1. Assen ted to by tt,e !;'resident or. 23-0"1-1982 and published rn Brha; Gazette (ext-
4 ord .) dated 25-1-1982 .
!P~P61f O ~
uhce !Bu[iatr L9J®gJU©)h1~~ lO.>®~J®~[»Lc»mrut~u r~
~~ ~!lu@rrnillJ !0\~)19 ti 9)14),
[BIHAR ACT 40 or "1982]1
An Act to provid e for the Dovelopmeni of various teqions of tne Stm'o of
Bihar according to plan end for matte rs ancillary thereto.
Be it enacted by the Legislature of the State of Biha r in- the twenty-eighth
year of the Republic of India as follows:
CHAPTER i
PRELIMINARY
1. Sho rt tit ;e and commcncement.-(1 ) This Act may be called the Bihar
Regional Development Authority Act, 19111.
(2) It shall come into force on such dale and in such areas as the State
Governmen t may, by notif ication in the official Gazette, appoint.
Comment s and case-law
[Com ments.- The Bihar Regional Development Authority Ordinance, 1974
(no.175 of 1974) was prornulqate d on 19-9-1974. By successive ordinances ii
was kept alive and finall; converted into ihe present Ac1 of 1982. The list of Or
dinances after 175 of 1974 is as follows:
33 of 1975; 92 of 1975; 126 of 1975; 128 or 1975; 59 of 1976; ·129 of 1976:
187 of 1976; 40 of 1977· 98 of 1977; 162 ot 1977: 207 of 1877; 255 of HJ77: 3.3
of 1978, 98 of 1978; 38 of 1979; 86 of 1979: 113 of 1979; 2 of ·1980; 95 of "1980:
116 of 1980; 10 of 1981; 120 of i981; 191 of 193-1 and Act 40 oi 1982.
The Act is not the replica of its predecessor ordinances, rather soma
changes in some sections were introduced while converting it into an Act.
A significa nt controve rsy seems to be there in the assignment of 'year' to
this Act. While the heading carries the year '1974: in section 1 (1) year '1981'
has been assigned.
The text ot this P.c1 (40 of ·1982 ) was published in the Bihar Gazette .only
in HindL Howeve r, tho 1 ,ublishing of substantial portion of the Act in English in
this Book could be ·ren0~red possible by comparing the text of the Act in Hindi
with the text .m Hindi of earlier Ordinances and taking the English text of the
Ordinances (the Ordina ces appeared in both English and Hindi) where the two
Hindi texts taliied exactly 0 1 where very minor translation was involved.
Tho purpose of ih" Ac! is. to plan the town anti thus to keep industrial ar
eas away from the residential or commercial areas. Swastik Rubber Products
l.td. 11.. Municipst Corp, stion, AIR 1981 SC 202 2.
A statute provid ing remedy of app eal only against some decisions of the
Town Planning Office r, cannot be held to be discriminative for that reason
Pralmsh Amichend Shah vs. State of Gujrat, AIR 1986 SC 468: ("1986) sec
581.
The scope and authority or a precedent should never be expanded unnec
essarily beyo ,d the needs of a given situation. ibid.
The eitc;ct ot non-performance of G dutv imposed by a statute in the man
ner prescrio ed by the statute is not discovered by a simple answer to the ques
tion wheiher he provision is man datory or directory. BX. Srinivasan vs. State ot
:;arnataka, (H J87} I sec 658.
Where two or more laws operate in the same field each containing a non
oostente clause stating that its provisions will override those of any o her law,
the conuict has to be decided with reference to tt,e object and purpose or the
:aw.cs. Where the newly enacted Act, is made nugatory on account ot the orovi
so ns of the earlier Act, the newly introduced Act will provaii. Md . Yunus vs. Bibi
Phenlcani, 1987 PLJR 65:1986 BBCJ 736.
Iho restrictions contained in t his Act with rsqard to erection of buildings are
mandatory in character. A complete embargo is 'put on the authorities to grant
sanction except in accordance with the "Master Plan". Doman Paswan vs. State
of 9ihar, 1983 PUR 968. . . .
Laws imposing taxes can amount lo restrictions on trade, commerce and hi
tar-State ;ntercqurse, if their imposition hampers the free flow o: trade and these
are not what cart be termed lo be co mpensatory taxes or regulatory measure.
West BP.ngal Hosiery Association vs. State of Bihar, 1988 PLJR (SC) 96.
A proviso should not provide beyond the field c overed by the substa ntive
provision. t, the proviso does so, if must be read down. State of Punjab vs.
r-<ailash Nmh, {1989) i sec .321.
Provisions of Bihar Land Ceiling Ad are also applicable lo agricuaural land,
situate within limits of a Municipality or a Notified Are2. CommiHee. Ram
Chandra Singh vs. Sub-Di visionn! -Otticer, ·1989 PLJR. ·i 03.
Blaclt listing .any person 'ln respect of business ve ntures has civil conse
quence for the future business ot 1he person concerned in any event. Even if
the rules do not express. so, it is an elementary principle. o~ natural justice that
µ:~rties adversely affected by any order should have the right of being heard and
making representation aga inst the order relating to blacklisting, Raghunat h Thakw
v. .srate of Blher, {1989) 1 sec 229. also see Erusian Equipment end Chemicals
Ltd. vs. State of WB., (1975) I 'sec 70. ·
?avemen'1 stalls creating co nqestion and inconvenience ca n be removed fol
;owing procedure prescribed by law. Municipal authorities have no !egal obliga
tion to pro~ide the pavement squatters alternative shops for their rehabilitation.
Mu nic1;oal Corporation of Delhi vs. Gumam Kaur (1989) I sec ·101.
The issuance ot the draft notification proposing to P.;cch2de certain areas
from the terr itorial limits of the Municipal Corporation or Authority cannot eifec i
the exclusion of those areas.' The issue. oi final notification to that effect is nec
essary te bring abou; their exclusion. Services Housi ng co-operative Society Ltd.
VR. State of Bihar, i99'j ('i) PU R 2i. .
If the proce dure laid down in the Ad, laying down the mode of giving no
tice to the owner or occupier of the building· to [umish certain particulars of the
building are not followed by the concerned Au1ho,iiy, ths .suosequent proceedinqs
may be held to have becom e vitiated . Servi ces Housing Co-operat ive Society
Ltd. vs. Stale of Blhsr, '1990 (2) PLJR 832 (FB) . •
Bihar Regional Development Auihorit y Act, 1974
,., l
~ J
•
If ·thP.re is a bonafide dispute 'regnrdirig the. tills of tno State Govcmmen,
·any property, the State Governme nt r .. ~not tako an unilateral decision in its o
favou r that the disp uted ,;xoper!y belongs to it. Suah a dispute must be w::fj~1
cated upon by the ordinary course of law. Sm!' Hekhe Singh vs. State of eih
. ·1992 (2) PLJR 854.
A _doclar i:on o1 law ,is binding on all concerned whether a person ts pa
to that proceec ing or not. Bihar Chamber or Testing Stations vs. Steto of Biil
1993 {1) PLJ 164.
A legislative Act will not be held to be uli, a vires for want ol' valid expm
guidance given in that regar d, if there are any inbuilt safeguards therelor in i
Act itself. Builders Association ot India vs. Stat e of Bihar, 1992 ("I) PLJR I {~
Practice adopted ;n the past cannot override Zhe statute and staiutory re<.:
tations . B.RS.T.E.v s. State of Biner, 1993 (1) PLJR 352.
Courts must endeavour to harmonise different provisions of Hie same ,c
and wher e two interpre tations arc equally possible, prefer an intcrpretaiio n whi
will leaO: to i1mmonious construc tion rathe r than one that will result 1:~ incense
ency o- mak e , provision. redundant. Mosst. Pomlo vs. Hirata/ IV/ahto, · 982 :
PLJP 858.
There is urgent need for taking effective steps tor ensuring prevention
descretion or damage to monuments of historica l and archaeo loqlca' importarc
Courts are competent to give directions for shiting industrial units for effeciuati 1
this purpose . Surondra Kumar Singh vs. State of Bihar, i 99·1 {2) PLJR ""i·1 iS(
Authorities are bound by the procedures laid down by them. Unless !"le pr
cedure laid cow n is, complied· with the order passed :n violation thoreo: would I
subject to judicial review. Raj deo Pis sed vs. State of Bihar, 1990 (2) PLJR 20
A Corporation may be "State" within the meaning of Article 12 of ,he Co
stitut ion bein g an instrumentality of State, but an agreement entered into I
such Corporation cann ot be termed as an aqreom ent ·by .the State so as to <
tract Ar ticle 29!) ot the Constitution. Usha Breece Ltd. vs. State or Bihw; 191
(1) PLJ1 183
Auction Purchase r of land or building through open auction bid -csnnot :
equated with allortes under Hire Purchase Scheme of the State Gove mM er(
any Housing Authority. Raj endra Pr ssed. Singh vs. State , "i 993 (t J PLJR 36i
The Act 'las been enacte d to provide for the development of various r
gions of the State of Bihar. By reason .of the regulatory measures provided
the Act and iis Bye-Laws, .the right of an individual to ul~ise his priva iely owrn
land in 'any manner he may choose has been ·sornewt~t rsstricted, Uma Sh.va
Parivar Trust v:: State of 8 1har. 1990 (t) PLJR 503.
Dev elopment Authority may adopt the mode oS draw of lots jo r makinq ,
lotme ·1t of plots of land to applicants, where number of applicants is much mo
than the available numbe r of plots of land or housing units. Whern such allc
ments ar e mac" from time to time continuously, the re is nothinq unfai r in 11·
Autho rity asking to· paymen t at the rate prevailing at the lime or altotrnent, wi
option to the .., llottee to accept or decli ne the offer. ODA vs. PK. Jeir; 19f
Supp. (3). sec 494. .
A Statuto rv Authority has no power to review an orde r, unless the ;:iower
review has been conferred upon i1 expressly or by necessary implicalion. HO\
ever all Statu1o. '·' .,..ribunals have. power or procedural review. Bigna Ram vs. Sta
nf Rih~r "'~% l1' PLJR 502.
Bir1ar Regional Developrnent Author ity Act. 1974 Sec: 1 ] · ·
..
{ j ) {('lq,
(ii) ~~-q- ~
(ii,) <t~l<.I~,
(iv) D.6tGct·l (~ ..:~ PIT~) .
( V) tcc•IS .il1l 3l("{' (?ell$ ~,
(VI) fq'l\tf ~ -~ ~:l ~ ·fus,
(e)
Tha Principle of natural justice as a part of procedural law has ocen c1p
piied and extended to quasi- judicial proceedings and administrative matters to
ensure that no one is adversely affected without reasonable opportunity and fair
:,eating. No order can be passed without hearing a person lf it entails civil con
sequences, UP. Aw.;,s Eva.m Vikash 0 3rishad v!:. Gyan Devi, (1995) 2 sec 326.
fliialafide .-A plea of malatide must be clearly alleged· and stnctly proved.
A- finding of rnalatido cannot be. recorded on vague allegations unsupported by
coge nt materials. R. B.A.G G.f I.C.S. ltd vs Steto of Biher, 1995 (1) PLJR
164.
Legitimate Expcc tation.c,-..Fair procedure and just treatment ir, the core. of
!r.dian Jurisprudence. The principle ot 'legitimate expectations' applies where a
person having no enforceable rights is ynt affected or is likely to be afrncted by
order passed by Public Authority, U.P. Awas Evam vikest: Peris ned vs. Gy en
D,9vt; ("1995) 2 sec 326.
Taxing Statutes.- Ta)(ing Statutes are lo be strictly construed. If the subject
rnal' er of tax does not fall within the plain language of the taxinq provision, no
ax an be imposed. Puri Munfcipa( Council vs. Indi an Tobacco Co. l.td., (i996)
1 sec 293.J
2. Ud' ini~ions.- ln this Act unless the context otherwise requircs:-
(a) 'amenity' includes road, water-supply, street lighting, drainage, sew
erage, public works, housing, play-fields, parke, educ ational; com
munity rind recreational facilities and such other convenience as the
s;n te Governme nt may, by notificat ion in the official Gazette.
sp0cifv 10 be an amenity for the purpose s of !his Act;
(b) 'Authority' means the Flegionnl Development Authoritv constituted
under section 3 of the Act;
(c) 'buildinr!' includes any structur e or part of a structure w hich rs in
tended to be used for residential. industr ial, comme rcial or other
purposes whether in actual use or not, and compound wall or fenc
ing thereof;
(d) 'bi, lding operation includes erection or re-erection or a building, or
anv part thereof, roofing or re -roofing of any part of a· building, or
or any open space, any material <literation or enlarqern ent of a
buudinq, any such alteration 01 a building as rs likely to affect an
alteration of its drainages or sanitary arrangements or materially af
feet its security, or the construction of a door open inq on any street
or lr:nd not belonging to the owner. .
,, ·· ~ ··, ~~ ~ 4 ~ ...........;i, -- -, ~ f' r .,.,. '·.;\IC"I•• -;.Cf1-;011u1 ~ "'1 1~1 4'! ti <.l-1~ 1<-:1 <TI' '<"'1!<•;1 \.f'ffl' <.'>I~ fl -ICt 0 1
.ii '1i->1f\"if.tirn ~~·an~ ~w -, 31~~ . ~ ~ ·~ ~ ~
~ ~ :.;sit -
[ Sec. ? Bihar Regional Development Authority Act, 1911 ,~ ]
(vii)~ ~~I ~ mrr f:rfl ~ ~ ~ w:r -q' it~ ~ ~Ii
~. ~; u~, f~ -.;ir ~ ~ ~ <h" "1r<.1'1 ~ ~ ~:rii' ·
a:i-mli-6f'1f <fi" ajt~ '3«n ~ q;- ~rJ t.clr mf<m m1
~<l:11.st.d<~(U! ~ "<t f.ma;{U f ~ ~ - ~ ~ ~ ~ YiI<'if i° fu ~ ~
.:w.f ·J; -~i'f ·f.f::;r~ c8" l[ f,.;p::rriJf aj ~ ~;-
( i) ~ cfil G~ff ii, Tic., t"ll,r1, ~ , ~ 1 ~ . fc;i_\'1 1 T~ ~- cJ>l~ /t;
H !?.~ , ~f ~~~ii-~ V,Fl i1Jur <fil ~14~{ ~ ~ 1;;:rraj
•. ,i:l.;i ~ ~,. :-1-1rr
c ii) ~ ~ Tim c;;'l· r..'Vff ii ~1 ~ -. -r:? ~ <IT ~ - :;-iH~
.( ~J~1A¥i-1) ~ <m~ fm:tITT' r
(f) 'Chairman' means the Chairman of the Authority;
(g) 'development' with its qramrna ticat variations means the carrying rn
or building, engineering, mining or other operations in or over or 11r
der land or the mal<ing of any material change in any building c
land anr' includes re-dove lopment and layout and subdivision c
any land and 'to deve lop' shall be construed ac cordingly;
· (11) 'Development Area' moans any area declared to be deve loprn on
area undor sub-section('1) of section 8;
(i) 'engineering .operations' include the formation or layin!=! out of streo
or road or means of access to a road or the laying out of 'T'eam
of water-supply, drainage, e lectricity, gas, transportation and othet
public L'lility services; ·
(j) 'Master Plan' means the p lan prepared by the Authority under sec
tions 17 and -1 a;
(!<) 'Khas Mahal land' means land vested in 1he State of B1har;
( 1) ''I.~' w: ·?i ~ *· ;,m- ~m ~ m~ ~ m ,_r-;:1 ~ mer ~ '1~,::\1
~-!f!. <i, -::mil' 11llTllf w:1· -?i- ~ u cffi'.l<l-'lf. ·« ~ ~ ~fi:l ("'[ ih
(m} 'Local Authority' means any IVlunicipal Corporation, 'i local body
constitute d under Bihar and Orissa Municipal /,\ct, 1992 (B. g
O.Act VII of -1922) or Panchayat established under the "[Blhar
Panchavrti Raj Act (Bihar Act \/II of 194-8} or any such local body
constituted in any region to which this .Act app lies;
(n) 'means of access' includes· any road or means. of access. whether
privat e or publice, for vehicles or pedestrians.:
(o) 'Regulation' means a regulation made under this Act by the Re
gional Development Authority constituted under section 3;
(p) 'Rule' means a rule made under this· Act bv Stc1te Government:
(q) 'Region' means any area declared as such und er sub-sect'on (2) o/ ·
section 1 or suo-eectiorut) of section 8; ·
(I) Regional Plan' means the plans prepared by the Authoril y under
section 16,
ts) ~ ce-Chamnan' means the Vice-Chairman of the Authorit y;
ZDna' rocans arrt cne -Of the d w.ions in which the Development Area
ma, t..:::. .:dad for the purpose of development under this Act:
Bihar Reqional Development Authority Act. 1974 Sec . 2 ]
•
C~iA?T~f3 ~J
THE REGIONAL Dt:\/ ELOPMENT AUTHORITY ll.NO ITS OBJECT
:_:,;, \~t::fJO~ila, O:av;;i!o;p1111tenft foiwRhor1H!JJ.- (1) The SI.ate Govemmer' shall, at'
any time attsr U ,. commencement of ihis Act, oy notitication in ihe o1ficia, Ga
zotte, constitute ror the purposes of this Ad, an Authority to be cal.ed us :=le·
g'or.al Dcvelopm ·1t Aulhority bearing the name o, that Regim~.
{2) The Authar ily shall be a body corporate by the '1foresz.id nan o, shat
nave pe1peil.18l succession anti a common sen! with power lo enter inio contract
and to accuire, hdd and dispose of propen:y both movable and immovable- and
shail by the s.c, id name sue ar.d _be sued.
(31 The A.uiho,·ity shal l consist of the follow ing members, namely;--
(a) a Cha irman, who shall be the rVJinister of ~ne Urban Development
Department of ths Staie of Bihar or any person nomina ted by the
Slate Government and his ·:enure shall b~ generally of ~hrea years:
(b; \/ ir,0 ~hairrnan, ·10 be appointee by the State Government;
(c) a planning Member w ilO shaH be U1e Chief Town Planner, Bihc.r, or
his nominee not below the rank or Assistant ·rcwn Planner (Ex
oi ticio}:
· ( d ) ~Tii~ ·wfu\~l(f i1' ~~~ o!l'R ~if' <X ~4¥ ~ ·x-4~~~ o1i ~r,;r ~ '?~I
!l!fuf.rfui m ?i ~ 3l1JZ!ey; i:;:--<1, ~ ~ - m 3':f~T'«<f "1'1-;-;,rftr ~ 1
~ *( ~ ~,:;yr "lf.Tff, "-iT{ ~ ~ GfU ~ ·f.f'~ f'~ ~;
(G) two other persons to be n ominated by the State Govern ment of
whom one shall be a person of administrative or technical experi
ence and the other shall be a social scientist:
(f) Adrni11istraior/Chiei i=J(ElCutive Officer of fhe rJlunicipal Corporation or
Enecuiive Officer/Spoclal Officer ol the fVlunicipality scuated at the
Headquarters of tho Reagional Development Authority;
(g) Chairman, Bihar State Housing. Board or h is nominee who shot.Id
not b-1 below the rank of 'Elcecutive Engineer (Ex-officio);
(h) r~o· more th an three members of the Bihar Leglslature of tho Re
gior:ai DevelopmentA rea nominated by the State Govemment;
(u) 'Zona l Development Plan' means the plans prepared t.y the Author
ity under sect ion 19;
M 'Urban Area' means the standard urban area as defined in the Cen
sus Act, 1948 (Act 37 of 1948)
Comments ll.: ~c-law
[Bui!din9 me ans a rootsd structu re. Mere construcuon of walls docs not
consrn:.rte a building. Sewai tat l(ha.nfla v. State. 1930 BLJR 489.
T!1G expression "lo erect or re-erect" m relation to any building includes ·a-:e
reconstrucuon of lhe whole or any part of the exter nal wails of the b ~1ilding. Aki n
Nandi vs. State, 1964 BLJR 520.
Areas included in the "Green Belt" according to Master Plan prepared for
the· region ha v go'! to be kept as such ':le treated as vacant lard within the
r •• ~aning of. the provisions or section :2(0) (i) Doman Paswan 11. State o: Binsr,
~ £~::! P1-JR 963.]
[ Sec. 3 Bihar Re gional Dovelopmont Au!hority Act, 197'1 G
•
(i) Collector or Deputy Development Commissionsr-curn-Chiet E:.1cec•
tivs Officer of the district, to be nominated by the State Goiter
meat (Ex-officio);
0) Chief Er.gineer, Public Health Engineering Department or his nom
nee noi below tho rank of Executive Engineer (Ex-otiicio};
(k) Chief EngineE!r, Public Works Department or his ro mmee not beloi
the rank ot Executive Engineer (Ex-officio); ,
(I). Secretary, Urban Development Department or his nominee net be
1ow !he ran« of Deputy Secretary (Ex-officio).
(4) The Vice C hairman sha ll be a whole-time Government servant
(5) The Vice-Chairman shall be entitled lo receive from the funds o f the t'.\L
thori1y such salaries and such allowances, if any and governed by such c.,-;ndi
tions of service ~s may be determined -by rules made in this 0ehall.
(6) Other members specitied in clauses (d}, (e ) and (h) of sub-section (3
may be paid from the l'unds of the Authoriiy such allowances, if any; as may b1
fixed by the State Government in this behalf.
(7) The Chairman, if he is a person nominated by the Stats Governrnen
under clause (a) or sub-section (3) of section 3: and the Vice-Chairman shal
hold office during ''h:a pleasure or the S late Government.
(8) Members reterred to under clauses (d), (e) and (f) shall hold office for c
term of three years from the date of their nomination to the Auihority:-
Provided that such term shall come to an end as soon as the rnernbei
ceases to be a member of th::; body from which he was nominated.
(9) A member other than an Ex-officio Member may resign f1is officG b~
writing. under his hand addressed to the State Government but shall continue ir
o'fice until his resig nation is accepted by that Government.
(10)_.No act or proceedings of the Authority shall be invalid by reason of 1h<:
existence of any vacancy in defect in or the constitution of the l-\uthori1y.
Comrnenlls sinci caise-Jaw
[The State Government has the choice in the matter of nomination oi Chair
man, either to noromata the Minister-in-charge himself or any olher person, orcli
harily tor a term of three years, at the time or constituting a Regional Develop
. men! .Authority. Once this choice or option has bean exercised, the power under
• sub-section {2) (a) .o: section 3 is exhausted and cannot be re-sxerciseo. The
Chairman's appointment cannot ·be can celled by e}cercising the power conferred
by section 3 (7). The Chairman cannot be removed from office before the expiry
of the term except Linder the provisions of section 5 . R.P R aj a vs. Si"ai·e of
Bihar, 1987 PLJR 275.
The doctrine of "pleasure" is merely an empowering one. The exorcise or
"ptaasure" under Article 310 of the Constitution can only be made. in the manner
indicated in Article 3i 1 ofr<neC onstitution and not otherwise. The doctrine of
"pleasure" being .a serv.ce concept, the "pleasure" theory cannot apply to a
Chairman o1 a rle gional D~lop ment Authority. ibid.
:-he C hairman of~ - egional Development Authority is not an employee
. working for. salary. The C airman is a statutory authority created by ihe statute
and can in no manner b described as a Government servant or an emp!oyee of
~n \/&;ill"nn-'lc.:Jn~ T h o rfn r tr i .o n f 11nl.o?ic ., n-c," ,om h n.rfiorl ;n 1\,-\l'i...-.lc t:,·~ n ,-...f ·~h'"" r> r-v ....,r-~;:.,.
Bilcar R egional De velopment Authority ~.ct, 1974 Sec. 3 ]
.tl ~u·,~t ir,n ir .-. ..... , ........ ...J .... r -4 - •• · •
(2) P. person shall nor be disqualified under clause (c) of sub-section (1) or
t:3 deemed to h. •ve any share or interest in any incorpor ated company which
hc:s any snare or interest in any contract or employment wilh by or on behalf of
ihe Authority by r•~ason only of his being a share holder ot such company :
Provided· ~h, . .: such person discloses to the Govarnmeni thH nature and
e::-::mt or the share hold by him, .
;~ .. f-:eJTi0~1.ml of the member .- (1) The Government may. b-.; notihcation, re
move any member from office-
(a) i, he has. w ithoui the permission of tne /\ui horit y. boon absent fio, n
more 'han three consecutive meetings of the Authority, or
(bl if he. being a legal practitioner. acts or appea rs on beha lr o; any
p,:..-son other than the Authority in any Civil, Criminal or other legal
procc~eding in wllich the Authority is interosted, either as ~ 'party or
otherwise. or
(c) ir ,,., has, in t:,e opinion of Hie Governm ent, contr avened the provi
siorr of section JO. or
(d) if he in Hie opinion of ihe Government. had become physi cally or
memally unable to act as a member :
Provided thai when the Government proposes to take action under sub-soc
tier: {1) an opportun ity of explanation shall be given to the mem ber c oncerned ,
and no such action shall be taken except after· taking into consideration his ex- ,. ..
tion is a serv1 . .__ concept. There is 111Jth1ng rn tne Constitulion provioinq for the
extension of t lor.trine of "pleasure•· to non sorvice person ibid. ·
The Stai ... Legislature has no authority to leg1slaie en the "nleasuro" oi thr->
'3ovemor al a State. Sub-section Cl) of section 3. in so tar as :1 is made appli
cable , the case of a Chairman of a Fleg1onal lJevelopme nl Authority ,s ultra
vtres. 1: ihe }Owers conferred 'by provisions of section 3 (7) are not controlled by
sec non 'i, .hoy will be hif by Article 1L! of the Const itution of India, as confer
ring arbitrcry, unguided, uncanalised and unbridled newer on the Slc1te Govern
r,;:.,.,nt. 1i1id. · J
r. 1Ji;;,cj••.iU.icaa:on for a:opointlr ,enl of a member ci lhe Autho rity. (1) A
person shall be disqualified tor boing appo inted as and for being 2, member oi
•he Authority if hG-
{a) has been convicted by a Criminal Court foi offence involving moral
turpitude, unless such conviction has been set aside:
{b) is en applicant io be·adjudicated a bankrupt or insolvent, or is an
unceriificated bankrupt or undi scharged insolvent; .
(c) has. dlrecttv or indirectly. by himself or by any partner employer or
employee any share or inte rest, any contract or employmen t with,
by Of on beha!f of the Auihority ;
(d) iG a directer, or a secretary, or a manager or other salaried officer
of a;,y incorpora ted company which has any share or interest in
any contr act or employm ent wltn, oy, or on behalf of. the
.A.ui11oritJ1 : or
(e) it, of unsound mind.
f Secs 4-S Bih"'r Re11ional Development Authority Act 1974 8 j
Commen ts 8: case-law
[The State C:: vemrnent has \he choice in the matter of nominatic n of Chair
man. either to nominate the Minister-in-charge himself or any other: person, ordi
narily for a term of three years, at the time of constituting a Regional Develop
ment Authority. Onr.e thls choice or option has-been exercised, the power unoo
sub-section (2) {a) of section 3 is exhausted and cannot be re-exercised. Thi
Chairman's appoin rnent cannot be cancelled by exercising the power ccnrerrer
by section 3(7). The Chairman cannot be removed from office before the eJ(i)i'"'.
of ihe 1crm except under the provis ions of section 5. R. P Raja vs. Staie o
Biher, 1987 PL.JR. 275.
The doctrine )f · pleasure" 1s merely an empowering one. The exercise of
"Pleasure" under Article 310 of the Constitution can only be made- in the mannei
indicated 1n Article 311 of the Constitution and not otherwise. The doctrine ol
"Plea sure " being a service co ncept, the "pleasure'. theory ca nnot apply to a
Chairman of a Reg ional Development Authority. ibid.]
., ....!.-- G. Staff of the Authority.- (1) The Authority shal! have a Secretary, 10 bP
appointe d by the State Government; who shall exercise such powers and per
form such duties as may be prescribed by regulcJtions or delegated· to them by
the Authority, or the Chairman.
(2) The Authority may, subject to such control and restriction as may be
prescribed by rules approved by Government appoint such number of other ofi'ic
ers and employees {including experts for technical work such as Economic Plan
ner. Transportation Planner, Health and Education Planner, Data Information Sys
tem Planner) as may. be necessary for the efficient performance ot its functions
and may determine their designation and grades.,
(3) The Secretary, and other officers and emp loyees of the Authority si1all
be entitled to receive from the runds of the Au thority such sala ries and such al
lowances if any, and shall be go'lerned by such conditions of service as m~ be
determined by regulations : ·
Prov1ded that appointments to posts with minimum salary of HS. 500 shall
be made on the advice of the Bihar Public Service Commission. The Authoritv
may appoint a person on any post ca rrying salary above Rs. 500 after approval
of tho State Governme nt and the total period of such appointm ent shall in :10
case exceed six months.
(4) The Authonty may appoint a consultant on hire to assist in pli,nning and
other tasks, provided that in case a consultation f ee exce eds rupees five tho u
sand tor a consultant prior approval of State Government shall be necessary .
Comme nts ll-t case-law
· [Where the statutory rules lay -down the requirement of approval of Public
Service Commi ssion, it is necessary to follow it. The State Government can cli
rect to terminate (u/s 65) the contract of service where the appointment was
made in violation of the above requirement, The High Court will not interfere in
such a case. Parbhat Kumar Mukherjee v State of Bihar, 1969 PLJR 56 (SC).
Section 6 (3) of the Act only empowers tho Authority to .appoint the Sacre-
(2) 1-, member removed under the foregoing provision sh:.ill not h e eligihk.i fc
re-election or re-: nomination
3ihai- Regional Developm ent Authority Act, 1974 -Sec. 6 ]
"SO is onli a breathi!lg elbow power given to the Authority to make temporary
r.1,::r90:nlment so that the work of the Development Authority qoes on pending re
cru iitnent Santosh Kumsr Verma vs. Slate of 8 1har, 1997 (2) PLJR, 9,( SC)
7. :.1.~(~.:.,iii,gs of il11;1 &uthoi-i1y.- (1) The Authority shall meet 3! least she
tin~ :n each calender year and there shc.11 not be a gap of more than sildy c!av~,
IJ:·:•:.,r,30n two consecutive meennqs.
,2,. Tha conduc t oi' the meetings, quorum, service or notices, aqenoa . atc.,
::-,;,-,j1 b-::i as prescrosd by regulations .
. S::·.i.::,Mfa~·m·(enic of Regional and De:v~lopment area and ~a:er.!.tion of
'.}u:.a~· Ri,,.-irk;.--(1 } The State Government may, by notiticatio n in tho offic id G.,.
Z.Si'.•a, r.?.s!2.b:is:1 areas tor the purposes ol this Act by defining their li'""1its. to be
tr;·;,-.r;n as ~i) Region and (ii) Development Arna , tor which the Authority :,,hall
r,rGf\';!1-.z a Master plan and carry out development works therein :
ProvicfrxJ that no Military Cantonment or any pan o; its area requ ired for
mi!r~ry or defence purposes sh::ill be included in such areas without 1he sanction
d ii 1G Cent.al Gove rnment.
(2} The State Government may, by notification in· the official Gazette , altei:
•i)e !:r.;Hs o1 the Region and the Development Area. so as to include therein or
io o~c:(,i::b there from such area as may be specified in the notification
{3} .~. 131,.-::, show ing the boundary of the Region and the Development Area
.;:.,; <f!SWblished under thls section shal' be available for inspecti on in office of
ihc !~ti/hority, oi'Hce of the Collector and Local Author ities concerned .
(•'>) I; for purpose o~ decentralisation and fac: lity ot work the Siate Govem
(jl(:,;·.: sets Ly a new !=legional Development Authority, whose notitied area, whol'.y
c. ::-sir:ry, overla::is that of an eidsting Regional Devel opment Authority, the 1awly
sC:i-l up t-.•.1tho,ily may function, with the dictates, referred for approva l or the
c,~stng P.1.1thority, so fa r as it concerns the arsa overlapping.
·~. U::::·&l:::ili~tri.cm-1 of Counmii ~eas.- (1) Ihe Authority may cons titute Com
n,;riG·'=' consist ing who lly of members or wholly ot other per sor.s or pan!y of
ff ,.:,mrJ:icrs an d pmily of other persons io r such purpose o~ purp oses as it
,-.-iav thinl: rn.
(2) .~. Commiiiee constituted under this section shall meet ,i ~ such time and
ri2ic:; <:1ncl .c;i12r; observe sucn rules or procedu re in regard to the transaction of
til.!::.i;-,e;>:'.'::; :)l rs meetings es may bo determined by regulations made in 'his betiaif.
P) .'", Commitiee constituted under this section, shall have such duties, re-
• spon:.,iiJilities and· power s as way be prescribed by the Authority and c:11 lls rec
.::wmne11~;c1~ions and acts shall be subject to final confirma tion by the /\uth ority.
(4) The members of a Committee shall be naid such fees and allowances
"or 3rio ncling its meetings and for atlenciing to any other work oi' the Aethority,
:::s. r,~c:iy bo deto rrnincd by regulations made in this behalf.
·Jf1, ~tfir,,Mf:•~l'S i,ll .ihe Aufthority not to iakf} par? in prroceed:ings in. which
:11,.;:r "'L·. [•or::: -G111@111 iniav-~:.:.,etl.-(1) A member or person asso ciated with tho
''.'JibJri:~, er a member of any Committee who-
(a) has direc11y or indirectly, by himself or any -partner, employer or
employe e. any such share or in\erest in respect of any matter ; or
(b} has, 2cied professionally, in relation to z.ny matter, on behalt of .per-
· son ha vina U1P.rnin ::m11 c:11rh ch ,,·~ ~- :- •-··--· - , · ·
( Secs. 7-10 Bih; t Regional Development Authori ty Act, 1974. '1 0 J
shall not vote or taks part in any proceeding of tho Auth ority or any c ommstec
relating to such matter.
(2) If any member or any person associated with the Authority or any mem
ber of a Committe e appointed under section 9 has, direct ly or ir~directly. any
benoiicial interest in any land situated in an area comprised in any ho•Jsing or
development scheme framed under this Act or in an area in which it is pronosed
to acquire land fo, any of the purposes of this Act-
{i) he shall at a meeting relating to such area of the Authority or ariir
Committee inform the person presiding, of the nature of such i'lter
est whicr. shall be. recorded in the minutes of the m ee"linf J,
(ii) he shall not take part in any proceeding relatinf; lo such area at a
meetin g of :he Authority or any Committee.
(3) Nothing 'r sub-section (2) shall prevent any member or any person assc
ciatcd with the AU:hority or any member of a Committee appointed. under section
9 ·:rom voting on, or tak ing part in the discussion of. any resolution or ouestion
relating to an y subject other than a subject referred to in that sub-sec tion.
11l. Object s o1 ihe Authm ilrlf.-T he objects of the Authority shall be to pro
mote and secur e planned 'development of Region in general and Deve loprrent
Area in particular and for that purpose the Authority shall have. lhe power ~P
acquire, hoid, manage and dispose of land and other property, to ra m; cct build
ing, engineering, industrlal, agricultural and other operations, "o execute worlts fn
connection with transportation, supply of water and eieciricity, dispo sal oj sew
age, drainage, and other services and amenities and generally to do 3illfih:ng
necessary or expedient for purposes of such development and for purposes in
cidental thereto and the Authority shall be the principal agency to provide ;,.II
infrastructure for t11c development of the aforesaid areas :
Provided that save as specific ally provided in this Ac1 nothing contained
therein shall be construed as authorising the disregard by the Au!horily or any
law ·for the time being in force.
CHAIPTIER m
RESPONSIBILITIES, POWERS AND FUNCTIONS OF THE AUTHORITY
12. Rsspo01sl bili"ly o~ ihe ::t,.uthoviiy forr plarrmfr llg ~ll1ld emacn..l~Oolio ii.vii'
sch eme s reiaftirog to ihe IOevell ipmeill1t airnas.- (1) Subject to the provisions o~
. this. Act, the Author ity shall be respo nsible for formulation, co-ordination and
supervision of the execution of" au· planning .and works relating lo the deve lop
ment of area or part thereof and more specifically for-
(a) land acquisition and development of land;
(b) general improvement .works including laying and relaying or· modliy-
ing 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 S!urn lmprovemenl Sch emes:
(f) Transportation schemes including riverine transport;
(g) schemes for supplying essential services lilte water, cook ing gas,
electnc ity, etc;
(h) schemes for provision of communit y facilities like retail anal whole
sale trade, hospitals educational and cultural institutions, recrea-
.·.:- ~-- • 1: _ _ :1:1.: __ -·-··---··-....!- ~~·~'~- -·-·
f "J1 Bihar Regional ~evolopment Authority Acl 4 Q Secs. 11-12 J
Comme nts & case -law
[Section 12 r/w Articles 243W, 24~ZD and 243ZE and Twelfth Schedule of
Constitution o, India-coll apse of habjtat planning- urban planning with people's
p3.rlicipation is oart or Hie democracy envisioned in the Constitution -oeve lop
mont author ities in Bihar have cleverly kopt the ma ndate of the Constitution
awav 'from therr- -slected representatives have been kept at bay from develop
meni auihorities- this is bad legal architecture to retain power which rs man
dGie{) lo self govArning institutions- Constitution speaks of spatial planning, not
construc tion=- spaust planning refers to space allocation .tho planriing of ii and
resorving these ;:.J2.ces for conforming use of land- v iolation of these spaces is
an illogality which is incurable- phenomenon of compounding' has been com
pleicl y misunderstoo d-> Court proposing the se tting up of a committee, co rn
plefe!y independent and compos ed of. protossio nals whose job will be to plan
habitat. R. Usha vs. State of Bitter, 2002(2) PLJR, 301J .
,:-::. f'.'!'.t".J,:-,c;,y may give dii'ection to the oca' Awfr1oi'ilies .-( I) Notwith
;;ti.li1Cl:nr aoy frw,g contained in any other law for ths time being in force, the Au
ihoti1V •nay give such directions with regard to the impiementation ot any devel-
c.nme:,,.-,, hl"ni,""l r- t ""',... ,,, ~---· .. .,,1 ... : ..... 1. r:L • .. ·
(i) anti polfution schemes:
(i) afforestation. gardening or any other schemes for improvement of
the environmental conditions;
,;, 1 scheme , for industrial business and ot'i er commercial de , 1\/ILlf-is
(2 Sul . ect to the provisions oi this Acl the Authority mc;_y fror t'rrn; lo
time incur expenditure and undertake development works mentioned in sub-sec
tiun (1) in the development area.
(3) SubjGct to H1e provisions of this Act, ihe .'\uihnrity ~hall b,3 respcnsible
for the preparation of a phased programme of developrnent of agriculture, infra
structurcsano other works essential for lhe gent1ral socio-economic nnd physical
j evelopmen! of rura] and urban 'areas.
{L:) In particular and without prejudice lo the grn,:,;-aiity of the lor egoi11g
iunctions , the Authority shall also dlscharqe the iollowing functions, namely ·-
(a)~ ;;.':fup;qiy ~ ~ ~ 3lftl~ ~ ~ ~ 3mA m ·~ f.l'fu ~
~ ;:i.jh_- -~w.ic nm·«~ ~ 'fclosf{.f.;;, ~ I\Jl•·acl ,:;{-io,>,I ~ mttf ~ .a.a"h
·~f-1~<::;- ·;tj-\'"~ % ~ ~ f.i;,i\cf #, , ~cl 6~ ~ c:.~ ~,,;
(b) to sper;!fy the development projects for the implementation of which any
1und i"eferred to in clause (a) of this sub-section shnl l, subject to such conditions
and rostrlctions as the Author ity may rrnposo, · be applied by any Municip al or
other autnoritv or body corporate :
(o) to provide for the seiting up of planning information and storaqe retr ieval
,:-.ystems which May be upto-dated frequently
(d) to perfor m such other functi ons as may be prescribed by the State
Government.
(5) The Au..io rity muy, Qi'; such terms and conditions as may be agreed
upon, take over, the execution of any of the aforesaid schemes on behalf ot a
!ocal Authority, body corporate, co-operative society, an employer or a IJepart
ment er the Gov rnrnont.
"1 Bihm Rogionai Doveloprncnt Authority Act, 197a i 2]
(2) The Au1honly shall so exercise tho powers of s upervision referred 10
sub-section (1) of section 12 as may be necessary to ensure that sucn dev1
opment projec t is executed in-the interest of the overall devolopmen' of rl
area and in accordance wilh "!he approved plan.
14. ?owe r of t he Auth ority to imple ment schemes of other ai1f'f.10r;:lee
body corpo rate and a Department oi Govern ment in case of their fnih.1,::; I
imp lemen t s.::nem "J.- (1) 'whe re the Authority is satisfied that any directk
given by it under sub-section (1) of section 13 with rogard to any dsve lopme
project has no1 bee·i carried out by tho local nuthority, body corpora te and olhi
agencies referr ed lo therein or that an}' such loc. authority, body cor porate <
departmeni of Government is unable to fully implornc~1l any scheme undertake
by it for the development of anv part 01 ihe area, lhe Authority may itsell ur:de
take any works and incur any expenditure for 1ile execution ol such developrner
project or implementation of such scheme, as the case may be, anc recover th
cost thereof from the local authority, body corporate or any other agencies.
(2) The Authority may also undertake 2.ny works as may be directed by ih
State Governm ent and may incur such expenditure as may be necess ary tc
the execution of such work.
(3) Where anv work is undertaken by the Authoritv under sub-section ( ,),
shall be deeme d to have, for the purposes of the execution of such work. all th1
powers which may be exercised under any law for the. time being in :ort;e b:
the Authority referred to m sub-section ('1) of section 13.
(4) The Authonty may, for the purposes of performing tile functions men
tioned in section 12 and for carrying out the rnsponsihilities conferred by sub
sections (1) ano (2). undertake survey of any area within the development arec
or tho Region and for that purpose it shali bo lawful for any officer of ·i:.o Au·
thority
(a) to enter in or upon any land to make survey and to take leV9i of
such land;
(b) to dig or bore into the sub-soil;
(c) to m urk levels and boundar es by placing marks and cutting trenc. hes;
(d) where the survey cannot be completed, levels cannot be taken and
boundaries canno t be marked otherwise. to cut down and clear
away any part of any standing crop, fence or jungle :
(e) to oxarmne works under construction and to ascerta in ihe course
Of sev ers. drains or other Utilities :
Provided that before entering-upon any land the Authority shall give notice
ot its intention to io so in such ma nner as may he specified in the regu!alions
made under· this Act.
-1s. Matters .o be. prov .c'ed in the Scherr'.e.- Notwithstanding anything
contained in any other law for the time being in force .. the schemes mentioned
in sub-section (1) of section ·12 may provide ior all or any of the following mat
ters, name ly:
(a) the acquisition by purchase. exchange. lease or otherwise o1 any
property necessary for or affected by the execution 01 the scheme ;
(b) the laying or relaying of any streets or roads cornpris ed in the
Bihm Regional Development Au thority Act, 1974 Secs. 14-15 ]
(c; tli e distrioudon or redistribution of sites belorigrng to owners of the
"iroperty comprised in the scheme .•
(d)
1~1e closure or demolition of dwellings or portions ot dwelling 01 any
•pe Q'; construction including drains, supply mains. Arc l,Tlfit or
angerous for human habitation , and
(e) tho demolition of obstructive buildings or for portions of buildings or
streets or any iype of constructi on.
CM.O.PTIER 1V
NEGION.L~L PLAN. MASTER PU-\N ANO ZOI\JAL DEVELOPM EN-:- Pl Ai\.
i!f;. [>)lr<=l})ara~ioril oV if11® J=legional Plcnn.- The Authority shall a s soon a s
ue.y be, carry out Regional Socio-Economic and Geographical Surveys anc pre
p2r0 a Regional Plan which shall indicate ·:he manner in which tno land of the
reg:on sii::11! be used in broad categories, whether by carrying 'out thereo n devel
opmeni or otherwise, the staqes by which any such development is .o be car-
1·b: ! ou1, the natwqrk of communications and transport, the proposals for censer
v21ii:m znD: development of natural resources, development of intrastructure for
the hoalil, , sducatlcn, TU.-al housing, etc and such other matters as are lik ely to
havo irr,parta nt influence on ,he de velopment at the region, and any such plan
'1n p31r,icular, tTl6\Y provide ror all or any of the following matters, or for such of
the fol!owing matters as the State Government may direct, that is to say :-
(a) allocation of land for different uses, general dislribution and general
locations of land, and the extent to wh ich the land may be used tor
resid ential, industrial, commercia l or agricultural purposes O" for,
Governmen1 and other offices or as forest or for mineral exptoita
tion;
{b) reservation of areas for open spaces, gardens . recreation grounds,
zoological gardens, nature reserves, animal sanctua ries, dairies,
compost pits and health resorts ;
(c) transport and communications, such as roads, highways, railways,
waterways, canals and airports including their developrnont and ex
tension ;
(a') water supply, drainage, sewerage, sewage disposal and. other public
utilities, amen ities, and services including electricity and gas ;.
(e) intrastructure for health, education, rural housing, ale;
(f) reservation of site, for nGW towns, industrial estates/areas and any
othe r large-scale develop ment or project whic h is requ ired to be
undertaken for 1he proper development of the reg ion or new town;
(g) preservation, conser vation and developmen t of areas ct natu ral·
scenery, forest wild life, natural resources and landscap ing;
(h) preservation of objects, features, structure or places . of historical,
natural, architectural or scientific interest and educational value;
{i) areas required for 'military and de'fence purposes ;
(j) oressrvation of erosion, provision of-afforesta tion or detorestation, im
provemer11 and re-development for water front areas, rivers and lakes:
(1,) proposals for irrigation, water-supply and hydro-electric works, f!opd
cont rol an d prevention of pollution o f river and othe r sources ot
1nr::ill'>r ;::11nn h1·
[ Sec 16 Bihar Regional Development Authority Act, 1974
Secs. 17-18 J Bihar Regional Development Authority Aci,·1974
(I) shillin g of population, or industry tram over populated anci indt
congest ed areas, and indicating the density of popula tion or
co icentration of industry and other economic ac1ivily 'lo be alto
in 2 riy area;
(m) recommenExcerpt shown. Open the full act in Lexace.
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