Amendment status not verified — confirm the current text below against the official source.
Ac1! not to apply to works which arfeci only the interio,· oi !ihe ltu.iilning .aindl d..:1 not fl1l11ateri.;illi, afi'eci lis int.em.nl appearances and to wor[.: carried out by local au;thority or corporation of th:.>' Govemm,mt ralating to raµairing or ,-enewing- clrains, sewers, mains, pipes, cables, e'cc.-Nothinf; in this Act shall apply to- · (a} the carrying out of work to the maintenance, improvement or otner alteration of any building being works which affect only "(he interior of the ':Juilding or which do not materinlly affect thA external ap- pearance of the building: · (b) the car ying out by any local authority or body corporate or by 'lny department of Government of any work for the purpose ol 'nspsct- ing, repairing or renewing any drains, sewers main pipes, cables or other eoparatus including the breaking open ot any street or other land for that purposes; • (c) the erection of 2. place of worship or a tomb or cenotaph or o; 2, walj enclosing a graveyard, place of worship, cenotaph ot ssmsor» on land which at commencement of this Ac.t is· lawfully occupied Bihar Regional Development Authority Act, 1974 Secs. 78-79 : on{y :'or tho purpose oi such worship, tomb, cenotaph, graveyarJ or samaclhi: ProviJeJ that ·,he proposed erection and worl<s conform o ti '2.nd proposals contained in the Mc:1ster/Zonaf and Regional pl,:in:o and standard tor set back, height of the structures and percentage of buiit up area prescribed in the b:.iildi;ig requlations: (d) the excavations made in lhe ordinary course of agricultural opera- tions; (e) the construction of unmetalfed road i11tended to give access to land solely for agricultural purpose. ~O. S;J&1fo~ Go11sru1Hru11en'i to ma!,s. rnlss.-{1l: The State Governrnent may, bV noiification ·in the official Gazette, make rules to carry out the purposes of n-i;s Act. (2} Without prejudice to the genera.lily oi' tho foregoing power. such rules mn~r provide tor all or any-of the ~ollowlng matters, narnely- {a) the mariner of reconstitution and allotment of land plots, (b) t;1e salaries, ailowa.nces and conditions of service of the wholetims paid members of the Authority; (c) ihe stage by whichthe development of any particular features of a zone may be carried out: (d) tho form and conteni of ti1e Regional Plan, Master Plan and Zonal Development Plan and the procedure lo be followed in connection witil the preparation, submission and approvaf of such plans and the rorrn, and the manner of publication cf the· notice relating to any such plan in draH ; (e) the form and manner in which notice under Sections 21, 22 and 24 shall be published; . (i) the tee to be paid on an application for permission under sub-sec- tion (3} of Section .36 and the fact and circumstances to be taken into consideration in determining. such foe; (g) the manner in which Khasmahal lands shall be decdt wrt:, after de- velopment; (h} ,he procedure to be observed by the Tripunal under Section 61; (i) ·he tactors to be taken in to consideration in determining the rates of betterment charges in respect of property situate in any area: {i) he procedure to be followed by the Tribunal in the determination of 1ti0 betterment charges; (k) !i"te sum of money that may be kept in current account;. (l} !he procedure to be followed for bormvving moneys by way of loans or debenture and their repayment ; (m) ha form of tne budget of the Authority mid tho manner of prepar- 'ng the ·same; (n} !he rorm o, !he balance-sheet and statement or accounts; (o} the form of the annual report and the date on or before which it ' ~ ec 80 8:'.1m Region;:ii Deve1opmenl Authornv Act, 197.:. 5 O] the manner of constitution ci the pension funds ;;11,d provident iu~cL for wholetime paid members and officers and other employees of the Au:t,orily and the conditions subject to which such funds rnav be constituted-, (q) any other matter which is required to be or may be prescnbed •:11, rules. (3) Every rule made under this section sha]! bo laid as soon as m;,.y be after it is made, before each Houso of the State Legislature whi!e i1 is in scs- sion for a total period or fourteen days which may be comprised in one session or in two successive sessions and if, before expiry otthe session in which li is so laid or the session immediately following, both the I-louses agree in rnat,bg any modification in the rule or both the Houses agree that the rule snouto not iJe made, the rule shail thereafter have effect -only in such moc'ified form or be of no effect, as the case may be, so however that any such 'rnodficatton orannul- ment shall be without prejudice to the val.idity of anything previously done under the rule, · 8'1l. Power to make regulR~ions.-The Authorily may make regulatiom, cor:- sistent with this Act and the rules made thereunder, to carry out ihe purpose of . this Act and without prejudice to the generality o' the tone-going power, such regulations may provido for- (a) the summoning and holding of meetings of the, Authority, ihe ,:me and place where such meetings are to be held, ~he conduct of business ar such meetings and number of members necessary 10 form a quorum thereat ; (b) the summoning and holding of meetings of a committee consti- tuted und, Section 9, the time and place where such meetings are to i)e held, the number of members necessary to torro a quorum thereat and the fees and allowances payable to the members tor attendinq the meetings or any other work or ,h.e Authority; (c) the powers and duties of officers of the Authority-, (d) the salaries, allowances, gratuities and conditions ~t service of 1he officers and employees of the Authority· and disciplinary matters re- lating to them ; · (e) the procedure for carrying out of the functions of tho ,\uthoriiy un- der Chapters Ill, IV and V ; · (f) the manner of communicating the grounds or refusal oi permission for development ; · (g) the form of the register of appiicalion for permission and the par- ticulars to be contained In such register : (h) tile mancqemcnt of the properties of ths Authorii~, (i) the time .1nd manner of payment of bette'·menf charges, O) planninq standards, prescribing the building regu!ation, set backs, specifica 'ions. coverage. height restrictions, etc.: and (k) any. other matter which is required to be, _or be prescribed by regu- Bihar Regional Development Authority Act, 1974 [ r.., Soc. 81 J (p) ::,2. Da ,_ '$C payable aner termlnatien of tenancy.--(1) Any person who, wi:hout any righi or written permission of the Authority, continues in possession or a buifdina or any part thereof belonging to the At..lhorrty after ierm1nat10n of tus tc11a11c1, in aspect to it shall bo liable lo pay darnaqe at a rate 'Gqua:I to three ~i:nes ';he r- e of rent payable immediately before tho termination o~ the tenancy until cielivo _ ot possession of the building to iho· Authority. (2) A_ny person who, without an)' right or written permission of the Au thoritv, continues in possession of vacant land of 1hP. Authority atter terminz tion of his tenancy in respect of it shall be liable to pay damage at the rate of :=ls 10 per one nundred square meter, per day until delivery of possession or 1he vacant land to the Authority. ~3. IJamagG f?cillf2ible by 21 tres,~ss~1.-Any person who takas posses- sion of any land or building of the Authority without any right or written per- mission of the Authority shall be liable to pay darnaqe at the rate of Rs. 20 per one hundred square meter per day in the case of land and Rs. 30 per one hundred square, meter per floor per day in the case of c: building. !'.:~. !Sffoci oi sul.olel:tirtg again£l i['T!s terms o" ten:ancv.-VVhere the ten- ant sublets the building or any part or it in contravention of the ter ns of the tenancy, his tenancy shalt stand terminated with effect from the date of sub- lol!ing ancl both the tenant and the sub-tenant shall be liable to pay dam- &ges joiritlv and separately to the Authority at .: rate equal to three times the rate of rent payable for the building immediately before the termination until delivery of possession of the building or rhe part thereof to the Authority. Zfj, rru sults for recovery ov ·land or butlrlinrn and ter dom~3es court sf,o[I .::c:1rc~1lsi.:G damages u~ to the cmia o1 deliY~11f cf possesaion to the ~Gl.t!'1&-m,i11l;' in 1ll':ie mainuw:i" Jaivl do111m irn Orrdor 20, illuue 12 of Civil Proue- •:.J•YG- (';oJcr,, H~0~.-(1} Whenever any suit is instituted for recovery of land or building in possession of any person without right. authority or written permission of the Authority and for damages the court shall pass a decree for dc:mages up to the date of recovery of possession of ihe land or the building, as the case may be, and the damages shall bo calculated in the manner laid down in Order 20, Rule 12 of tho Civil Procedure Code, ·; 908. ( 2) <X-1c\~1, \111,;,ru <rr~ ii' 11f?.a1,_<:"I ~in~~,- ,-fr W~fl'C{ "<t ~~a.z WW 3ftl'.i<71·x s .: mf'~ Cl'lH ~ <:zj'~ ~