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Bihar Regional Development Authority Act, 1974

(Bihar Act No. 40 of 1982)

Last Updated 4th February, 2020 [bh656]

Chapter I

Preliminary

(a) 'amenity' includes road, water-supply, street lighting, drainage, sewerage, public works, housing, play-fields, parks, educational, community and recreational facilities and such other convenience as the State Government may, by notification in the official Gazette, specify to be an amenity for the purposes of this Act;

(b) 'Authority means the Regional Development Authority constituted under section 3 of the Act;

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

(d) 'building operation' includes erection or re-erection of a building, or any part thereof, roofing or re-roofing of any part of a building, or of any open space, any material alteration of enlargement of a building, any such alteration of a building as is likely to affect an alteration of its drainages or sanitary arrangements or materially affect its security, or the construction of a door opening on any street or land not belonging to the owner.

(e) ^^ifjpkyu lfUuekZ.k** ls vfHkizsr gS vLFkk;h ok LFkk;h ,slk dksbZ lfUuekZ.k tks fuEufyf[kr fdUgha lsokvksa ds izpkyu] vuqj{k.k] fodkl ;k fu"iknu ds fy, vko';d gks&

(i) jsyos]

(ii) jk"V~h; egkekxZ

(iii) jk"V~h; tyekxZ]

(iv) egkiru~ cM+s cUnjxkg]

(v) gokbZ ekxZ vkSj gokbZ vM~M+k]

(vi) fo|qr ds fy, {ks=h; fxzM+]

(vii) vU; ,slh dksbZ lsok ftls ljdkj ;fn mldh jk; esa ,slh vU; lsok izpkyu] vuqj{k.k] fodkl ;k fu"iknu lkeqnkf;d thou ds fy, vfuok;Z vf/klwpuk ds tfj;s mDr [k.M+ ds iz;kstukFkZ lsok ?kksf"kr djsaA

(i) jsyos dh n'kk esa] xsV] ykt] vLirky] Dyc] laLFkk] Ldwy] jsyos dkyksuh lM+d] ukyh tSls izpkyu ls lEcfU/kr lfUuekZ.k dks NksM+dj u;s vkokls Hkouksa dk lfUuekZ.k] vkSj

(ii) fdlh vU; lsok dh n'kk esa dksbZ Hkou] ubZ ljapuk ;k u;s vf/k"Bk baLVksys'ku ;k mldk foLrkjA

(f) 'Chairman' means the Chairman of the Authority;

(g) 'development' with its grammatical variations means the carrying on of building building, engineering, mining or other operations in or over or under land or the making of any material change in any building of land and includes re-development and layout and subdivision of any land and 'to develop' shall be construed accordingly;

(h) 'Development Area' means any area declared to be development area under sub-section (1) of section 8;

(i) 'engineering operations' include the formation or laying out of street or road or means of access to a road or the laying out of means of water-supply, drainage, electricity, gas, transportation and other public utility services;

(j) 'Master Plan' means the plan prepared by the Authority under sections 17 and 18;

(k) 'Khas Mahal land' means land vested in the State of Bihar;

(l) ^Hkwfe* in esa Hkwfe ls] vkSj Hkwfe ds lkFk layXu ;k Hkwfe ds lkFk layXu fdlh oLrq ds lkFk LFkk;h :i ls tdM+h gqbZ oLrqvksa ls mn~Hkwr Qk;ns 'kkfey gSA

(m) 'Local Authority' means any Municipal Corporation, a local body constituted under Bihar and Orissa Municipal Act,1992 (B. & O. Act VII of 1922) or Panchayat established under the 1[Bihar Panchayati Raj Act (Bihar Act VII of 1948) or any such local body constituted in any region to which this Act applies;

(n) 'means of access' includes any road or means of access, whether private or publice, for vehicles or pedestrians;

(o) 'Regulation' means a regulation made under this Act by the Regional Development Authority constituted under section 3;

(p) 'Rule' means a rule made under this Act by State Government;

(q) 'Region' means any area declared as such under sub-section (2) of section 1 or sub-section (1) of section 8;

(r) 'Regional Plan' means the plans prepared by the Authority under section 16;

(s) 'Vice-Chairman' means the Vice-Chairman of the Authority;

(t) 'Zone' means any one of the divisions in which the Development Area may be divided for the purpose of development under this Act;

(u) 'Zonal Development Plan' means the plans prepared by the Authority under section 19;

(v) 'Urban Area' means the standard urban area as defined in the Census Act, 1948, (Act 37 of 1948).

Chapter II

The Regional Development Authority and its Object

(a) a Chairman, who shall be the Minister of the Urban Development Department of the State of Bihar or any person nominated by the State Government and his tenure shall by generally of three years;

(b) Vice Chairman, to be appointed by the State Government;

(c) a planning Member who shall be the Chief Town Planner, Bihar, or his nominee not below the rank of Assistant Town Planner (Ex-officio):

(d) {ks=h; izkf/kdkjksa esa iM+us okys LFkkuh; fodk;ksa ds lnL;ksa ds chp ls rhu izfrfuf/k ftuesa ,d v/;{k ,d vuqlwfpr tkfr ;k vuqlwfpr tutkfr ds lnL; vkSj ,d efgyk gksxh] tks jkT; ljdkj }kjk uke funsZf'kr fd, tk,a

(e) two other persons to be nominated by the State Government of whom one shall be a person of administrative or technical experience and the other shall be a social scientist;

(f) Administrator/Chief/ Executive Officer of the Municipal Corporation of Executive Officer/Special Officer of the Municipal situated at the Headquarters of the Regional Development Authority;

(g) Chairman, Bihar State Housing Board or his nominee who should not be below the rank of 'Executive Engineer (Ex-officio);

(h) Not more than three members of the Bihar Legislative of the Regional Development Area nominated by the State Government;

(i) Collector or Deputy Development Commissioner-cum-Chief Executive Officer of the district, to be nominated by the State Government (Ex-officio);

(j) Chief Engineer, Public Health Engineering Department or his nominee not below the rank of Executive Engineer (Ex-officio);

(k) Chief Engineer, Public Works Department or his nominee not below the rank of Executive Engineer (Ex-officio);

(l) Secretary, Urban Development Department or his nominee not below the rank of Deputy Secretary (Ex-officio);

(a) has been convicted by a Criminal Court for offence involving moral turpitude, unless such conviction has been set aside;

(b) is an applicant to be adjudicated a bankrupt or insolvent, or is an un-certificated bankrupt or undischarged insolvent;

(c) has, directly or indirectly, by himself or by any partner, employer or employee any share or interest, any contract or employment with, by or on behalf of the Authority;

(d) is a director, or a secretary, or a manager or other salaried officer of any incorporated company which has any share or interest in any contract or employment with by, or on behalf of, the Authority : or

(e) is of unsound mind.

(a) if he has, without the permission of the Authority been absent from more than three consecutive meetings of the Authority, or

(b) if he, being a legal practitioner, acts or appears on behalf of any person other than the Authority in any Civil, Criminal or other legal proceeding in which the Authority is interested, either as a party or otherwise, or

(c) if he has, in the opinion of the Government, contravened the provisions of section 10, or

(d) if he, in the opinion of the Government, had become physically or mentally unable to act as a member :

(a) has directly or indirectly, by himself or any partner, employer or employee, any such share or interest in respect of any matter; or

(b) has acted professionally, in relation to any matter, on behalf of person having therein any such share as interest (sic) shall not vote or take part in any proceeding of the Authority or any Committee relating to such matter.

(i) he shall at a meeting relating to such area of the Authority or any Committee inform the person presiding, of the nature of such interest which shall be recorded in the minutes of the meeting.

(ii) he shall not take part in any proceeding relating to such area at a meeting of the Authority or any Committee.

Chapter III

Responsibilities, Powers and Functions of the Authority

(a) land acquisition and development of land;

(b) general improvement, works including laying and relating or modifying the streets, roads and drainage, disposal of sewage;

(c) plot reconstitution schemes;

(d) Housing Schemes including sub-urban and rural housing;

(e) Slum Clearance and Slum Improvement Schemes;

(f) Transportation schemes including riverine transport;

(g) schemes for supplying essential services like water, cooking gas, electricity, etc;

(h) schemes for provision of community facilities like retail and wholesale trade, hospitals educational and cultural institutions, recreational facilities (sic)

(i) anti pollution schemes;

(j) afforestation, gardening or any other schemes for improvement of the environmental conditions;

(k) schemes for industrial business and other commercial activities.

(a) bl vf/kfu;e ;k fdlh vU; vf/kfu;e ds micU/kksa ds v/khu ;k vU; fuf/k izkIr djuk vkSj fofufnZ"V jhfr ls {ks= ds fodkl ds iz;kstukFkZ mldk mi;ksx izkIr djuk vkSj fofufnZ"V jhfr ls {ks= ds fodkl ds iz;kstukFkZ mldk mi;ksx djuk

(b) to specify the development projects for the implementation of which any fund referred to in clause (a) of this sub-section shall, subject to such conditions and restrictions as the Authority may impose, be applied by any Municipal or other authority or body corporate ;

(c) to provide for the setting up of planning information and storage retrieval systems which may be upto-dated frequently;

(d) to perform such other functions as may be prescribed by the State Government.

(a) to enter in or upon any land to make survey and to take level of such land;

(b) to dig or bore into the sub-soil;

(c) to mark levels and boundaries by placing marks and cutting trenches;

(d) where the survey cannot be completed, levels cannot be taken and boundaries cannot be marked otherwise, to cut down and clear away any part of any standing crop, fence or jungle;

(e) to examine works under construction and to ascertain the course of sewers, drains or other utilities;

(a) the acquisition by purchase, exchange, lease or otherwise of any property necessary for or affected by the execution of the scheme;

(b) the laying or relaying of any streets or roads comprised in the (sic);

(c) the distribution or redistribution of sites belonging to owners of the property comprised in the scheme;

(d) the closure or demolition of dwellings or portions of dwelling or any type of construction including drains, supply mains, etc unfit or dangerous for human habitation ; and

(e) the demolition of obstructive buildings or for portions of buildings or streets or any type of construction.

Chapter IV

Regional Plan, Master Plan and Zonal Development Plan.

(a) allocation of land for different uses, general distribution and general locations of land, and the extend to which the land may be used for residential, industrial, commercial or agricultural purposes or for, Government and other offices or as forest or for mineral exploitation;

(b) reservation of areas for open spaces, gardens, recreation grounds, zoological gardens, nature reserves, animal sanctuaries, dairies, compost pits and health resorts ;

(c) transport and communications, such as roads, highways, railways, waterways, canals and airports including their development and extension;

(d) water supply, drainage, sewerage, sewage disposal and other public utilities, amenities and services including electricity and gas ;

(e) infrastructure for health, education, rural housing, etc;

(f) reservation of site, for new towns, industrial estates/areas and any other large-scale development or project which is required to be undertaken for the proper development of the region or new town;

(g) preservation, conservation and development of areas of historical, natural scenery, forest wild life, natural resources and landscaping;

(h) preservation of objects, features, structure or places of historical natural, architectural or scientific interest and educational value;

(i) areas required for military and defence purposes;

(j) preservation of erosion, provision of afforestation or deforestation, improvement and re-development for water front areas, rivers and takes;

(k) proposals for irrigation, water-supply and hydro-electric works, flood control and prevention of pollution of river and other sources of water supply;

(l) shifting of population, or industry from over populated and indicating congested areas, and indicating the density of population or concentration of industry and other economic activity to be allotment in any area;

(m) recommendations to the State Government regarding the direction to be issued to the local authorities in the region and different apartment of the State and Central Government in respect of forcement and implementation of the proposals contained in the Regional Plan.

(a) define the various zones into which the development area is to divided for the purposes of development and indicate the manner which the land in each zone is proposed to be used (whether the carrying out thereon of development or otherwise) and the stages by which any such development shall be carried out, area.

(b) serve as a basic pattern of framework within which the zonal development plans of the various zones area to be prepared.

(a) proposals for fixing the use of land for purposes such as residential, industrial, commercial, agricultural, recreational and other uses;

(b) proposal for the fixation of land for public purposes, such as schools, colleges, and other educational institutions, markets, social, welfare and cultural institutions, theatres and places of public entertainment or public assembly, museums, art galleries, religious buildings and other amenities;

(c) proposals for designation of areas for open spaces, play-grounds, stadium, Zoological gardens, green belts nature reserves, sanctuaries and dairies;

(d) transport and communication such as roads, highways, park-ways, railway, waterways, canals and airport, including their extension and development;

(e) water-supply, drainage, swerage, sewage disposal, other public utilities, amenities and services including electricity and gas;

(f) preservation, conservation and development of areas of natural, scenery and landscape;

(g) preservation of features, structures or places of historical, natural, architectural and scientific interest and educational value;

(h) proposals for flood control and prevention of river pollution;

(i) the filling up or reclamation of low lying, swampy or unhealthy areas or levelling up of lands;

(j) proposals for re-development and improvement of existing built up areas;

(k) proposals for planning standards and zoning regulations for different zones.

(a) contain a site plan and land use plan for the development of the zone and show the approximate locations and extents of land uses proposed in the zones for such things a public building and other public works and utilities, roads, housing, recreation, industry, business, markets, schools, hospitals, public and private open space and other categories of public and private uses;

(b) specify the standards of population, density and building density and other norms if required;

(c) show every area in the zone which may, in the opinion of the Authority, be required for development or re-development; and

(d) in particular, contain provisions regarding all or any of the following matters, namely:-

(i) the division of any site into plots for the erection of buildings;

(ii) the allotment or reservation of lands or roads, open spaces, gardens, recreation grounds, schools, markets and other public purposes;

(iii) the development of any area into a township or colony and the restrictions and conditions subject to which such development may (sic);

(iv) the erection of buildings on any site and the restrictions and conditions in regard to the open spaces to be maintained in or around buildings and height and character of buildings;

(v) the alignment of buildings on any site;

(vi) the architectural features of the elevation or frontage of any building to be erected on any site;

(vii) the number of residential buildings which may be erected on any plot or site;

(viii) the amenities to be provided in relation to any site or buildings of such site whether before or after the creation of building and the person or institution by whom or at whose expense such amenities are to be provided;

(ix) the prohibitions or restrictions regarding erection of shops, work shops, warehouses or factories or buildings designed for particular purposes in the locality;

(x) the maintenance of walls, fences, hedges or any other structural constructions and the height at which they shall be maintained;

(xi) the restrictions regarding the use of any site for purposes other than erection of building; and

(xii) any other matter which is necessary for the proper development of the zone or any area thereof according to plan and for preventing buildings being erected haphazardly in such zone or area.

Chapter V

Acquisition and Disposal of Land.

Chapter IV

Development of Land and Building Control

(i) either make necessary modification in the proposals for development to meet the objections, raised by the Authority, or

(ii) submit the proposals for development together with the objections raised by the Authority to the State Government for decision. Where proposals and objections have been submitted, no development shall be undertaken until the State Government has finally decided on the matter.

(a) the plots into which the land is proposed to be divided for the erection of buildings thereon and the purpose or purposes for which such buildings are to be used;

(b) the reservation or allotment of any site for any street, open space, park, recreation ground, schools, markets or any other public purposes;

(c) the intended level, direction and width of street or streets;

(d) the regular the of street or streets;

(e) the arrangements with specification to be made for levelling, paving, metailing, flagging, channelling, sewering, draining, conserving scraping and lighting street or streets.

(a) require the offender to show cause in writing and send to the Vice Chairman on or before such date as may be specified in the notice why such street should not be altered to the satisfaction of the Vice-Chairman or, if such alteration be impracticable, why such street should not be demolished; or

(b) require the offender to appear before the Vice-Chairman either personally or by a duly authorised agent on such day and at such time and place as may be specified in the notice and show cause aforesaid.

(a) to carry out a development plan or any other development work

(b) to make any addition or alteration thereto, shall apply for sanction by giving notice in writing of his intention to the Vice-Chairman such from and containing such information as may be prescribed by regulations made in this behalf.

(a) to make such alterations as may be specified in the said notice with the object of bringing the building or work in conformity with the said sanction, condition or provisions, or

(b) to show cause why such alterations should not be made, within a period stated in the notice.

Chapter VII

Finance, Accounts and Audit.

(a) all moneys received by the authority from the State Government from the Central Government by way of grants, advances otherwise;

(b) all moneys borrowed by the Authority from sources other than State Government or the Central Government by way of loans debentures;

(c) all fees including betterment fees and charges received by the

(d) all moneys received by the Authority from the disposal of lands, buildings and other properties movable and immovable; and

(e) all moneys received by the Authority by way of rents and profits or in any other manner or from any other source;

(i) The duty imposed by the Indian Stamp Act, 1899 (11 of 1889) as modified from time to time in its application to the State of Bihar on Instruments of sale, gift and usufructuary mortgage of immovable property shall in the case of instruments affecting immovable property situated in the area notified under Sub-section (2) of Section 1 of the Act and executed on or after the date on which the provisions of this Act came into force in such area be increased by five percentum on the value of the property transferred by the instrument or (in the case of an usufructuary mortgage) on the amount secured by the instrument, as set forth in the instrument:

(ii) For the purposes of this section-

(a) Section 27 of the Indian Stamp Act, 1899) as modified from time to time shall be read as if it specifically required the particulars referred to therein to be set forth separately in respect of property situated in the area notified under sub-section (2) of Section 1 of the Act.

(b) Section 64 of the Indian Stamp Act, 1899 (11 of 1889) as modified from time to time shall be read as if it referred to the Authority as well as the State Government;

(iii) All collections resulting from the said increase in stamp duty shall, after deducting incidental expenses (if any), be paid to the Authority by such time as may be prescribed by rules made by the State Government.

(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 fist day of each quarter, so long as the Authority continues to exit, a sum equivalent to one and a half per centum per quarter on the actual quarterly collection made on the basis of annual ratable 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 XIII of 1952) as the said actual quantity collection stood 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 bear (sic) hereunder as the unexpired

(ii) The payments prescribed by clause (i) of sub-section (3) shall be made in 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. & 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.

(iii) If any payment prescribed by clause (i) of sub-section (3) cannot it the opinion of the State Government, be made without increasing maximum amount authorised by sections 84, 85, 86 or 86A of the Bihar and Orissa Municipal Act, 1922 (B. & O. Act VII of 1922) and Section 89 of the Patna Municipal Corporation Act 1951, then that maximum amount may be increased to such extend as may it the opinion of the State Government, be necessary to secure the due making of such payment.

Chapter VIII

Supplementary and Miscellaneous Provisions

(i) By personal service :

(ii) By registered post :

(iii) By affixing it at the house or the principal place of business of the party concerned as the case may be :

(iv) By publication in one prominent Hindi and one English daily newspaper published within the area of the Authority in their two consecutive issues Provided that-

(a) In case the party to be served is a registered company, a firm of partnership, a body corporate, a local authority, a society or other body, it shall be served upon the principal officer of the said firm or organisation as determined by the Secretary of the Authority in his discretion and it shall then be deemed to have been duly served on each director, partner or member of the said firm or organisation;

(b) In case the party to be served is a minor or a lunatic it shall be served upon his guardian as determined by the Secretary of the Authority in his discretion.

(c) The manner of service mentioned either in sub-clause (iii) or sub-clause (iv) above shall be resorted to only after attempt at service either under sub-clause (i) or sub-clause (ii) has failed.

(a) the carrying out of work to the maintenance, improvement or other alteration of any building being works which affect only the interior of the building or which do not materially affect the external appearance of the building:

(b) the carrying out by any local authority or body corporate or by any department of Government of any work for the purpose of inspecting, repairing or renewing any drains, sewers, main pipes, cables or other apparatus including the breaking open of any street or other land for that purposes:

(c) the erection of a place of worship or a tomb or cenotaph or of a wall enclosing a graveyard, place of worship, cenotaph or samadhi on land which at commencement of this Act is lawfully occupied only for the purpose of such worship, tomb, cenotaph, graveyard or samadhi:

(d) the excavations made in the ordinary course of agricultural operations:

(e) the construction of un-metalled road intended to give access to land solely for agricultural purpose.

(a) the manner of reconstitution and allotment of land plots:

(b) the salaries, allowances and conditions of service of the whole time paid members of the Authority;

(c) the stage by which the development of any particular features of a zone may be carried out;

(d) the form and content of the Regional Plan, Master Plan and Zonal Development Plan and the procedure to be followed in connection with the preparation, submission and approval of such plans and the form, and the manner of publication of the notice relating to any such plan in draft;

(e) the form and manner in which notice under Section 21, 22, and 24 shall be published;

(f) the fee to be paid on an application for permission under sub-section (3) of section 36 and the fact and circumstances to be taken into consideration in determining such fee;

(g) the manner in which Khasmahal lands shall be dealt with after development;

(h) the procedure to be observed by the Tribunal under Section 61;

(i) the factors to be taken in to consideration in determining the rates of betterment charges in respect of property situate in any area;

(j) the procedure to be followed by the Tribunal in the determination of the betterment charges;

(k) the sum of money that may be kept in current account;

(l) the procedure to be followed for borrowing moneys by way of loans or debenture and their repayment;

(m) the form of the budget of the Authority and the manner of preparing the same;

(n) the form of the balance-sheet and statement of accounts;

(o) the form of the annual report and the date on or before which it (sic);

(p) the manner of constitution of the pension fund and provident funds for whole-time paid members and officers and other employees of the Authority and the conditions subject to which such funds may be constituted;

(q) any other matter which is required to be or may be prescribed by rules.

(a) the summoning and holding of meetings of the, Authority, the time and place where such meetings are to be held,, the conduct of business at such meetings and number of members necessary to form a quorum thereat:

(b) the summoning and holding of meeting of a committee constituted under Section 9, the time and place where such meetings are to be held, the number of members necessary to form a quorum thereat and the fees and allowances payable to the members for attending the meetings or any other work of the Authority;

(c) the powers and duties of officers of the Authority;

(d) the salaries, allowances, gratuities and conditions of service of the officers and employees of the Authority and disciplinary matters relating to them;

(e) the procedure for carrying out of the functions of the Authority under Chapters III, IV and V;

(f) the manner of communicating the grounds of refusal of permission for development;

(g) the form of the register of application for permission and the particulars to be contained in such register;

(h) the management of the properties of the Authority

(i) the time and manner of payment of betterment charges;

(j) planning standards, prescribed, height restrictions, etc.; and

(k) any other matter which is required to be or be prescribed by regulation

Chapter IX

Damages, Legal Proceedings and Tribunal

[k Hkouksa ls fu"dklu dh dkjZokbZ esa ;Fkksfpr ifjorZu lfgr fcgkj ljdkjh ifjlj fdjk;k olwyh rFkk fu"iknu vf/kfu;e] 1956 dh izfdz;k viuk;h tk;A

x izkf/kdkj dh tehu ij ls vfrdze.k dks gVkus dh dk;Zokgh esa mik/;{k rFkk izkf/kdkj }kjk izkf/kd`r vU; inkf/kdkjh fcgkj yksd Hkwfe vfrdze.k vf/kfu;e ds fu/kkZfjr izfdz;k dk vuqlj.k djsaxsA izkf/kdkj dh lHkh Hkw&lEifRr yksd Hkwfe le>h tk;xh vkSj vfrdze.k dk ogha vFkZ gksxk tks fcgkj yksd Hkwfe vfrdze.k vf/kfu;e esa ifjHkkf"kr gSA

?k izkf/kdkj ds lHkh Hkou tks mlds }kjk fufeZr fd;s x;s gksa ;k tks mlesa fufgr gks x;s gks os lHkh fcgkj ljdkjh ifjlj fdjk;k olwyh ,oa fu"dklu vf/kfu;e] 1956 ds rgr ljdkjh ifjlj ekus tk;sxsA

M fu"dklu rFkk vfrdze.k gVkus dh dk;Zokgh esa dk;Z fu"iknu djus ds flyflys esa mik/;{k rFkk izkf/kdkj }kjk izkf/kd`r vU; inkf/kdkjh O;ogkj U;k;ky; le>s tk;saxsA

(a) for declaration of title;

(b) for declaration of title and recovery of possession of movable or immovable property;

(c) for recovery of rents, profits, damages, compensation charges and other sums;

(d) for eviction and recovery of immovable property and damages, compensation and mesne profits or rents, past and future;

(e) for injunction

(a) institute, defend or withdraw from legal proceedings under this Act or any rule or regulation made thereunder;

(b) compound any offence under this Act or under, any other law for the time being in force which may be lawfully compounded by the Authority;

(c) admit, compromise or withdraw any claim made by or against it (sic) and

(d) obtain such legal advice and assistance as he may from time to time think necessary or expedient to obtain or a he may be desired by the Authority to obtain for any of the purposes referred to in the foregoing clauses of the section or for securing the lawful exercise of discharge of any power duly vested in or imposed upon the Authority or any officer or employee of the Authority.

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of documents:

(c) administering to any party to a proceeding before the Tribunal such interrogatories as may, in the opinion of the Tribunal, be necessary.

Chapter X

Repeals, Savings and Dissolution

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

(b) all khasmahal lands placed at the disposal of the Authority shall revert to the State Government;

(c) all liabilities which are enforceable against the Authority shall be enforceable against the State Government; and

(d) for the purposes of carrying out any development which has not been fully carried out by the Authority and for the purpose of realising properties, funds and dues referred to in clause (a), the functions of the Authority shall be discharged by the State Government.

(a) the Bihar Town Planning and improvement Trust Act, 1951, the Bihar Restriction of Uses of Land Act, 1948 (Bihar Act 23 of 1948) shall cease to have effect within the area notified under sub-section (2) of section 1, save as provided under Section 30;

(b) the improvement Trust as constituted under the Bihar Town Planning and improvement Trust Act, 1951 shall cease to exist with effect from the date this Act comes into force;

(c) the Bihar Regional Development Authority Second Ordinance, 1981 (Bihar Ordinance no. 191 of 1981) is hereby repealed.

(d) notwithstanding such repeal, any thing done or any action taken in the exercise of any powers conferred by or under the said Ordinance shall be deemed to have been done or taken in the exercise of powers conferred by or under this Act, as if this Act was in force on the day on which such thing or action was done or taken.

(a) every officer or other employee serving under the improvement Trust or Town Planning Authority and the Controlling Authority under the Bihar Restriction of Uses of Land Act, 1948 (Bihar Act 23 of 1948) immediately before the date of the constitution of the Authority shall, on and from such date, be deemed to have been transferred to and become an officer or other employee 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:

(b) anything done or any action taken (including any appointment, delegation, notification, order, scheme, permission, rule, bye-laws, regulation or form made, granted or issued) under the Bihar Town Planning and improvement Trust Act, 1951 and the Bihar Restriction of Uses of Land Act, 1943 (Bihar Act 23 of 1948) shall so far as it is not inconsistent with the provisions of this Ordinance, continue in force and be deemed to have been done or taken under the provisions of this Ordinance unless and until (sic) done or any action taken under the (sic).

(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 improvement Trust or Town Planning Authority and the Controlling Authority shall be deemed to have been incurred entered into or engaged to be done by, with or for the Authority;

(d) all properties movable and immovable and all rights, title and interest in any property vested in the improvement Trust or Town Planning Authority shall vest in the Authority, and all properties in possession of the improvement Trust or Town Planning Authority shall be deemed to be in possession of the Authority;

(e) all rents, fees and other sums of money due to the improvement Trust or Town Planning Authority shall be deemed to be due to the Authority:

(f) all suits, prosecutions, and other legal proceedings instituted or which might have been institution by, for or against the improvement Trust or Town Planning Authority or the Controlling Authority may be continued or instituted by, for or against the Authority;

(g) all sums charged on any property under, the Bihar Town Planning and improvement Trust Act, 1951, or the rules framed thereunder shall continue to be charged on that property and the charge shall be enforceable by the Authority;

(h) from the date the Authority comes into existence it will have the same right as the improvement Trust or Town Planning Authority had in all lands within the area notified under Section 1 which were previously held by the improvement Trust or Town Planning Authority on lease from the State Government for a certain period or the possession of which had been delivered to Trust or Town Planning Authority:

(i) all lands within the area notified under Section 1 held by any person as lessee from the improvement Trust or Town Planning Authority 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 leases from generation to generation on payment of fee the the Authority at the rate of one rupee per square meter.