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BIHAR COAL MINING AREA DEVELOPMENT AUTHORITY ACT, 1986
(1) This Act may be called the Bihar Coal Mining Area Development Authority Act, 1986.
(2) It extends to the whole of the State of Jharkhand;
(3) It shall come into force on such date and in such areas as the State Government may, by notification in the Official Gazette, appoint.
In this Act unless the context otherwise requires-
(1) 'Amenity' includes road, water supply, street lighting, housing drainage, sewerage, 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;
(2) 'Authority' means the Coal Mining Area Development Authority constituted under Section 5 of this Act;
(3) 'Building Operation' includes erection or re-erection of building or any part thereof, roofing or re-roofing or 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 arran
(1) The Government may, by notification in the Official Gazette, declare any coal mining area including such adjacent or contiguous area in the State, to be a Coal Mining Development Area for the purpose of this Act.
(2) The abovesaid notification shall define the limits of the area to which it relates.
(3) The Government may, by notification thereafter alter the limits of the area so as to include therein or exclude therefrom such areas as may be specified in the notification.
(1) The Government may, by notification, withdraw from the operation of the relevant provisions of this Act whole or a part of any Coal Mining Development Area declared thereunder.
(2) When a notification is issued under this section in respect of any area-
(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.
(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
(1) As soon as may be after declaration of the Coal Mining Development Area as notified under Section 3(1), the Government shall by notification in the Official Gazette with effect from such date as the Government may appoint in this behalf establish to Coal Mining Area Development Authority (hereinafter referred to as the Authority) for Coal Mining Development Area.
(2) The Authority shall be body corporate with perpetual succession and a common seal and subject to such restrictions or qualifications as may be imposed by or under this Act or any other laws use or be used in its corporate name or acquire or dispose of property, moveable or immovable or enter into contracts and do all things necessary proper or expedient for the efficient performance of the functions assigned to it under this Act.
(3) The authority so established under su
The Government shall appoint a Government officer as the Secretary to the Authority, who shall not be a member of Authority. The Secretary shall exercise such powers and perform such duties as may be prescribed by regulations or delegated to him by the Authority.
(1) The term of office of the Chairman and the members of the Authority shall be of three years and conditions of service shall be such as may be prescribed under rules and they shall be entitled to receive such salaries or allowances or both as may be fixed by the Government.
(2) The Government may, if thinks fit, terminate appointment/nomination of the Chairman and any member of the Authority except the members elected by the Legislative Assembly in the prescribed manner at any time and in consultation with the Central Government with them in terms of Section 5 where Central Government have been consulted in respect thereof.
(3) Any vacancy so created shall be filled by fresh appointment/nomination by the Government.
(4) The Chairman or any mem
(1) Subject to the provisions of this Act and the rules framed thereunder and any directions which the Government may issue in this regard, the functions of the Authority shall be and it shall have power to-
(a) carry out a survey of the Coal Mining Development Area and prepare reports on the surveys so carried out;
(b) prepare an existing land use map and such other maps as may be necessary for the preparation of Development Plan;
(c) prepare a Development Plan of the Coal Mining Development Area and to enforce and execute it;
(d) guide, assist, advice, direct, supervise and co-ordinate development activities of all department and agencies operating within the Coal Mining Development Area;
(e) suggest pr
(1) The Authority shall meet as and when necessary and at least six times in a year at such times and places as the Chairman may determine in this behalf and shall observe such procedure as may be prescribed in regard to the transactions of its business or such meetings.
(2) The Chairman or in his absence any member chosen by the members from amongst themselves shall preside at a meeting of the Authority.
(1) The Government shall, constitute a Consultative and Co-ordination Committee for the purpose of advising the Coal Mining Area Development Authority on the preparation of the Development Plan, co-ordinating the annual plans and programmes of various development agencies and Government Department functioning within the Coal Mining Development Area and to generally co-ordinate the overall functioning of such development agencies in the implementation of the Development Plan.
(2) The Consultative and Co-ordination Committee shall consist of the following members:--
(a) The Chairman of the Coal Mining Area Development Authority shall be the Chairman-ex-officio;
(b) All other members of Coal Mining Area Development Authority;
(c) Engineer-in-Chief, Roa
The Authority and the Consultative and Co-ordination Committee may associate with themselves in such manner and for such purposes as may be prescribed, and any person whose assistance or advice they may consider necessary in performing any of their functions defined under this Act.
(1) Subject to such control and restrictions as may be prescribed by the rule, the Authority may appoint such members or other officers and employees (including experts for technical works) as may be necessary for the efficient performance of its functions and may determine their designations and grades.
(2) The Secretary and the other officers and employees of the Authority shall be entitled to receive from the funds of the Authority such salaries and such allowances, if any, and shall be governed by such conditions of service as may be determined by regulations made in this behalf.
As soon as may be the Authority shall, not later than six months after its constitution or within such time as the Government may, from time to time extend, prepare a present Land Use Map (hereinafter called the map) and land use Register taking the whole area or part thereof at a time in the form to be prescribed indicating the present use of every piece of land in the Coal Mining Development area.
(1) After the preparation of the map and the register, the Authority shall publish a public notice of the preparation of the map and register and or the place or places where copies of the same may be inspected, inviting objections in writing from any person with respect to the map and register within 30 days of the publication of such notice.
(2) After the expiry of the period mentioned in sub-section (1) an officer designated by the authority or a Committee appointed by the authority for the purpose shall, after allowing a reasonable opportunity of being heard to all the persons, who have filed the objections, make a report to the authority.
(3) The authority shall consider the report as submitted under sub-section (2) and may make such modifications in the map or register or both as it co
(1) Where by virtue of the foregoing provisions of the Act a Map and a Register is to be prepared, then-
(a) If within the period prescribed or within such period which the Government has extended, no map or register has been prepared; or
(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.
(2) After preparation of the map and the register, the Chief Town Planner shall submit the same to the Government and shall follow the procedure and exercise the powers of the Authority under Section 14 of the Act.
(3) Any expense incurred under this section in connecti
(1) As soon as may be, after the declaration of the Coal Mining Development Area under Section 3, Authority shall, not later than two years of such declaration or within such time as the Government may from time to time extend and subject to such directions as may be issued by the Government, prepare and submit to the Government a Development Plan for whole of the Coal Mining Development Area or any of its parts.
(2) The Development Plan shall (a) define the various zones into which Coal Mining Development Area is to be divided for purposes of development and indicate the manner in which land in each zone is proposed to be developed and the stages by which any such development shall be carried out, (b) serve as a basic pattern of framework within which the development schemes are to be prepared.
(3) The Development Plan shall, as far as
If any Development Plan/Master Plan for the Coal Mining Development Area or any parts thereof has already been approved and notified by the State Government under the provisions of the Jharkhand Town Planning and Improvement Trust Act, 2002 (Bihar Act 35 of 1951) or any other law for the time being in force in the State before the commencement of this Act, the Development Plan/Master Plan already approved and notified by the Government shall be deemed to have been prepared by the Authority and sanctioned by the Government under the relevant provision of the Act till such time the Coal Mining Area Development Authority modifies the Development Plan or prepares a fresh Development Plan.
Notwithstanding anything contained in Section 16, the Government may, by notification, require the Authority to prepare and submit to the Government before a fixed date a Draft Development Plan in respect of Coal Mining Development Area.
(1) Where by virtue of the foregoing provisions of this Act a Development Plan is to be prepared, then-
(a) If within the period prescribed or within such period which the Government has extended, no Development Plan has been prepared; or
(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.
(2) After the preparation of the Development Plan, the Chief Town Planner shall submit the Development Plan to the Government and shall follow the procedure and exercise the powers of the Authority under Sections 20, 21, 22 and 23 of this Act.
(3) Any expense incurred under this section
As soon as may be, after the Development Plan has been submitted to the Government but not later than the time prescribed by the rules the Government shall direct the Authority to make such modifications in the Development Plan as the Government thinks fit and thereupon the Authority shall make these modifications.
(1) After the modifications, if any, directed by the Government, have been made, the Authority shall publish the public notice in the Official Gazette and in one or more local newspapers, of the preparation of the Development Plan and the place or places where copies of the same may be inspected inviting objections in writing from any person with respect to the Development Plan within a period of sixty days.
(2) The notice of preparation of the Development Plan as provided under subsection (1) above shall notwithstanding anything contained in the Land Acquisition Act, 1894 be deemed to be declaration duly made under Section 4 of the said Act.
(3) After the expiry of the period mentioned in sub-section (1) above, the Authority shall appoint a Committee consisting of Technical Member and not more than two of its other members, to consider
As soon as may be, after the receipt of the Development Plan, together with the report of the Committee the Government may within six months either approve the Development Plan or may approve it with such modifications as it may consider necessary, or may return the Development Plan to the Authority to modify the Plan or to prepare a fresh Plan in accordance with such directions as the Government may issue in this behalf.
(1) Immediately after the Development Plan has been approved by the Government, the Authority shall publish a public notice in the Official Gazette and in a local newspaper of the approval of the Development Plan and the place or places where copies of the Development Plan may be inspected.
(2) The publication of the notice in the Official Gazette of the approval of the Development Plan shall, notwithstanding anything contained in the Land Acquisition Act, 1894 be deemed to be a declaration duly made under Section 6 of the said Act.
(3) The Development Plan shall come into operation from the date of publication of aforesaid notice in the Official Gazette.
(4) After the coming into operation of the Development Plan, such Development Plan as mentioned under Section 25 of this Act shall stand mod
(1) At any time after the date on which the Development Plan for the Coal Mining Development Area comes into operation, and at least once in every 10 years after that date the Authority may and if so directed by the Government, shall, after carrying out such fresh survey as may be considered necessary or directed by the Government, review the Development Plan and make such modifications in the Development Plan as may be considered necessary and submit to the Government a draft modified Development Plan for approval.
(2) The provisions of Sections 21, 22 and 23 shall mutatis mutandis apply to such a Development Plan.
At any time after the date on which the Development Plan comes into operation, the Coal Mining Area Development Authority may, with the prior approval of the Government, make such minor changes in the Development Plan as may be necessitated by topographical and cartographical errors and omissions, details of proposals not fully indicated in the Plan or changes arising out of the implementation of the proposals in the Development Plan:
Provided-
(i) that all such changes are in the public interest, and
(ii) that all such changes are notified to the public.
All modifications and changes made in the Development Plan shall be placed on the table of the State Legislature. All modifications and changes of the development plan after approval of the State Government shall be placed on the table of both Houses of the State Legislature in ensuing session.
Any land required reserved or designated in a Development Plan or a development scheme shall be deemed to be land needed for a public purpose within the meaning of the Land Acquisition Act, 1894 (Central Act 1 of 1894) and may be acquired under the said Act.
After the coming into operation of any Development Plan in the Coal Mining Development Area, no person shall use or permit to be used any land or carry out any development in the aforesaid area otherwise than in conformity with such Development Plan.
(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.
(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.
(1) After the application of this Act to the Coal Mining Development Area and subject to the provision relating to the Development charge and other provisions of this Act no development, institution or charge of use of any land shall be undertaken or carried out in that area-
(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;
(b) without obtaining the permission in writing as provided for hereinafter:
Provided that no such permission shall be necessary-
(i) for carrying out such works for the maintenance, improvement, or other alteration of any building, which effect only the interior of the building or which do not mat
(1) Any person or body (excluding a department of Central or State Government or local Authority, a public sector undertaking) intending to carry out any development on any land shall make an application in writing to the Authority for permission in such form and containing such particulars and accompanied by such document and plans as may be prescribed by the rules or the regulation:
Provided that the above provision shall be effective in those areas where the authority is to carry out the plan and it shall not be essential to get the map passed for those areas where the Authority is not to carry out any scheme.
(2) In the case of a department of Central or State Government or local authority intending to carry out any development other than operational constructions on any land the concerned department or authority, as the case may be,
(1) Any applicant aggrieved by an order passed under the last foregoing section, or if no order is passed, under the foregoing Section 30(3) may appeal, within one month of the communication of that order to him or after the expiry of the period of three months from the date of submitting the application in the manner and accompanied by such fees as may be prescribed by rules to the prescribed authority.
(2) The prescribed authority after receiving the appeal may give reasonable opportunity to the appellant and the authority to be heard, may pass an order dismissing the appeal or allowing the appeal by-
(a) granting permission unconditionally; or
(b) granting permission subject to such conditions as it may thinks fit;
(c) removing the conditions sub
Every permission for any development granted under this Act shall remain in force for two years only from the date of such, permission received; provided, that the Authority may on an application made in this behalf before the expiry of the aforesaid period extend such period in suitable cases for another period of one year.
(1) Where any person interested in the land aggrieved by an order in appeal under Section 31 refusing to grant permission to develop the land, or granting permission subject to conditions, claims-
(a) that the land has become incapable or reasonably beneficial use in the existing state; or
(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.
(2) A copy of such notice shall at the same time be served on t
(1) Where an order in appeal under Section 31 refusing to grant permission or granting permission subject to conditions, relates to any of the following development,-
(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;
(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;
(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, improveme
(1) If it appears to the Authority that it is expedient, having regard to the Development Plan prepared or under preparation or to be prepared and to any other material consideration that any permission to develop land granted under this Act or any other law, should be revoked or modified the Authority may be an order, revoke or modify the permission to such extent as appears to it to be necessary:
Provided that-
(a) where the permission relates to the carrying out of building or other operations no such order;
(i) shall affect such of the operations as have been previously carried out;
(ii) shall be passed after these operations have been completed;
(b) where permission relates to a change of use of land
(1) Any person, who-
(a) in contravention of any Development Plan;
(b) without obtaining a certificate regarding Development charge under Section 29(1)(a);
(c) without permission as required under this Act;
(d) in contravention of any condition subject to which such permission has been granted;
(e) after the permission for development has been revoked under Section 35; or
(f) in contravention of the permission which has been modified under Section 35.
Whether at his own instance or at the instance of any other person or anybody commences, undertakes or carries out development, institutes, or charges use of any land o
(1) Where any development of land has been or is being carried out as described in Section 36, the Authority shall serve on the owner a notice requiring him, within such period, not exceeding one month, as may be specified therein, after the service of the notice to take such steps as may be specified in the notice-
(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;
(b) in cases specified in clauses (d) and (f) of Section 36 to secure compliance with the conditions or with the permission as modified;
(c) in case specified in clause (b) to pay the development charge and such penalty, if any, as may be prescribed by the rules.
(2) In particular, any such notice
(1) Where any development of land as described in Section 36 is being carried out but has not been completed the Authority may serve on the owner and the person carrying out the development a notice requiring the development of land to be discontinued from the time to the service of such notice.
(2) Where such notice has been served the provisions of clause (b) to subsections (4) and (5) of Section 37 shall apply with such modifications as may be necessary:
Provided that provisions of clause (a) of sub-section (4) of Section 37 shall not apply and in spite of the filing of an application for permission for development of an appeal as provided in sub-section (3) of Section 37, the notice shall continue to have full effect.
(3) Any person, who cont
(1) If it appears to the Authority that it is expedient in the proper planning of its areas (including the interests of amenities) having regard to the Development Plan prepared, or under preparation, or to be prepared, and to any other material consideration:--
(a) that any use of land should be discontinued, or
(b) that any condition should be imposed on the continuance/thereof; or
(c) that any building or works should be altered or removed;
the Authority may, by notice served on the owner-
(i) require the discontinuance of that use; or
(ii) impose such conditions, as may be specified in the notice, on the continuance thereof; or
&n
Where the Authority, in the exercise of its functions and powers with respect to any areas under it, is required to have regard to the provisions of a Development Plan before such Development Plan has become operative, the Authority shall have regard to the provisions which in its opinion will be required to be included for securing the proper planned development of the Coal Mining Development Area.
(1) Subject to the provision of this Act or any other law for the time being in force, the Authority may, as soon as may be, after the Development Plan has been approved by the Government or if so directed by the Government, shall prepare one or more development schemes for the area within its jurisdiction or any part thereof.
(2) Such schemes may make provisions for all or any of the following matters, namely:-
(i) Land acquisition, development and disposal of land;
(ii) the laying out or relaying out of land, either vacant or already built upon;
(iii) the filling up or reclamation of low-lying swampy or unhealthy areas or levelling up of land;
(iv) layout of new streets or roads, construction, diversion
The scheme contains the following particulars as far as may be necessary, that is to say-
(a) the area, ownership and tenure of all existing plots covered by the scheme;
(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 land is to be put to such uses;
(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;
(d) the laying out or re-laying out of the land either vacant or already built upon;
(e) the filling up or reclamation of low-lying swampy or unhealthy areas or levelling up of
(1) In a scheme, reconstituting the plot, the size and shapes of every reconstituted plot shall be determined, so far as may be, to render it suitable for building proposed, and where a plot is already built upon to ensure that the buildings, as far as possible, comply with the provisions of the scheme as regards open spaces.
(2) For the purpose of sub-section (1), the scheme may contain proposals-
(a) to form a final plot by reconstitution of an existing plot by alternative of the boundaries of the existing plot, if necessary;
(b) to form a reconstituted plot from an existing plot by the transfer wholly or partly of the adjoining lands;
(c) to provide, with consent or the owners, that two or more existing plots, held separately or jointly or in joi
(1) As soon as may be after the scheme under Section 43(2) has been prepared, the Authority shall publish the scheme in the Official Gazette and in one or more local newspapers specifying the place or places where copies of the same may be inspected, and inviting objection in writing from any person with respect to the scheme within such period as may be specified in the notice:
Provided that such period shall not be less than two months from the date the notice is published in the Official Gazette:
Provided further, that no such public notices under this sub-section in respect of the scheme shall be required where land covered by the scheme had already been acquired and the execution of the scheme does not affect the interest of any person/persons.
(2) Simultaneously with the publication of t
(1) Notwithstanding anything contained in this Act the Government may, after making such enquiry as it deems necessary, direct the Authority to make and publish in the prescribed manner, a scheme in respect of any land in regard to which a development scheme may be made.
(2) If the Authority fails to make the scheme within three months from the date of direction made under sub-section (1), the Government may, by notification in the Official Gazette, appoint an officer to make and publish and submit scheme for the land to the Government and, thereupon the provisions of the Act shall, as far as may be applicable, apply to the making of such scheme.
(1) Where the Authority has published the scheme in the Official Gazette under sub-section (1) of Section 44 of this Act, the Government may, on an application of the Authority, by order published in the Official Gazette, suspend, to such extent only as may be necessary for the purpose of carrying out of the scheme, any rule, bye-law, regulation, notification or order made or issued under any law which the legislature of the State is competent to amend.
(2) Any order issued under sub-section (1) shall cease to operate in the event of the scheme being withdrawn by the Authority either on its own or under the directions of the Government under Section 53.
(1) Where there is a disputed claim as to the ownership of any piece of land included in an area in respect of which the draft scheme has been published and any entry in the records of rights or mutation register relevant to such disputed claims is inaccurate or inconclusive, an enquiry may be held, on a submission being made by the Authority at any time prior to the date of publication of the scheme, by such officer as the Government may appoint for the purpose of deciding who shall be deemed to be owner for the purpose of this Act.
(2) Such decision shall not be subject to appeal but it shall not operate as a bar to a regular suit.
(3) Such decision shall, in the event of the Civil Court passing a decree which is inconsistent therewith, be corrected, modified or rescinded in accordance with such decree as may be practicable after such
(1) On or after the date on which the scheme is published in Official Gazette under sub-section (1) of Section 44 of the Act.
(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;
(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 th
(1) Where the Authority thinks that, in the interest of the public it is necessary to undertake forthwith any of the words included in a scheme for a public purpose, the Authority shall make an application to the Government to vest in it the land (without any building) shown in the scheme.
(2) If in the opinion of the Government any land is required for carrying out any function of the Authority under this Act, it shall be deemed to have been required for a "public purpose" and the Government may acquire such land for the Authority in accordance with Land Acquisition Act, 1894.
(3) Any land, either belonging to the Government or which has been acquired by the Government for the Authority may be handed over to the Authority by the Government by notification in the Official Gazette.
The Authority may enter into agreement with any person for the acquisition from him by purchase, lease or exchange, of any land or any interest therein which may be acquired under Section 49:
Provided that if the value of such land exceeds fifty thousand rupees, the Authority shall not enter into such agreement without the prior approval of the Government.
(1) If the Authority is opposed or impeded in taking possession of the land under Section 49 it shall request the District Magistrate to enforce the delivery of possession of the land to the Authority. The District Magistrate shall take or cause to be taken such steps and use or cause to be used such force as may be reasonably necessary for securing the delivery or possession of the land to the Authority.
(2) For the avoidance of doubt, it is hereby declared that the power to take steps under sub-section (1) includes the power to enter upon any land or other property whatsoever.
(1) Simultaneously with the submission of the scheme to the Government, the Authority shall publish a public notice in the Official Gazette and in a local newspaper of the scheme and the place or places where copies of the scheme may be inspected.
(2) The public notice under sub-section (1) shall specify a date (which shall not be earlier than one month after the date of the publication of the public notice) on which all the liabilities created by the scheme shall take effect and the scheme shall come into force:
Provided that the Government may, from time to time, postpone such date, by notification in the Official Gazette by such period not exceeding three months at a time as it thinks fit.
The publication of the notice in the Official Gazette of the scheme, shall, notwithstanding anything c
(1) If, at any time before the scheme is published under Section 52, a representation is made by a majority of the owners of the area that the scheme should be withdrawn, the Authority shall invite from all persons having interests in the scheme, objections to such representations.
(2) After receiving the objections, and after making such enquiry as it may think fit, the Authority may, by notification in the Official Gazette, withdraw the scheme and upon such withdrawal, no further proceeding shall be taken in regard to such scheme.
(3) Simultaneously with such withdrawal, the Authority shall submit to the Government the copy of the notice withdrawing the scheme and a report of its enquiry made in this behalf.
(4) At any time prior to the publication of the scheme under Section 44, the Govern
On and after the day on which a scheme comes into force-
(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;
(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;
(c) the Authority shall handover possession of the reconstituted plots to the owners to whom they are allotted in the scheme.
(1) As soon as may be after public notice of the scheme has been published in the Official Gazette under Section 52(1) of this Act but not later than the time prescribed by the Authority shall, in accordance with the prescribed procedure proceed to,-
(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;
(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;
(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)
(1)(a) From every decision of the Authority in matters arising out of clauses (a), (b), (c), (n) and (o) of sub-section (1) of Section 55 an appeal shall lie within forty-five days from the date of the decision to the prescribed authority.
(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.
(c) The District Judge may transfer the appeal filed before him to the Additional District Judge for disposal.
(d) The District Judge or the Additional District Judge, as the case may be, after making such enquiry, he may think
(1) As soon as may be after the Authority has decided all the matters stated in Section 55(1), the Government shall, after making such enquiry as it may think fit, appoint a Tribunal of appeal (hereinafter referred to as the Tribunal) to hear and decide appeals arising out of matters referred to in Section 56(2)(a).
(2) The Tribunal shall consist of a Chairman and two Assessors.
(3) The Chairman shall be the District Judge or other Civil Judge as may be appointed by the Government on the recommendations of the District Judge.
(4) The Chairman with the consent of the State Government shall appoint fit and proper persons as Assessors who shall, as far as possible, have knowledge or experience of town planning, valuation of land or Civil Engineering.
(
The Tribunal may sit either at the headquarters of the Chairman or at any other place within the local limits of his jurisdiction which he may deem convenient for the consideration and decision of any matter before such Tribunal.
All Questions of law and procedure shall be decided by the Chairman. All other Questions shall be decided by the Chairman and the two Assessors or by a majority.
(1) The Tribunal shall, after making such inquiry as it may think fit, decide all matters arising out of clauses (d) to (m) (both inclusive) and clause (p) only of sub-section (1) of Section 55 in respect of appeals referred to the Tribunal; and may either confirm the proposals of the Authority or direct it, where necessary to reconsider, vary or modify, its proposals only in respect of such matters aforesaid.
(2) Every decision of the Tribunal shall be final and conclusive and binding on all persons and parties including the Authority. A copy of the decision in appeal shall be sent to the Authority.
Nothing contained in this Act shall be deemed to constitute the Tribunal to be a Court.
(1) The Chairman and the Assessors shall, save where they are salaried Government Officers, be entitled to such remuneration either by way of monthly salary or by way of fees or partly in one way and partly in the other, as the Government may, from time to time, decide:
Provided that, in exceptional cases where the scheme is a large one or the work involved is complicated, the Government may authorise the Chairman, and the Assessor even if they are salaried Government Officers to receive such special salary or remuneration as the Government may, by order, decide from time to time, (2) The salary of the Chairman of the Tribunal or an Assessor who is a salaried Government Officer, and any remuneration payable under sub-section (1) of this section and all expenses incidental to the working of the Tribunal shall, unless the Government otherwise determines, be defrayed out of funds of t
(1) Where no appeal has been made under Section 56, the decision of the Authority shall be final and binding on the parties.
(2) Where an appeal has been made under Section 56 and a copy of the decision in appeal is received by the Authority it shall then where necessary, make variation in the scheme in accordance with such decision and may also rectify such errors or commissions, if any as may have been brought to its notice after publication of public notice of the schemes and shall also forward such schemes together with a copy of its decision and a copy of the decision in appeal to the Government.
(1) Notwithstanding anything contained in the Transfer of Property Act, 1882 (Act 1 of 1882) the Code of Civil Procedure, 1908 (Act 5 of 1908) or any other law for the time being in force, the Authority or any of its Officers Authorised in that behalf by the Authority may summarily evict any person or persons continuing to occupy such land which he is not entitled to occupy under the scheme, on and after the day on which the scheme comes into force.
(2) If the Authority is opposed or impeded in evicting such person or taking possession of the land from such person, the District Magistrate shall, at the request of the Authority, enforce the eviction of such person or secure delivery of possession of the land to the Authority.
(1) On and after the day on which a scheme has been notified the Authority may after giving the prescribed notice and in accordance with the provisions of the Scheme:-
(a) remove, pull down, or alter 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 winch or carrying out of which, any provision of the scheme has not been complied with;
(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.
(2) Any expenses incurred by the Authority under this section may be recovered from the person in default or from its owner of existing plot in the manner provided
(1) If after the scheme has come into force, the Authority considers that the scheme is defective on account of an error, irregularity or informality or that the scheme needs variation or modification of minor nature the Authority shall, by notification in the Official Gazette, prepare and publish draft of such variation in the prescribed manner.
(2) The draft variation published under sub-section (1) shall state every amendment proposed to be made in the scheme and if any such amendment relates to a matter specified in any of the sub-clauses or sub-section (2) of Section 41, the draft variation shall also contain such other particulars as may be prescribed.
(3) The draft variation shall be open to the inspection of the public at the office of the Authority during office hours.
(4) Not later t
A development scheme may at any time be varied by a subsequent scheme made, published in accordance with this Act; provided that when a scheme is so varied, the provisions of this Act shall so far as may be applicable, apply to such variation and making of subsequent scheme, and the date of publication of the varied scheme shall, for the purpose of Sections 44, 48, 70, 72 and 82 be deemed to be the date of publication of scheme referred to in those sections.
In the event of the development scheme being withdrawn the cost of the scheme shall be borne by the Authority or be paid to the Authority by the owners concerned, in such proportion as the Government may in each case determine.
The cost of a development scheme shall include-
(a) all sums payable by the Authority under the provision of this Act which are not specifically excluded from the cost of the scheme;
(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 53;
(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;
(d) such portion of the sums payable as compensation for land reserved or allotted for any public purpose or purposes of the Auth
For the purpose of this Act, the increment shall be deemed to be the amount by which on the date of the publication of the scheme under Section 44, the market value of any plot with reference to the improvements contemplated in the scheme on the assumption that the scheme has been completed would exceed on the same date the market value of the same plot estimated with reference to such improvement:
Provided that in estimating such values, the value of buildings or other works erected or in the course of erection on such plot shall not be taken into consideration.
(1) The cost of the scheme shall be met wholly or in part by a contribution to be levied by the Authority on each plot included in the scheme calculated in proportion for the increment which is estimated to accrue in respect of such plot by the Authority:
Provided that-
(a) No such contribution shall exceed the increment estimated by the Authority to accrue in respect of each plot,
(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.
(c) No such contribution shall be levied on a plot used, allotted or reserved, for a public purpose or purposes of the Authority, such p
The amount by which the total value of reconstituted plots included in a scheme with all the buildings and works thereon allotted to the persons falls short of or exceeds the total value of the existing plots with all the buildings and works thereon of such person shall, as the case may be, be added to or deducted from the contribution leviable from such person, each of such plots being estimated at its market value on the date of the publication of the scheme under Section 44 and without reference to improvement contemplated in the scheme other than improvements due to the alteration of its boundaries.
Any right in an existing plot which, in the opinion of the Authority, is capable of being transferred wholly or in part without prejudice to the making of a development scheme to be a reconstituted plot shall be so transferred and any right in an existing plot which in the opinion of the Authority is not capable of being so transferred, shall be extinguished, provided that an agricultural lease shall not be transferred from an existing plot to reconstituted plot without the consent of all the parties to such lease.
The owner of any property or right which is injuriously affected by the making of a development scheme shall, subject to provision of Section 75, if he makes a claim before the Authority within sixty days of the receipt of the notice from Authority, be entitled to obtain compensation in respect thereof from the Authority or from any person benefited or partly from the Authority and partly from such person as the Authority may in each case determine.
(1) No compensation shall be payable in respect of any property or private right of any sort which is alleged to be injuriously affected by reason of any provision contained in the development scheme, if under any other law for the time being in force applicable to the area for which such scheme is made, no compensation is payable for such injurious effect.
(2) Property or a private right of any sort shall not be deemed to be injuriously affected by reason of any provision inserted in a development scheme which with a view to securing the amenity of the area included in such scheme or any part thereof, imposes any condition and restriction in regard to any of the matters specified in clause (b) of Section 42.
If the owner of an existing plot is not provided with a plot in the scheme or if the contribution to be levied from him under Section 72 is less than the total amount to be deducted therefrom under any of the provisions of this Act the net amount of his shall be payable to him by the Authority in cash or in such other way as may be agreed upon by the parties.
(1) If for any cause the total amount which would be due to the Authority under the provisions of this Act from the owner of a plot to be included in the scheme exceeds the value of such plot estimated on the assumption that the scheme has been completed, the Authority shall direct the owner of such plot to make payment of the amount of such excess to it.
(2) If such owner fails to make such payment within the prescribed period, the Authority shall acquire the existing plot of such defaulter by paying the value of such plot estimated at its market value on the date of the publication of the scheme under Section 41 without reference to improvements contemplated in the schedule and thereupon the plot included in the scheme shall vest absolutely in the Authority free from all encumbrances, but subject to the provisions of this Act:
Provided
All payment due to be made to any person by the Authority under this Act shall, as far as possible, be made by an adjustment in such persons' account with the Authority in respect of the reconstituted plot concerned or of any other plot in which he has an interest and failing such adjustment shall be paid in cash or in such other way as may be agreed upon by the parties.
(1) The net amount payable under the provisions of this Act by the owner of a plot included in a scheme may at the option of the contributor, be paid in one lump sum or annual instalments not exceeding ten. If the owner elects to pay the amount by instalments, interest at the rate of 12 per cent per annum shall be charged on the net amount payable. If the owner of a plot fails to elect the option on or before the date specified in a notice issued to him in that behalf by the Authority, he shall be deemed to have elected the option of paying contribution by instalments and the interest on the contribution shall be calculated from the date specified in the notice, being the date before which he was required to make an election as aforesaid:
Provided that, where an owner elects to pay the amount in one lump sum but fails to do so, interest upto a maximum of 12 per cent per annum shall
(1) The Authority shall be competent to make any agreement with any person, in respect of any matter which is to be provided for in the development scheme subject to the power of the Government to modify or disallow such agreement and unless it is otherwise expressly provided therein, such agreement shall take effect and after the day on which the development scheme comes into force.
(2) Such an agreement shall not in any way affect the determination of the makers as stated in Section 55 or the rights of third parties, but it shall be binding on the parties to the agreement:
Provided that, if any agreement contains any provisions which are inconsistent with the scheme as published by the Authority under Section 44, such an agreement shall be void:
Provided further that, if the agreement is mod
Any sum due to the Authority under the provisions of this Act or any rule or any regulation made thereunder, shall be a first charge on the plot on which it is due, subject to the prior payments of the land revenue, if any, due to the Government thereon and, if it is not paid on demand, on the day on which it becomes due or on the day fixed by the Authority, shall be recoverable by the Authority as arrears of land revenue.
(1) The Authority shall complete all the works provided in a scheme within the period prescribed:
Provided that, in exceptional circumstances on application by the Authority, the Government may, by an order in writing specifying these circumstances, grant to the Authority in this behalf further extension of time as it may think fit.
(2) If the Authority fails to complete the work within the prescribed period or within the period extended under sub-section (1), the Government may require the Authority to complete the works within a further period as it may consider reasonable or appoint an officer to complete such works at the cost of the Authority.
(1) Subject to the provisions of this Act, the Authority shall be responsible for the formulation, co-ordination and execution of all development schemes and works relating to the development of the Coal Mining Development Area or any part thereof.
(2) The Authority shall be responsible for the preparation of a phased programme of development essential for the general socio-economic and physical development of the Coal Mining Development Area.
(3) Notwithstanding anything contained in any other law for the time being in force, the Authority may give such directions with regard to the implementation of any development scheme as it may deem fit.
(4) The Authority shall exercise the powers of supervision as may be necessary to ensure that such development schemes are executed in the interest of t
(1) Where the Authority is satisfied that any direction given by it with regard to any development scheme has not been carried out by the concerned agency including the Department of the Government or that any such agency or department is unable to fully implement any scheme undertaken by it for the development of any part of the Coal Mining Development Area, the Authority may itself undertake any such development Scheme of works and incur any expenditure necessary for the execution of such development scheme, as the case may be, and recover the cost thereof from the concerned agency or the Department.
(2) The Authority may also undertake any development scheme as may be directed by the State Government and may incur such expenditure as may be necessary for the execution of such scheme.
(3) Where any scheme or work is undertaken by the A
If any scheme for the Coal Mining Development Area or any part thereof has already been prepared and approved by the State Government under the provision of the Bihar Town Planning and Improvement Trust Act, 1951 (Bihar Act 35 of 1951) or the Bihar Regional Development Authority Act, 1981 (Bihar Act 40 of 1982) or any other law for the time being in force in the State before the commencement of the Act, the Scheme already prepared by the Authority and approved by the State Government under the relevant provisions of this Act till such time the Authority modifies the schemes or prepares a fresh scheme.
(1) Subject to the provisions of this Act and the rules under it and with previous sanction of the Government, the Authority shall, by a notification published in the Official Gazette, levy a charge (hereinafter called the Development charge) on the carrying out of any Development or the institution or change of use of land, for which permission is required under Chapter V of this Act, the whole or any part of the Coal Mining Development Area at the rates as may be prescribed.
(2) The rates may be different for different parts of the Coal Mining Development Area and for different uses.
(3) The charge shall be leviable, not exceeding Rupees Five hundred on any person who undertakes or carries out such development and institutes or changes any use.
(4) The Government may, by rules, provide for t
(i) For the purpose of assessing the development charges, the use of land and building shall be classified under the following main categories,--
(i) Industrial;
(ii) Commercial;
(iii) Residential;
(iv) Agricultural;
(v) Miscellaneous;
(vi) Educational;
(vii) Health and Medical Care; and
(viii) Drinking Water Supply.
(2) In classifying the use of land and building under any of the categories mentioned in sub-section (1) above the predominant purpose for which such land and building are used shall be the main basis for such class
(1) Any person, who intends to carry out any development or to institute or change any use of any land for which permission under Chapter V is necessary whether he has applied for such permission or not, or who has commenced the carrying out of any such development or has carried out such development or instituted or changed any such use, shall apply to the Authority in the manner prescribed for the assessment of Development Charge payable in respect thereof.
(2) Authority shall, on such application being made, or if no such application is made, after serving notice on the person liable for Development Charge, determine whether or not, and if so, what Development Charge, if leviable in respect of the development or use:
(3) The Technical Member shall, after giving a reasonable opportunity of being heard to the person who has made an appl
(1) Subject to the provisions of this Act and the rules framed under it, the Authority shall, by notification published in the Official Gazette, levy a tonnage cess assessed on the annual despatches of Coal and Coke from each mine at the rates to be prescribed by the Authority with the prior approval of the State Government.
Provided that the rate of such cess shall not exceed six rupees per tonne without the prior approval of Central Government:
Provided further that the tonnage cess shall only be leviable until provision to the contrary is made by the Parliament.
(2) Royalty Cess.-(i) An additional cess at the rate of five per cent shall be levied and realised on the amount of royalty to be received by the State Government.
(ii) Additional cess re
(1) The Authority shall cause mains to be laid down, and water to be brought to the boundary of every colliery situated in the area of supply paying the tonnage cess under Section 89 and shall provide at least one connection and may on the request and at the cost of the owner of any such colliery provide additional connections between its main and connection pipes laid down by or for any such colliery.
(2) On the application of the owner of any premises situated in any part of the area of the Authority other than the colliery, the Authority may, subject to such rules as the Government may make in this behalf, supply water to such premises on such conditions as may be agreed upon between the Authority and the owner of such premises.
(3) The Authority may provide the supply of water through stand pipes or any other source to any town, vill
(1) The Authority shall deliver or serve a copy of the order of assessment on the applicant or the person liable for the development charge and/or tonnage cess.
(2) Such order of assessment, subject to the provision of Section 63 shall be final and shall not be questioned in any court.
(1) If any person, liable for such development charge, and/or tonnage cess is dissatisfied with the order of assessment, he may, within such time and in such manner as may be prescribed appeal to the prescribed authority:
Provided that the assessment order shall remain in operation unless the prescribed authority so directs to stay any action by the Authority during the pendency of the appeal.
(2) On an appeal made to the prescribed Authority under sub-section (1) the prescribed authority shall, after giving reasonable opportunity of being heard to such person and the authority, pass such order as it deems fit.
(1) If any development of land is commenced or carried out or any use is instituted or changed without payment of the amount of the Development Charge assessed under the provisions of this Act, the amount of the Development Charge shall be subject to prior payment of the land revenue if any, a first charge upon the interest of the person so liable in the land on which development has been commenced or carried out or the use has been instituted or changed and also in any other land in which such person has any interest.
(2) The Development Charge shall be recoverable as arrears of land revenue.
Contribution shall be made from Municipal Funds to the Authority in the manner hereinafter contained:--
(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 per centum per quarter on the actual quarterly collection made on the basis of the annual rateable valuation determined under the Jharkhand Municipal Act, 2002 (B. and O. Act VII of 1922) and the Ranchi Municipal Corporation Act, 2001 (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
Contributions may be made from the Panchayat funds, agriculture market-yards and other sources such as irrigation and water tax, etc., as approved by the State Government from time to time.
(1) The Authority shall have and maintain its own funds to which shall be credited-
(a) all moneys received by the Authority from the Government by way of grants, loans, advances, or otherwise;
(b) all Development Charges or other charges or Costs, Fees received by the Authority under this Act or rules or regulations thereunder;
(c) the proceeds of the tonnage cess on the annual despatches of Coal and Coke from mines;
(d) the proceeds of the sale of water to consumers;
(e) all sums borrowed by the Authority under Section 123;
(f) all receipts in respect of any school or institution or work vested in or under the control and administration of the Authority;
&
The Authority shall prepare in such form and at such time every year as may be prescribed by the rules, a budget in respect of the financial year next ensuing, showing the estimated receipts and expenditure for the Authority and shall forward to the Government such number of copies thereof as may be prescribed by rules.
(1) The Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance sheet in such form as the Government may by rules prescribe.
(2) The Accounts of the Authority shall be subject to audit annually by the Accountant General of the State and any expenditure incurred by him in connection with such audit shall be payable by the Authority to the Accountant-General.
(3) The Accountant-General or any person appointed by him in connection with the audit of accounts of the Authority shall have the same right, privilege and authority in connection with such audit as the Accountant-General has in connection with the Government accounts and in particular shall have the right to demand the production of books, accounts, connected vouchers and other document and papers and to i
The Authority shall prepare every year a report of its activities during that year and submit the report to the Government in such form on or before such date as may be prescribed by rules.
(1) The Authority shall constitute for the benefit of its whole time paid members and of its officers and other employees, in such manner and subject to such conditions as may be prescribed by rules, such pension and provident funds as it may deem fit.
(2) Where any such pension or provident fund has been constituted, the Government may declare that the provision of the Government Provident Fund Act, 1925 shall apply to such fund as if it was a Government Provident Fund.
(1) Any person authorised by the Authority in this behalf may enter into, across, along or upon any land or building or colliery with or without assistants or workmen for the purpose of-
(a) constructing, maintaining, repairing, renewing, altering, enlarging and extending reservoirs, mains, pipes and other works upon or under land;
(b) taking intercepting and impounding any water flowing from any land;
(c) making any enquiry, inspection, measurement or surveyor taking levels of such land or building;
(d) setting out boundaries and intended lines of parts;
(e) making such levels, boundaries and lines by placing parks and cutting trenches;
(f) examining works und
The Authority may from time to time place and maintain aqueducts, conducts and lines of mains or pipes over, under, along or across any immovable property without acquiring the same:
Provided that the Authority shall not acquire any right other than that of user in the property over, upon, along or across, which any such aqueduct, conduct or line or mains or pipes is placed.
(1) All documents including notices and orders required by this Act or any rule or regulation made thereunder to be served upon or any person shall, save as otherwise provided in this Act or rule or regulation, he deemed to be duly served-
(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 of its principal branch, local or registered office, as the case may be, and is either-
(i) sent by registered post to such officer, or
(ii) delivered at such officer.
(b) wh
Every public notice given under this Act or rules or regulations thereunder shall be in writing bearing the signature of the Secretary to the Authority or such other officer who may be authorised in this behalf by the Authority and shall be widely made known in the locality to be effected thereby affixing copies thereof in conspicuous public places within the said locality, or by publishing the same by beat of drum or by advertisement in a local newspaper and by such other means which the Authority thinks fit.
Where any notice, order or other document issued or made under this Act or any rule or regulation made thereunder, requires anything to be done for the doing of which no time is fixed in this Act or rule or regulations thereunder, the notice, order or other document shall specify a maximum period within a month for doing the same.
All permissions, orders, decisions, notices and other documents of the Authority shall be authenticated by the signature of the Secretary to the Authority or such other officers as may be authorised by the Authority in this behalf.
A copy of any receipt, application, plan, notice, order, entry in a register, or other document in the possession of the Authority if duly certified by the legal keeper thereof, or other person authorised by the Authority in this behalf, shall be received as prima facie evidence of the existence of the entry or document and shall be admitted as evidence of the matters and transactions therein recorded in every case where, and to the same extent as, the original entry or document would if produced, have been admissible to prove such matters.
No Chairman, member or officer or servant of the Authority shall in any judicial proceeding to which the Authority is a party, be required to produce any register or document the contents of which can be proved under the preceding section by a certified copy, or to appear as a witness to prove the matters and transactions recorded therein, unless by order-of the Court made for special cause.
(1) If the person committing an offence under this Act is a company, every person who at the time the offence was committed was in-charge of, and was responsible for, the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-clause (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of,
If any person- .
(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 which he is empowered or required to do under this Act, or
(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
(c) maliciously, wilfully or negligently breaks, injures or opens any lock, check valve, pipe or other works belonging to the Authority, or
(d) unlawfully obstructs the flow of flushes, draws of directs, or takes water from any water works, or
(e) tampers with ele
No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Authority or any officer authorised by the Authority in this behalf.
(1) The Authority or any person authorised in this behalf by general or special order may, either before or after the institution of the proceedings, compound any offence made punishable by or under this Act.
(2) When an offence has been compounded, the offender, if in custody shall be discharged and no further proceeding shall be taken against him in respect of the offence compounded.
Notwithstanding anything contained in Section 29 of the Code of Criminal Procedure, 1973, it shall be lawful for any court of a Magistrate of the first class to pass any sentence authorised by this Act in excess of its power under the said section.
Every party to any proceeding before the Tribunal constituted under this Act shall be entitled to appear either in person or by his agent authorised in writing in that behalf.
For the purpose of this Act, any prescribed authority appointed under the provisions of this Act or an officer appointed under Section 56(1) or the Tribunal may summon and enforce the attendance of witnesses including the parties interested or any of them and compel them to give evidence and compel the production of documents by the same means and, as far as possible, in the same manner as is provided in the case of a Civil Court by the Code of Civil Procedure, 1908.
No court inferior to that of a Magistrate of the first class shall try an offence punishable under this Act.
All fines realised in connection with prosecution under this Act shall be paid to the Authority.
Every member and every officer and other employees of the Authority shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code.
No suit, prosecution or other legal proceedings shall lie against any person for anything which is, in good faith, done or intended to be done under this Act or any rule or regulations made thereunder.
Save as otherwise expressly provided in this Act; every order passed or direction issued by the Government, order passed or notice issued by the Authority under this Act shall be final and shall not be questioned in any suit or other legal proceeding.
(1) No act done or proceeding taken under this Act shall be questioned on the ground merely of-
(a) the existence of any vacancy in, or any defect in the constitution of, the Coal Area Development Authority; or
(b) any person having ceased to be a member; or
(c) any person associated with the Authority under the provisions of this Act having voted in contravention of the said section; or
(d) the failure to serve a notice on any person, where no substantial injustice has resulted from such failure; or
(e) any commission, defect or irregularity not affecting the merits of the case.
(2) Every meeting of the Authority, shall be taken to have been duly convened and
The Authority may, by resolution, direct that any power exercisable by it under this Act, rules, or regulations thereunder, except the power to prepare any Development Plan or Development Scheme or to make regulations, may also be exercised by any local authority or any officer of the Government with previous consent of Government, as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein.
The Authority, may from time to time borrow at such rate of interest and for such period and upon such terms, as the Government may approve, any sum of money required for the purpose of the Development Plan or the making or execution of a Development Scheme.
(1) The Authority shall carry out such directions as may be issued from time to time by the Government for the efficient administration of this Act.
(2) If in, or in connection with the exercise of its powers and discharge of the functions by the Authority under this Act, any dispute arises between the Authority, the local authority or/and the Government the decision of the Government in such disputes shall be final.
The Authority shall furnish to the Government such report, returns and other information as the Government may from time to time require.
(1) Save as aforesaid, the provisions of this Act and, the rules and regulations made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law.
(2) Notwithstanding anything contained in any such other law-
(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.
(b) When permission for such development has not
(1) If the Authority is satisfied that it is necessary that measures should be taken for any of the purposes specified under this Act in the Coal Mining Development Area or any of its parts and that the necessity for such measures is distinctly referable to any act or commission in respect of his property on the part of the owner or occupier of any land or building, the Authority may by notice specifying measures to be taken require such owner or occupier at his own cost-
(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.
(ii) to carryon such continuous or periodical operations as the Authority may direct for carrying such measures into effect.
&nb
(i) The Government may, by notification in the Official Gazette, shall make rules within six months to carry out the purpose of this Act.
(2) If particular and without prejudice to generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) the functions and powers of the Authority;
(b) the term of office and conditions of service of the members of the Authority;
(c) the qualification and disqualification for being chosen as, and for being, members of the Authority;
(d) the manner of nomination of representatives of local authorities under clause (i) of sub-section (3) of Section 5;
(e) the manner in which an
The Authority may with previous approval of the Government, make regulations consistent with this Act and the rules made thereunder within three months to carry out the purpose of this Act and, without prejudice to the generality of this power such regulations, may provide for-
(a) the time and place of holding and procedure to be followed in meetings of the Authority, Consultative and Co-ordination Committee the number of members necessary to form a quorum therein;
(b) the powers and duties of the officers and employees of the Authority;
(c) the salaries, allowances and conditions of service of its officers and employees;
(d) the terms and conditions for the continuance of use of any land used otherwise than in conformity with a Development Plan;
All rules and regulations made under this Act shall be laid for not less than thirty days before the State Legislature in its first ensuing session as soon as may be, after they are made and shall be subject to such modifications as the Legislature may make during that session or the session immediately following.
(1) Where the Government is satisfied that the purpose for which the Authority was established under this Act have been substantially achieved so as to render the continued existence of the Authority if the opinion of the Government unnecessary, the Government may by notification in the Official Gazette, declare that the Authority shall be dissolved with effect from such date as may be specified in the notification, and the Authority shall be deemed to be dissolved accordingly.
(2) From the date of declaration under sub-section (1)(a) all properties, funds and dues which are vested in, or realisable by, the Authority shall vest in, or be realisable by the Government;
(b) all liabilities which are enforceable against the Authority shall be enforceable by the Government; and
(c) for the purpose
(1) As from the date of the constitution of Authority under this Act (a) The Bihar Town Planning and Improvement Trust Act, 1951 (Bihar Act 35, 1951), (b) The Bihar Restrictions of Uses of Land Act, 1948 (The Bihar Act 23 of 1948), (c) The Jharia Water Supply Act, 1914 (Bihar Act 3 of 1914), (d) The Bihar and Orissa Mining Settlements Act, 1920 (Act No.4 of 1920), (e) The Hazaribagh Mines Board Act, 1936 (Bihar Act 3 of 1936), (f) The Bihar Regional Development Authority Act, 1981 (Bihar Act 40, 1982) shall cease to have effect within the area notified under Section 3 of this Act.
(2) The Gram Panchayat Samities and Zila Parishads constituted under the Bihar Panchayat Samities and Zila Parishads Act, 1961 (Bihar Act of 1962) as modified up to 20th June, 1970 whose jurisdiction extends over the Coal Mining Development Area shall not exercise such powers and functions as have been en
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