Mining, labour of the Coal Mining Area Development, to be nominated by the Government;\n(l) Chairman of the concerned Zila Parishad-ex officio ,\n(m) Representatives of the following Ministries/Departments:-\n(i) Railways;\n(ii) Tourism and Civil Aviation;\n(iii) Transport and Communications;\n(iv) Regional Planning, Housing and Urban Development;\n(v) Mines Safety.",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "11",
"title": "11. Temporary association of persons with the Authority and Consultative and Co-ordination Committee for particular purposes.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "12",
"title": "12. Staff of the Authority.",
"chapter": null,
"content": "Chapter III\nPreparation of present Land Use Map.",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "13",
"title": "13. Preparation of present land use map and register.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "14",
"title": "14. Notice of the preparation of the map and register.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "15",
"title": "15. Power of Government in case of default of Authority to prepare the Map and Register.",
"chapter": null,
"content": "(a) if within the period prescribed or within such period which the Government has extended, no map or register has been prepared; or\n(b) if at any time the Government is satisfied that the Authority is not taking steps necessary to prepare such a Map and Register within that period, the Government may direct the Chief Town Planner of the State to prepare the Map and the Register.\nChapter IV\nDevelopment Plan",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "16",
"title": "16. Development Plan.",
"chapter": null,
"content": "(i) Areas reserved for agriculture, public and semi-public open spaces, parks, playground, gardens and other recreational uses, green belt and natural reserve;\n(ii) Comprehensive land allocation of areas or zones for residential, commercial, industrial and other purposes;\n(iii) Complete road and street pattern and traffic circulation pattern for present and future requirements;\n(iv) Major roads and street improvements;\n(v) Areas reserved for public buildings and institutions and for new civic development;\n(vi) Areas for future development and expansion and for new housing;\n(vii) Water-supply, drainage, sewage, sewage disposal and other public utilities, amenities and services including electricity and gas;\n(viii) Proposals for flood control and prevention of water and air pollution control;\n(ix) Filling up or reclamation of low lying, swampy or unhealthy areas and levelling up of lands;\n(x) Proposals for re-development and improvement of existing built up areas;\n(xi) Preservation, conservation and development of areas of natural scenery and landscape;\n(xii) Preservation of features, structures or places of historical, industrial, architectural and scientific interest and educational value;\n(xiii) Provision for the improvement of areas of bad lay-out or obsolete development and slum areas and re-location of population;\n(xiv) Detailed development of specific areas for housing of coal miners, establishing industries, civil amenities, educational and cultural facilities;\n(xv) Preservation of erosion, provision for afforestation or reformation, improvement and re-development, waterfront areas, rivers and lakes;\n(xvi) Proposals for irrigation and hydro-electric works and other sources of water-supply;\n(xvii) Preservation of sites for new townships and other large-scale development projects which are required to be undertaken for the proper development of the Coal Mining Development Area or new towns;\n(xviii) Provision of ancillary industries development through establishment of industrial estates and industrial areas, institution for satisfactory and efficient development of infrastructure;\n(xix) Infrastructure for health, education, rural housing etc.;\n(xx) Shifting of industry and/or population from over-population and industrially congested areas and indicating the density of population or the concentration of industry and other economic activities to be allowed in any area;\n(xxi) Regulations to regulate within each zone the location, height, number of storeys and size and number of buildings and other structures, the size of yards and courts and other open spaces and the use of buildings, structures and land;\n(xxii) Such other matters as incidental to or emerging from the above.\n(i) the Union of India: the State and the local authorities or any other authority established by law and public utility concerns;\n(ii) dealing satisfactorily with the areas of bad layout or obsolete development and Slum Areas and provisions for re-location of population;\n(iii) the provision to open space, parks and playground;\n(iv) securing the use of the land in the manner specified in the Development Plan;\n(v) any of the matters as are referred to in sub-section (3);\n(vi) the Draft Development Plan as submitted to the Government shall in particular include:-\n(a) Recommendations to the Government regarding the directions to be issued to the concerned local authorities in the Coal Mining Development Area and the different departments of the Government, if any, in respect of enforcement and implementation of the proposals contained in the draft Development Plan;\n(b) A report indicating the priorities assigned to works included in the Draft Development Plan and the phasing of the programme of development as such.",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "17",
"title": "17. Preparation of the plan by the Authority and sanction thereof.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "18",
"title": "18. Power of Government to require Authority to prepare a Development Plan in respect of Coal Mining Development Area.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "19",
"title": "19. Power of Government in case of default of Authority to prepare Development Plan.",
"chapter": null,
"content": "(a) If within the period prescribed or within such period which the Government has extended, no Development Plan has been prepared; or\n(b) If at any time the Government is satisfied that the Authority is not taking steps necessary to prepare such a Development Plan within that period, the Government may direct the Chief Town Planner to prepare the Development Plan.",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "20",
"title": "20. Approval of the Government to the publication of notice of preparation of Development Plan.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "21",
"title": "21. Public notice of the preparation of the Development Plan.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "22",
"title": "22. Approval by the Government.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 21
},
{
"number": "23",
"title": "23. Coming into operation of the Development Plan.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 22
},
{
"number": "24",
"title": "24. Modification and review of Development Plan.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 23
},
{
"number": "25",
"title": "25. Minor changes in the Development Plan.",
"chapter": null,
"content": "(i) that all such changes are in the public interest, and\n(ii) that all such changes are notified to the public.",
"footnote": "",
"is_definition": false,
"sort_order": 24
},
{
"number": "26",
"title": "26. Modifications and changes in the Development Plan to be placed on the table of the House in the State Legislature.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 25
},
{
"number": "27",
"title": "27. Power to acquire land, under the Land Acquisition Act, 1894.",
"chapter": null,
"content": "Chapter V\nControl of development and use of land",
"footnote": "",
"is_definition": false,
"sort_order": 26
},
{
"number": "28",
"title": "28. Use and development of land to be in conformity with Development Plan.",
"chapter": null,
"content": "(i) Provided that the continuance of the use of any land for the purpose and to the extent for and to which it is being used on the date on which such Development Plan comes into operation, may be allowed for such period and upon such terms and conditions as may be specified by the regulations made in this behalf.\n(ii) Provided further that nothing in the section shall apply to the Coal Mines operation carried out under the provision of Coal Mines Nationalisation Act.",
"footnote": "",
"is_definition": false,
"sort_order": 27
},
{
"number": "29",
"title": "29. Prohibition of Development without payment of Development charges and without permission.",
"chapter": null,
"content": "(a) without obtaining a certificate from the Authority certifying that the development charge as leviable under this Act has been paid or that no such development charge is leviable;\n(b) without obtaining the permission in writing as provided for hereinafter:\n(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 effect the external appearance of the building;\n(ii) 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, building works carried out on land within the boundaries of such highways, road or public street;\n(iii) for the carrying out by the Central or the State Government or any local authority of any works for the purpose of inspecting, repairing or renewing any drains, sewers, mains, pipes, cables, or other apparatus including the breaking open of any street or other land for that purpose;\n(iv) for the excavation (including wells) made in the ordinary course of agricultural operations;\n(v) for the construction of unmetalled road intended to give access to land solely for agricultural purposes;\n(vi) for normal use of land which has been used temporarily for other purposes;\n(vii) 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;\n(viii) 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;\n(ix) for prospecting operations for coal and other mining however, the Authority shall be informed of the details of the proposed scheme before such operations are undertaken by the lessee, sub-lessee or the mine-owner.The Authority shall have the right to suggest suitable modifications in the scheme keeping in view the overall development of the area.",
"footnote": "",
"is_definition": false,
"sort_order": 28
},
{
"number": "30",
"title": "30. Premission for Development.",
"chapter": null,
"content": "(a) either make necessary modifications in the proposal for development to meet the objections raised by the Authority, or\n(b) submit the proposals for development together with the objections raised by the Authority to the Government for decision. When proposals and objections have been submitted no development shall be undertaken until the Government has finally decided on the matter within three months.\n(a) the Authority may pass an order within prescribed time in the following manner-\n(i) granting permission unconditionally; or\n(ii) granting permission subject to such condition as it may think fit; or\n(iii) refusing permission;\n(b) without prejudice to the generality of the foregoing clause, the Authority may impose condition-\n(i) to the effect that the permission granted is only for a limited period that after the expiry of that period, the land shall be restored to its previous condition or the use of the land permitted shall be discontinued;\n(ii) for regulating the development or use of any other land under the control of the applicant or for the carrying out of works on any such land as may appear to the Authority expedient for the purpose of the permitted development.\n(a) the provisions of the Development Plan, if it has come into operations;\n(b) any other material consideration.",
"footnote": "",
"is_definition": false,
"sort_order": 29
},
{
"number": "31",
"title": "31. Appeal against grant of permission subject to condition or refusal or permission.",
"chapter": null,
"content": "(a) granting permission unconditionally; or\n(b) granting permission subject to such conditions as it may think fit; or\n(c) removing the conditions subject to which permission has been granted and imposing other conditions, if any, as it may think fit within three months.",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "32",
"title": "32. Lapse of permission.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 31
},
{
"number": "33",
"title": "33. Obligation to acquire land on refusal of permission of, on grant of permission in certain cases.",
"chapter": null,
"content": "(a) that the land has become incapable of reasonably beneficial use in the existing state, or\n(b) in a case where permission to develop the land was granted subject to conditions that the land cannot be rendered capable of reasonably beneficial use by carrying out the permitted development in accordance with these conditions, he may within three months and in the manner prescribed by the rules, serve on the Government a notice (hereinafter referred to as an acquisition notice) requiring the Government to acquire his interest in the land.\n(a) (i) if satisfied that the conditions specified in (a) or (b) of clause (1) are not fulfilled, or\n(ii) if the order appealed against was passed on the ground of not complying with any provisions of this Act, rules or regulations that may be applicable, shall pass an order refusing to confirm the notice;\n(b) if satisfied that the condition specified in (a) or (b) of clause (1) are fulfilled regarding the land or any part of the land shall pass an order-\n(i) confirming the notice; or\n(ii) directing the Authority to grant such permission to develop the land or grant the permission subject to such condition as will keep the land capable of reasonably beneficial use.",
"footnote": "",
"is_definition": false,
"sort_order": 32
},
{
"number": "34",
"title": "34. Compensation for refusal of permission or grant of permission subject to conditions in certain cases.",
"chapter": null,
"content": "(a) the re-erection of a building which has been destroyed or demolished as long as the cubic content of the original building is not exceeded by more than one-tenth;\n(b) the enlargement, improvement or other alteration of any building which was in existence on the date, the development plan relating to the area comes into operation for the first time, so long as the cubic content of the original building is not exceeded by more than one-tenth;\n(c) the carrying out on land used for the purpose of agriculture of any building or other operation required for that purpose, other than operation for the erection, enlargement, improvement or alteration of a building for human habitation or of building used for the purpose of marketing of the produce of land;\n(d) where any part of any building or other land which, on the date of coming into operation for the first time of the development plan relating to the area, is used for a particular purpose, the use for that purpose of any additional part of the building or land not exceeding one-tenth of the cubic content of the part of the building used for that purpose on that day, or as the case may be, on the area of the land so used on that date, the owner may, within the time and in the manner prescribed by rules under this Act, claim upon the Authority, if he has not been served an acquisition notice, or if the acquisition is not confirmed by the Government under section 33, compensation for such refusal or for grant of permission subject to conditions:\n(a) where permission is refused, the\"difference between the value of the land as if the permission had been granted and the value of the land in its existing state;\n(b) where permission is granted subject to conditions, the difference between the value of the land as if the permission had been granted unconditionally and the value of the land with the permission granted subject to conditions.",
"footnote": "",
"is_definition": false,
"sort_order": 33
},
{
"number": "35",
"title": "35. Power of revocation and modification of permission to develop.",
"chapter": null,
"content": "(a) where the permission relates to the carrying out of building or other operations no such order;\n(i) shall affect such of the operations as have been previously carried out;\n(ii) shall be passed after these operations have been completed;\n(b) where permission relates to a change of use of land, no such order shall be passed at any time after the change has taken place.",
"footnote": "",
"is_definition": false,
"sort_order": 34
},
{
"number": "36",
"title": "36. Penalty for unauthorised development or for use otherwise than in conformity with the developments.",
"chapter": null,
"content": "(a) in contravention of any Development Plan;\n(b) without obtaining a certificate regarding Development change under section 29(1)(a);\n(c) without permission as required under this Act;\n(d) in contravention of any condition subject to which such permission has been granted;\n(e) after the permission for development has been revoked under section 35; or\n(f) in contravention of the permission which has been modified under section 35.",
"footnote": "",
"is_definition": false,
"sort_order": 35
},
{
"number": "37",
"title": "37. Power to require removal of unauthorised development.",
"chapter": null,
"content": "(a) in cases specified in clauses (a), (c) and (e) of section 36 to restore the land to its condition before the said development took place;\n(b) in cases specified in clauses (d) and (f) of section 36 to secure compliance with the conditions or with the permission as modified;\n(c) in case specified in clause (b) to pay the development charge and such penalty, if any, as may be prescribed by the rules.\n(a) the demolition or alteration of any building or works;\n(b) the carrying out on land, of any building or other operations; or\n(c) the discontinuance of any use of land:\n(a) apply for permission under section 30 of this Act for the retention of the land of any buildings or works or for the continuance of any use of the land, to which the notice relates; or\n(b) appeal to the prescribed Authority.\n(b) (i) The provisions of the foregoing sections 30, 31 and 32 apply in such applications with such modifications as may be necessary.\n(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 building or works or such part of the land, but shall have full effect regarding other buildings or works or other parts of the land.\n(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\n(b) (i) in the case of a notice requiring the demolition or alteration of any building or works or carrying out of any building or other operation itself cause the restoration of the land to its condition before the development took place and secure the compliance with the conditions of the permission or with the permission as modified, by taking such steps as the Authority may consider necessary including demolition or alteration of any building or works or carrying out of any building or other operations;\n(ii) the Authority may recover the cost of any expenses incurred by it in this behalf from the owner as arrears of land revenue.",
"footnote": "",
"is_definition": false,
"sort_order": 36
},
{
"number": "38",
"title": "38. Power to stop unauthorised development.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 37
},
{
"number": "39",
"title": "39. Power to require removal of authorised development or use.",
"chapter": null,
"content": "(a) that any use of land should be discontinued; or\n(b) that any condition should be imposed on the continuance thereof; or\n(c) that any building or works should be altered or removed;\n(i) require the discontinuance of that use; or\n(ii) impose such conditions, as may be specified in the notice, on the continuance thereof; or\n(iii) require such steps, as may be specified in the notice to be taken for the alteration or removal of any building or works within a period not less than one month, as may be specified therein, after the service of the notice.\n(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\n(b) who has carried out any work in compliance with the notice, claims from the 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 provisions of sub-sections (3) to (5) of section 34 shall apply with such modifications as may be necessary.\n(b) When a notice is served under the last foregoing sub-section, the provisions of sub-sections (2) to (5) of section 33 shall apply with such modifications as may be necessary.",
"footnote": "",
"is_definition": false,
"sort_order": 38
},
{
"number": "40",
"title": "40. Interim provision pending preparation of Development Plan.",
"chapter": null,
"content": "Chapter VI\nDevelopment Schemes",
"footnote": "",
"is_definition": false,
"sort_order": 39
},
{
"number": "41",
"title": "41. Preparation of Development Schemes.",
"chapter": null,
"content": "(i) Land acquisition, development and disposal of land;\n(ii) the laying out or relaying out of land, either vacant or already built upon;\n(iii) the filling up or reclamation of low-lying swampy of unhealthy areas or levelling up of land;\n(iv) lay-out of new streets or roads, construction, diversion, extension, alteration, improvement and stopping up of streets, roads and communications;\n(v) the reconstitution of plots;\n(vi) the construction alteration and removal of buildings, bridges and other structures;\n(vii) the allotment or reservation of land for roads open spaces, gardens, recreation grounds, schools, markets, industrial and commercial activities and public purposes of all kinds;\n(viii) undertaking housing schemes for different income groups, commercial areas, industrial, educational and cultural institutions, recreational facilities, retail and wholesale trade, and similar type of developments;\n(ix) drainage, inclusive of sewage, surface or sub-soil drainage and sewage disposal;\n(x) lighting;\n(xi) water-supply;\n(xii) to prevent the sinking of towns in the Coal Mining Development area;\n(xiii) flood control and anti-pollution scheme;\n(xiv) to prevent the outbreak and spread of epidemic diseases, and provisions for sanitation and proper treatment of the sick establishment and maintenance of hospitals, and dispensaries and the appointment of medical staff in the Coal Mining Area;\n(xv) detailed development of specific areas for housing of miners and provision for civic amenities;\n(xvi) the preservation and protection of object of historical importance or natural beauty and of buildings actually used for religious purpose;\n(xvii) the safety, healthy and welfare of persons within the mining settlements;\n(xviii) the imposition of conditions and restrictions in regard to the open space to be maintained around building, area for a plot, the number, height and character of buildings allowed in specified area, the purposes for which buildings or specified area may or may not appropriate, the sub-division of plots, the discontinuance of objectionable uses of land in any area in reasonably periods, parking space and loading and unloading space for any building and the sizes of projections and advertisement signs;\n(xix) 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 of the State Legislature or any of the Acts which the State Legislature is competent to amend;\n(xx) acquisition by purchase, exchange or otherwise of any property necessary for, or for the execution of the scheme;\n(xxi) such other matters not inconsistent with the objects of this Act, as may be directed by the Government.",
"footnote": "",
"is_definition": false,
"sort_order": 40
},
{
"number": "42",
"title": "42. Contents of the Scheme.",
"chapter": null,
"content": "(a) the area, ownership and tenure of all existing plots covered by the scheme;\n(b) the land allotted or reserved under clause (vii) of sub-section (2) of section 41 with a general indication of the use to which such land is to be put and the terms and conditions subject to which such lands is to be put to such uses;\n(c) a full description of all the details of the scheme under such clause of sub-section (2) of section 41 as may be applicable;\n(d) the laying out or re-laying out of the land either vacant or already built upon;\n(e) the filling up or reclamation of low-lying swampy or unhealthy areas or levelling up of land;\n(f) the extent to which it is proposed to alter the boundaries of the existing plots in accordance with the proposed scheme;\n(g) an estimate of the total cost of the scheme and the net cost to be borne by the Authority.",
"footnote": "",
"is_definition": false,
"sort_order": 41
},
{
"number": "43",
"title": "43. Reconstitution of plots scheme.",
"chapter": null,
"content": "(a) to form a final plot by reconstitution of an existing plot by alteration of the boundaries of the existing plot, if necessary;\n(b) to form a reconstituted plot from an existing plot by the transfer wholly or partly of the adjoining lands;\n(c) to provide, with consent of the owners, that two or more existing plots, held separately or jointly or in joint ownership shall, hereafter, with or without alteration of boundaries, be held in ownership of their partners as a reconstituted plot;\n(d) to allot a reconstituted plot to any owner dispossesed of land in furtherance of the scheme; and\n(e) to transfer the ownership of an existing plot from one person to another.",
"footnote": "",
"is_definition": false,
"sort_order": 42
},
{
"number": "44",
"title": "44. Publication of scheme.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 43
},
{
"number": "45",
"title": "45. Power of the Government to require the Authority to make scheme.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 44
},
{
"number": "46",
"title": "46. Power of the Government to suspend rule, bye-law, etc.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 45
},
{
"number": "47",
"title": "47. Disputed ownership.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 46
},
{
"number": "48",
"title": "48. Restrictions on use and development of land after publication of scheme.",
"chapter": null,
"content": "(a) No person shall, within the area included in the Scheme, erect or proceed with any building work, remove, pull down, alter, make additions to or make any substantial repair to any building, part of a building, a compound wall or any drainage, work or remove any earth, stone or material, or sub-divide any land or building unless such person has applied for and obtained necessary permission from the Authority in the form prescribed;\n(b) The Authority, on receipt of such application, shall at once furnish the applicant with a written acknowledgement of its receipt and may, after an enquiry, either grant or refuse such permission or grant it subject to such condition as the Authority may think fit to impose. If the Authority communicates no decision to the applicant within three months from the date of such acknowledgement, the applicant shall be deemed to have been granted such permission;\n(c) If any person contravenes the provisions contained in clause (a) or clause (b), the Authority may direct such person by notice in writing to stop any work in progress and after making enquiry in the prescribed manner, remove, pull down or alter any building or other work or restore the land in respect of which such contravention is made to its original condition;\n(d) Any expense incurred by the Authority under sub-section (c) shall be a sum due to the Authority under this Act for the person in default or the owner of the plot.\n(a) the purpose to which any plot of land may not be used has been specified, such plot of land shall within such period of not less than one year, as may be specified in the scheme cease to be used for such purposes and shall be used only For the purpose specified in the scheme;\n(b) the purpose to which any existing building may not be used has been specified, such building, shall within such period of not less than 3 years as may be specified in the scheme, cease to be used for the purpose other than the purpose specified in the scheme;\n(c) the purpose to which any plot of land with existing building may not be used has been specified in the scheme and the existence of such buildings is inconsistent with the provisions of the Scheme, such buildings shall within such period of not less than 10 years as may be specified in the scheme cease to exist:",
"footnote": "",
"is_definition": false,
"sort_order": 47
},
{
"number": "49",
"title": "49. Power to acquire land.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 48
},
{
"number": "50",
"title": "50. Power to purchase land or lease by agreement.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 49
},
{
"number": "51",
"title": "51. Magistrate to enforce delivery of possession of land.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 50
},
{
"number": "52",
"title": "52. Public notice of the Scheme.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 51
},
{
"number": "53",
"title": "53. Withdrawal of scheme by the Authority.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 52
},
{
"number": "54",
"title": "54. Effect of Scheme.",
"chapter": null,
"content": "(a) all lands required by the Authority shall, unless it is otherwise determined in such scheme, vest absolutely in the Authority free from all encumbrances;\n(b) all rights in the existing plots which have been reconstituted, shall determine and the reconstituted plots shall become subject to the rights settled by the Authority;\n(c) the Authority shall handover possession of the reconstituted plots to the owners to whom they are allotted in the scheme.",
"footnote": "",
"is_definition": false,
"sort_order": 53
},
{
"number": "55",
"title": "55. Determination of certain matters by the Authority.",
"chapter": null,
"content": "(a) define, demarcate and decide the area allotted to or reserved for the public purpose or purposes of the Authority and also the reconstituted plots;\n(b) decide the person or persons to whom a reconstituted plot is to be allotted, and when such plot is to be allotted to persons in ownership in common, decide the shares of such persons;\n(c) estimate the value of and fix the difference between the value of the existing plots and the values of the reconstituted plots included in the scheme, in accordance with the provisions contained in clause (f) of sub-section (1) of section 69;\n(d) estimate the compensation payable for the loss of the area of the existing plot in accordance with the provisions contained in clause (f) of sub-section (1) of section 69 or in respect of any existing plot which is wholly acquired under the scheme;\n(e) determine whether the areas allotted or reserved for the public purpose or purposes of the Authority are beneficial, wholly or partly, to the owners or residents within the area of the scheme;\n(f) estimate the proportion of the sums payable as compensation on each plot used, allotted or reserved for the public purpose or purposes of the Authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public, which shall be included in the costs of the scheme.\n(g) determine the proportion of contribution to be levied on each plot used, allotted or reserved for a public purpose or purposes of the Authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public;\n(h) determine the amount of exemption, if any, from the payment of the contribution that may be granted in respect of plots or portions thereof exclusively used or occupied for religious or charitable purposes at the date on which public notice of the scheme is published under section 52 of this Act;\n(i) estimate the value of reconstituted plots included in the scheme and the increment to accrue in respect of such plots in accordance with the provisions of section 70;\n(j) calculate the proportion in which the increment in respect of the reconstituted plots included in the scheme shall be liable to contribution to the cost of the scheme in accordance with the provisions contained in section 69;\n(k) calculate the contribution to be levied on each reconstituted plot included in the scheme;\n(l) determine the amount to be deducted from or added to, as the case may be, the contribution leviable from a person in accordance with the provisions contained in section 72;\n(m) provide for the total or partial transfer of any right in an existing plot to a reconstituted plot or provide for the extinction of any right in an existing plot in accordance with the provisions contained in section 73;\n(n) where a plot is subject to a mortgage with possession or a lease, decide the proportion of compensation payable to or contribution payable by the mortgagee or lessee on the one hand and the mortgager or lessor on the other;\n(o) estimate with reference to claims made before it, after the notice given by it in the prescribed manner, the compensation to be paid to the owner of any property or right injuriously affected by the making of a scheme in accordance with the provisions contained in section 74;\n(p) determine the period in which the works provided in the scheme shall be completed by the Authority:",
"footnote": "",
"is_definition": false,
"sort_order": 54
},
{
"number": "56",
"title": "56. Appeal.",
"chapter": null,
"content": "(b) Any person aggrieved by the decision in appeal of the prescribed authority in matters referred to in sub-section (1)(a) above may appeal within ninety days from the date of decision of the prescribed authority in appeal to the District Judge within the local limits of whose jurisdiction the area included in the scheme is situated.\n(c) The District Judge may transfer the appeal filed before him to the Additional District Judge for disposal.\n(d) The District Judge or the Additional District Judge, as the case may be, after making such enquiry, he may think fit, may either direct the Authority to reconsider the proposal or accept, modify, vary to reconsider the proposal or reject the proposals of the Authority and shall decide all matters arising out of clauses referred in clause (a) to sub-section (1) above.\n(e) The decision of the District Judge or the Additional District Judge, as the case may be, shall be final and conclusive and binding on all persons. A copy of the decision in appeal shall be sent to the Authority.\n(b) The provisions of sections 5,12 and 14 of the Indian Limitation Act, 1963 shall apply to appeals submitted under this section.",
"footnote": "",
"is_definition": false,
"sort_order": 55
},
{
"number": "57",
"title": "57. Constitution of Tribunal of Appeal.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 56
},
{
"number": "58",
"title": "58. Place where Tribunal may sit.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 57
},
{
"number": "59",
"title": "59. Decision of Questions of law and other Questions.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 58
},
{
"number": "60",
"title": "60. Powers of Tribunal to decide matter finally.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 59
},
{
"number": "61",
"title": "61. Tribunal not to be a Court.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 60
},
{
"number": "62",
"title": "62. Remuneration of Assessors and payment of incidental expenses to Tribunal.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 61
},
{
"number": "63",
"title": "63. Decision of Authority to be final in certain matters.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 62
},
{
"number": "64",
"title": "64. Power of Authority to evict summarily.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 63
},
{
"number": "65",
"title": "65. Power to enforce Scheme.",
"chapter": null,
"content": "(a) remove, pull down, or after any building or other work in the area included in the scheme which is such as to contravene the scheme or in the erection of which or carrying out of which, any provision of the scheme has not been complied with;\n(b) execute any work which it is the duty of any person to execute under the scheme, in any case where it appears to that Authority that delay in the execution of the work would prejudice the efficient operation of the scheme.",
"footnote": "",
"is_definition": false,
"sort_order": 64
},
{
"number": "66",
"title": "66. Power to vary scheme on ground of error, irregularity or informality.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 65
},
{
"number": "67",
"title": "67. Power to vary development Scheme.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 66
},
{
"number": "68",
"title": "68. Apportionment of Scheme withdrawn.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 67
},
{
"number": "69",
"title": "69. Cost of Scheme.",
"chapter": null,
"content": "(a) all sums payable by the Authority under the provision of this Act which are not specifically excluded from the cost of the scheme;\n(b) all sums spent or estimated to be spent by the Authority in the making and in the execution of the scheme, the estimates for works included in the scheme being made on the date the scheme is published by a public notice under section 52;\n(c) all sums payable as compensation for land reserved or allotted for any public purpose or purposes of the Authority which is solely beneficial to the owners or residents within the area of the scheme;\n(d) such portion of the sums payable as compensation for land reserved or allotted for any public purpose or purposes of the Authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public, as is attributable to the benefit according to the owners or residents within the area of the scheme from such reservation or allotment;\n(e) all legal expenses incurred by the Authority in the making and in the execution of the scheme;\n(f) all expenses incurred by the Authority on establishment for preparation and implementation of development scheme, which should not exceed more than 15 per cent of the total estimated cost of the scheme;\n(g) the amount incurred by the Authority as interest payable on the borrowings and loans taken by the Authority for preparation and development of schemes;\n(h) the amount by which the total of the values of the existing plots exceeds the total of the values of the plots included in the scheme, each of such plots being estimated at its market value on the date of the publication of the scheme under section 44 with all the buildings and works thereon and without reference to improvements contemplated in the scheme other than improvements due to the alteration of the boundaries;\n(i) if in any case the total of the values of the plots included in the final scheme exceeds the total of the values of the existing plots, each of such plots being estimated in the manner provided in clause (n) of sub-section (1), then the amount of such excess shall be deducted in arriving at the costs of the scheme as defined in sub-section (1).",
"footnote": "",
"is_definition": false,
"sort_order": 68
},
{
"number": "70",
"title": "70. Calculation of increment.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 69
},
{
"number": "71",
"title": "71. Contribution towards cost of scheme.",
"chapter": null,
"content": "(a) No such contribution shall exceed the increment estimated by the Authority to accrue in respect of each plot,\n(b) Where a plot is subject to a mortgage with possession or to a lease, the Authority shall determine in what proportion the mortgagor or lessee on the one hand and the mortgagee or lessor on the other hand, shall pay such contribution.\n(c) No such contribution shall be levied on a plot used, allotted or reserved, for a public purpose or purposes of the Authority, such plot being solely for the benefit of the owners of residents within the area of the scheme.\n(d) The contribution levied on a plot used, allotted or reserved for a public purpose of the Authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public shall be calculated in the proportion to the benefit estimated to accrue to the general public from such use, allotment of reservation.",
"footnote": "",
"is_definition": false,
"sort_order": 70
},
{
"number": "72",
"title": "72. Certain amount to be added to or deducted from contribution leviable from person.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 71
},
{
"number": "73",
"title": "73. Transfer of rights from existing to reconstituted plot or extinction of such right.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 72
},
{
"number": "74",
"title": "74. Compensation in respect of property or right injuriously affected by Scheme.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 73
},
{
"number": "75",
"title": "75. Exclusion or limitation of compensation in certain cases.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 74
},
{
"number": "76",
"title": "76. Provision for cases in which amount payable to owner exceeds amount due from him.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 75
},
{
"number": "77",
"title": "77. Provision for cases in which value of developed plots is less than amount payable by owner.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 76
},
{
"number": "78",
"title": "78. Payment by adjustment of account.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 77
},
{
"number": "79",
"title": "79. Payment of net amount dues to Authority.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 78
},
{
"number": "80",
"title": "80. Power of Authority to make agreement.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 79
},
{
"number": "81",
"title": "81. Recovery of arrears.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 80
},
{
"number": "82",
"title": "82. Execution of works in the scheme by Authority.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 81
},
{
"number": "83",
"title": "83. Responsibility of the Authority.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 82
},
{
"number": "84",
"title": "84. Power of the Authority to implement schemes of other agencies including Government Departments in case of default.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 83
},
{
"number": "85",
"title": "85. Schemes prepare under the previous Acts.",
"chapter": null,
"content": "Chapter VII\nLevy Assessment and Recovery of Development Charge [Tax] etc.",
"footnote": "",
"is_definition": false,
"sort_order": 84
},
{
"number": "86",
"title": "86. Levy of Development Charge.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 85
},
{
"number": "87",
"title": "87. Rates of Development Charges.",
"chapter": null,
"content": "(i) Industrial;\n(ii) Commercial;\n(iii) Residential;\n(iv) Agricultural;\n(v) Miscellaneous;\n(vi) Educational;\n(vii) Health and Medical Care; and\n(viii) Drinking Water Supply.",
"footnote": "",
"is_definition": false,
"sort_order": 86
},
{
"number": "88",
"title": "88. Assessment of Development Charge.",
"chapter": null,
"content": "(a) where permission under Chapter V has not been granted for carrying out the said development, the Authority may postpone the assessment of the Development Charge;\n(b) where the application relates to the carrying out of any development, the 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 Authority considers appropriate;\n(c) where the applicant relates to the substitution or change of any use, the 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 Authority consider appropriate.\n[89. Levy of tax on use of land for other than agricultural and residential purposes.",
"footnote": "",
"is_definition": false,
"sort_order": 87
},
{
"number": "90",
"title": "90. Charges for Water Supply.",
"chapter": null,
"content": "(a) on its own notion, if it considers that such supply is necessary for the preservation of public health;\n(b) on application from the citizens of such area, village or place; or\n(c) on application from any local authority charged with administration of or empowered to make provision or the supply of water to such town, village or place on such conditions and in such manner as the Government may prescribe by rules made from time to time in this behalf.\n(i) the owner of a colliery supplied at such rate not being less than Rupees [Sixteen] per thousand gallons subject to revision by the Government from time to time.\n(ii) the owner of premises supplied at such rates as may be determined by the Government in this behalf, but not exceeding Rupees [Sixteen] per thousand gallons.\n[90A.\n(i) Market-fee shall be chargeable on sale or transaction of any commodity at a rate which may, by the State Government in the Official Gazette, be determined from time to time:\n(ii) The Authority may, with the approval of the State Government, make a list of such chargeable commodities and may add, amend or cancel any of the items of commodity specified in the said list, by notification in the Official Gazette:\n(iii) A person or Commercial concern engaged in the sale, transaction or trade of commodities specified in the list as mentioned in clause (ii) shall be required to obtain a licence from the Authority concerned, on payment of fee to be prescribed:\n[90B.",
"footnote": "",
"is_definition": false,
"sort_order": 88
},
{
"number": "91",
"title": "91. Order of Assessment.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 89
},
{
"number": "92",
"title": "92. Appeals against Assessment.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 90
},
{
"number": "93",
"title": "93. Development Charge to be a charge on land to be recoverable as arrears of land revenues.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 91
},
{
"number": "94",
"title": "94. Contribution from the Municipal funds.",
"chapter": null,
"content": "(i) All the Local bodies of the area notified under sub-section (2) of section 1 of the Act shall pay from their Municipal funds to the Authority on the first day of each quarter, so long as the Authority continues to exist, a sum equivalent to one and a half percentum per quarter on the actual quarterly collection made on the basis of the annual rateable valuation determined under the Bihar and Orissa Municipal Act, 1922 (B. & O. Act VII of 1922) and the Patna Municipal Corporation Act, 1951 (Bihar Act XII of 1952) and the quantity of the said actual quarterly collection stood would be the same as on the first day of the last preceding quarter, provided that if this Act comes into force during a quarter, the amount of the first of such payment shall be at such proportion of the sum payable here under as the unexpired portion of the quarter bears to the whole quarter.\n(ii) The payment prescribed by clause (i) shall be made with priority to all other payments due from the municipality except those referred to in section 67 of the Bihar and Orissa Municipal Act, 1922 (B. and O. Act VII of 1922) and the local bodies shall submit quarterly returns in prescribed form to the Authority within 30 days from the close of the quarter.\n(iii) If payment prescribed by clause (i) cannot, in the opinion of the State Government, be made without increasing maximum amount authorised by sections 81, 85, 86 or 86A of the Bihar and Orissa Municipal Act, 1922 (B. and O. Act VII of 1922) and section 89 of the Patna Municipal Corporation Act, 1951, then that maximum amount may be increased to such extent as may, in the opinion of the State Government be necessary to secure the due making of such payment.",
"footnote": "",
"is_definition": false,
"sort_order": 92
},
{
"number": "95",
"title": "95. Contribution from other funds.",
"chapter": null,
"content": "Chapter VIII\nFinance Accounts and Audit",
"footnote": "",
"is_definition": false,
"sort_order": 93
},
{
"number": "96",
"title": "96. Fund of the Authority.",
"chapter": null,
"content": "(a) all money received by the Authority from the Government by way of grants, loans, advances, or otherwise;\n(b) all Development Charges or other charges or Costs, Fees received by the Authority under this Act or rules or regulations thereunder;\n(c) the proceeds of the tonnage cess on the annual despatches of Coal and Coke from mines;\n(d) the proceeds of the sale of water to consumers;\n(e) all sums borrowed by the Authority under section 123;\n(f) all receipts in respect of any school or institution or work vested in or under the control and administration of the Authority;\n(g) contribution from such local Authority/Authorities of the area included in the Coal Mining Development Area of the Authority;\n(h) contribution from Panchayat funds, agriculture market-yards and other sources such as irrigation tax, water tax, etc., as approved by the State Government from time to time.\n(i) The duty imposed by the Indian Stamp Act, 1899 (Act II of 1899) as modified from time to time in its application to the State of Bihar on instruments of sale, gifts and usufructuary mortgage of immovable property situated in Coal Mining Development Area as declared under section 3 of this Act and executed on or after the date of which the provisions of this Act comes into force in such area, be increased by 5 per cent on the value of the property transferred by the instrument or (in the case of the usufructuary mortgage) on the amount secured by the instrument, set forth in the instrument;\n(ii) All collections resulting from the aforesaid increase in Stamp Duty shall, after deducting incidental expenses (if any), be paid to the Authority by such time as may be directed by the State Government.\n(a) the expenditure incurred in the performance of all functions under this Act;\n(b) the expenditure for such other purposes as the Government may direct.",
"footnote": "",
"is_definition": false,
"sort_order": 94
},
{
"number": "97",
"title": "97. Budget of the Authority.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 95
},
{
"number": "98",
"title": "98. Accounts and Audit.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 96
},
{
"number": "99",
"title": "99. Annual Reports.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 97
},
{
"number": "100",
"title": "100. Pension and Provident Funds.",
"chapter": null,
"content": "Chapter IX\nSupplementary in Miscellaneous Provisions",
"footnote": "",
"is_definition": false,
"sort_order": 98
},
{
"number": "101",
"title": "101. Power of entry.",
"chapter": null,
"content": "(a) constructing, maintaining, repairing, renewing, altering, enlarging and extending reservoirs, mains, pipes and other works upon or under land;\n(b) taking intercepting and impounding any water flowing from any land;\n(c) making any enquiry, inspection, measurement or survey or taking levels of such land or building;\n(d) setting out boundaries and intended lines of parts;\n(e) making such levels, boundaries and lines by placing parks and cutting trenches;\n(f) examining works under construction and ascertaining the course of sewers and drains;\n(g) digging or boring into the sub-soil;\n(h) ascertaining whether any land is being or has been developed in contravention of any provision of this Act or rules or regulations thereunder; and\n(i) doing any other act necessary for the efficient administration of this Act:\n(i) in the case of any building used as dwelling house or upon any enclosed part or garden attached to such a building, no such entry shall be made (unless with the concert of the occupier thereof) without giving such occupier at least 24 hours notice in writing of the intention to enter;\n(ii) sufficient opportunity shall, in every instance be given to enable women (if any), to withdraw from such land or building;\n(iii) due regard shall always be had, so far as may be compatible with the exigencies of the purpose of which the entry is made, to the social and religious usages of the occupants of the land or building entered.",
"footnote": "",
"is_definition": false,
"sort_order": 99
},
{
"number": "102",
"title": "102. Right of user.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 100
},
{
"number": "103",
"title": "103. Service of notices, etc.",
"chapter": null,
"content": "(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 head of the Government Department, General Manager of the Railways, 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-\n(i) sent by registered post to such officer, or\n(ii) delivered at such officer.\n(b) where the person to be served is in a partnership, if the document is addressed to the partnership at its principal place of business, identifying it by the name or style under which its business is carried on and is either-\n(i) sent by registered post, or\n(ii) delivered at the said place of business;\n(c) In any other case, if the document is addressed to the person to be served and-\n(i) is given or tendered to him, or\n(ii) if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business, or is given or rendered to some adult member of his family or is affixed on some conspicuous part of the land or building to which it relates, or\n(iii) is sent by registered post to that person.\n(a) if the document so addressed is sent or delivered in accordance with clause (c) of sub-section (1); or\n(b) if the document so addressed or a copy thereof so addressed, is delivered to some person on the land or building.",
"footnote": "",
"is_definition": false,
"sort_order": 101
},
{
"number": "104",
"title": "104. Public Notice how to be made known.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 102
},
{
"number": "105",
"title": "105. Notices, etc., to fix reasonable time.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 103
},
{
"number": "106",
"title": "106. Authentication of orders and documents of the Authority.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 104
},
{
"number": "107",
"title": "107. Mode of proof of records of the Authority.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 105
},
{
"number": "108",
"title": "108. Restriction on the summoning of officers and servants of the Authority.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 106
},
{
"number": "109",
"title": "109. Offences by companies.",
"chapter": null,
"content": "(a) \"Company\" means a body corporate and includes a firm or other association of individuals; and\n(b) \"Director\" in relation to a firm means a partner in the firm.",
"footnote": "",
"is_definition": false,
"sort_order": 107
},
{
"number": "110",
"title": "110. Penalty for obstructing contractor or removing mark, etc.",
"chapter": null,
"content": "(a) obstructs, interfere or misbehave any person engaged or employed by the Authority or any person with whom the Authority has entered into a contract, in the performance or execution by such person of his duty or of anything such he is empowered or required to do under this Act, or\n(b) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorised under this Act, or\n(c) maliciously, wilfully or negligently breaks, injures or opens, any lock, check valve, pipe or other works belonging to the Authority, or\n(d) unlawfully obstructs the flow of flushes, draws off directs, or takes water from any water works, or\n(e) tampers with electric and water meters dishonestly to prevent them from registering the quantity supplied.\n(j) he shall be punishable with fine which may extend two hundred rupees or with imprisonment for a term which may extend to two months.",
"footnote": "",
"is_definition": false,
"sort_order": 108
},
{
"number": "111",
"title": "111. Sanction of Prosecution.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 109
},
{
"number": "112",
"title": "112. Composition of offences.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 110
},
{
"number": "113",
"title": "113. Magistrate's power to impose enhanced penalties.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 111
},
{
"number": "114",
"title": "114. Right to appear by recognised agent.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 112
},
{
"number": "115",
"title": "115. Power to compel attendance of witnesses.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 113
},
{
"number": "116",
"title": "116. Jurisdiction of Courts.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 114
},
{
"number": "117",
"title": "117. Fine when realised to be paid to the Authority.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 115
},
{
"number": "118",
"title": "118. Members and Officers to be public servants.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 116
},
{
"number": "119",
"title": "119. Protection of action taken in good faith.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 117
},
{
"number": "120",
"title": "120. Finality of orders.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 118
},
{
"number": "121",
"title": "121. Validation of acts and proceedings.",
"chapter": null,
"content": "(a) the existence of any vacancy in, or any defect in the constitution of, the Coal Area Development Authority; or\n(b) any person having ceased to be a member; or\n(c) any person associated with the Authority under the provisions of this Act having voted in contravention of the said section; or\n(d) the failure to serve a notice on any person where no substantial injustice has resulted from such failure; or\n(e) any commission, defect or irregularity not affecting the merits of the case.",
"footnote": "",
"is_definition": false,
"sort_order": 119
},
{
"number": "122",
"title": "122. Power to Delegate.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 120
},
{
"number": "123",
"title": "123. Power of Coal Area Development Authority to borrow money.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 121
},
{
"number": "124",
"title": "124. Control by the Government.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 122
},
{
"number": "125",
"title": "125. Return and information.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 123
},
{
"number": "126",
"title": "126. Effect of laws.",
"chapter": null,
"content": "(a) When permission of development in respect of any land has been obtained under this Act, such development shall not be deemed to be unlawfully undertaken or carried out by reason only of the fact that permission, approval or sanction required under such other law for such development has not been obtained; this shall not, however, be construed as exemption to permission being obtained as required under such other laws and of payments of such fees and charges as may be prescribed by these laws.\n(b) When permission for such development has not been obtained under this Act such development shall not be deemed to be lawfully undertaken or carried out by reason only of the fact that permission, approval or sanction required under such other law for such development has been obtained.",
"footnote": "",
"is_definition": false,
"sort_order": 124
},
{
"number": "127",
"title": "127. Power to require the owner or occupier to execute certain measures.",
"chapter": null,
"content": "(i) to execute within a period to be fixed in the notice, such works which the Authority may consider necessary for carrying such measures into effect and to maintain in good repair all works so executed;\n(ii) to carry on such continuous or periodical operations as the Authority may direct for carrying such measures into effect.",
"footnote": "",
"is_definition": false,
"sort_order": 125
},
{
"number": "128",
"title": "128. Power to make rules.",
"chapter": null,
"content": "(a) the functions and powers of the Authority;\n(b) the term of office and conditions of service of the members of the Authority;\n(c) the qualification and disqualification for being chosen as, and for being members of the Authority;\n(d) the manner of nomination of representatives of local authorities under clause (i) of sub-section (3) of section 5;\n(e) the manner in which and the purpose for which the Authority may associate with itself any person under the provisions of this Act;\n(f) the control and restriction in relation to the appointment of officer and other employees of the Authority;\n(g) the time within which the Government is to accord approval to any Development Plan and Development Scheme;\n(h) the form and content of the Development Plan and the Development Scheme and the procedure to be followed in connection with the preparation, submission and approval of such plans, scheme and the form and the manner of publication of the notice relating to such Plan and Scheme;\n(i) the periodical amendment of Development Plans, upon the expiration of the period of which such an amendment may be made;\n(j) the form of registration of application and the particulars to be contained in such register;\n(k) the form in which any application for permission for development shall be made, the particular to be furnished in such appointment and documents and plans which shall accompany such application;\n(l) manner of filing, and the fees to be paid for and the procedure to be followed in appeals;\n(m) 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;\n(n) the procedure for the levy of Development Charges and exemption from it on any development or institution or change of any use of any land;\n(o) the manner in which application For the assessment of Development Charge is to be made;\n(p) the sum of money that may be kept in Current Account;\n(q) the form of the budget of Authority, the date on or before which it shall be prepared, the manner of preparing it, and number of copies that have to be sent to the Government;\n(r) the form of the annual statement of accounts and balance-sheet;\n(s) the form of the annual report of the Authority and date on or before which it shall be submitted to the Government;\n(t) the manner and the constitution of provident funds for the whole time paid members and officers and other employees of the Authority and the conditions subject to which such funds may be constituted;\n(u) the document of which copies may be granted, and the fees for such copies;\n(v) prescribing the matters in respect of which notices, returns and reports shall be furnished by the owners and occupiers of land and building, the form of such notices and particulars to be contained in them;\n(w) providing for the supply of filtered or boiled or other water and for sanitation and conservancy in the Coal Mining Development Area;\n(x) providing against the accumulation of foul water;\n(y) regulating the construction and sanitation of houses;\n(z) providing for the prevention or abatement of nuisances affecting the public health committed by any person within the Coal Mining Development Area;\n(za) providing for the disposal of sewage, offensive matters, rubbish and the maintenance of urinals, latrines, cesspools and other generally for carrying out the provisions of this Act for promoting the health, safety and welfare of the people in the Coal Mining Development Area;\n(zb) prescribing the pressure at which water supply by the Authority is to be laid and the hours during which such pressure is to be maintained;\n(zc) periodical analysis by a qualified analyst of the water supplied by the Authority and the action to be taken on his report;\n(zd) management of reservoir, filter beds and other works;\n(ze) providing for the supply of water through stand pipes or any other source for domestic consumption and for other than domestic purposes;\n(zf) providing for the installation, testing and replacement of meters for water supply and electricity and for measuring and recording the amount consumed;\n(zg) providing for the determination of rates for tonnage cess and the manner for recovery of this cess;\n(zh) providing for the prevention of outbreak of epidemic disease and the construction of isolation huts and hospitals;\n(zi) prescribing medical assistance to be provided to labourers of the coal mines and the appointment of medical staff;\n(zj) providing for the approval of plans for new buildings including houses for miners by Medical-Officers; and\n(zk) any other matters which has to be or may be prescribed by rules.",
"footnote": "",
"is_definition": false,
"sort_order": 126
},
{
"number": "129",
"title": "129. Power to make regulations.",
"chapter": null,
"content": "(a) the time and place of holding and procedure to be followed in, meetings of the Authority, Consultative and Co-ordination Committee, the number of members necessary to form a quorum therein;\n(b) the powers and duties of the officers and employees of the Authority;\n(c) the salaries, allowances and conditions of service of its officers and employees;\n(d) the terms and conditions for the continuance of use of any land used otherwise than in conformity with a Development Plan;\n(e) preventing the waste, undue consumption, misuse or contamination of water and prescribing water meters; and\n(f) any other matter which has to be or may be prescribed by rules.",
"footnote": "",
"is_definition": false,
"sort_order": 127
},
{
"number": "130",
"title": "130. Laying of rules and regulations before State Legislature.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 128
},
{
"number": "131",
"title": "131. Dissolution of Authority.",
"chapter": null,
"content": "(a) all properties, funds and dues which are vested in, or realisable by, the Authority shall vest in, or be realisable by the Government;\n(b) all liabilities which are enforceable against the Authority shall be enforceable by the Government; and\n(c) for the purpose of realising properties, funds and dues referred to in clause (a) the functions of the Authority shall be discharged by the Government.",
"footnote": "",
"is_definition": false,
"sort_order": 129
},
{
"number": "132",
"title": "132. Repeals and Savings.",
"chapter": null,
"content": "(a) subject to the scrutiny of the requirements of the Authority assessed by an officer appointed by the State Government, every such officer or other employees serving with Coal Mines Development Area under the various authorities/organisations set-up under the Acts listed in sub-section (1) of this section immediately before the date of the constitution of the Authority and proposed to be retained by the Authority shall, on and from such date be deemed to have been transferred to and become an officer or other employees of the Authority with such designation as the Authority may determine and may hold office by the same tenure, at the same remuneration and on the same terms and conditions of service as he would have held if the Authority had not been constituted, and shall continue to do so unless and until such tenure, remuneration and terms and conditions are duly altered by the Authority:\n(b) anything done (including any appointment, rule, bye-laws, regulation of form made, granted or issued) under various acts listed in subsections (1) and (2) of this section shall, so far as it is not inconsistent with the provisions of this Act continue in force and be deemed to have been done or taken under the provisions of this Act unless and until it is superceded by anything done or any action taken under the said provisions;\n(c) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the various authorities/organisations set up under the acts listed in subsections (1), (2) of this section shall be deemed to have been incurred, entered into or engaged to be done by, with or for the Authority;\n(d) all properties movable and immovable and all rights, title and interest in any property vested in the authorities/organisations set up under the acts listed in sub-sections (1), (2) of this section shall vest in the Authority and all properties in possession of such authorities/ organisations shall be deemed to be due to the Authority;\n(e) all suits, prosecution, and other legal proceedings instituted or which might have been instituted by, for, or against the authorities/ organisations set up under the acts listed in sub-sections (1), (2) of this section may be continued or instituted by, for or against the Authority;\n(f) all sums charged on any property under various acts listed in subsections (1), (2) of this section or the rules or regulations framed thereunder shall continue to be charged on that property and the charge shall be enforceable by the Authority;\n(g) from the date the Authority comes into existence it will have the same right as the various authorities/organisations set up under the acts listed in sub-sections (1), (2) of this section had in all lands within the area notified under section 3 of this Act which were previously held by the aforesaid various authorities/organisations on lease from the State Government for a certain period or the possession of which has been delivered to the aforesaid authorities/organisations;\n(h) all lands within the area notified under section 3 of this Act held by any person on leases from the various authorities/organisations set up under the acts listed in sub-sections (1), (2) of this section under a registered deed or lease for residential purpose (and not for commercial purpose or commercial-cum-residential purpose) shall be deemed to be vested in him as perpetual lease on payment of fee to the Authority at the rate of one rupee per square metre;\n(i) the Authority shall continue to enjoy the powers to realise the various sources of income in terms of levies, fees, cess, etc. otherwise empowered to be realised by various authorities/organisations set up under the acts listed under sub-sections (1), (2) of this section under their respective acts and rules and regulations framed thereunder as if the said authorities/organisations were still functioning under their respective statutes until the same are amended by the Authority from time to time.",
"footnote": "",
"is_definition": false,
"sort_order": 130
}
],
"metadata": {
"Act ID": "bh109",
"Act Number": "Bihar Act, 9 of 1986",
"Enactment Date": "24 of 1992",
"Act Year": "1986",
"Short Title": "The Bihar (Coal Mining) Area Development Authority Act, 1986",
"Type": "STATE",
"Location": "Bihar"
},
"updated_at": "2026-09-29 21:55:19"
}