section 36
Erection of buildings, etc.
The Bihar Regional Development Authority Act, 1974General1974115 sections
Statutory text
- (1) Every person, including local authority or body corporate constituted under any law and a department of Central or State Government who intends— (a) to carry out a development plan or any other development work, (b) to make any addition or alteration thereto, shall apply for sanction by giving notice in writing of his intention to the Vice-Chairman in such form and containing such information as may be prescribed by regulations made in this behalf. Provided that no such sanction need be sought if the alteration is to be done internally in a building without affecting the position of bath-room, kitchen and drainage arrangements and further that the proposed internal alterations does not violate the provisions of the building regulations or planning standards in force. (2) Every such notice shall be accompanied by such documents and plans as may be prescribed. (3) Every application under sub-section (1) shall be accompanied by such fee as may be prescribed by regulation made in this behalf: Provided further that the operational constructions of the Railways, all Central Government Departments, and Departments of State Government may be exempted from the provisions as aforesaid. In respect of other works of Railways, Central Government Departments and departments of the State Government such as construction of new lines, new buildings, new structures and new installations and reconstruction of existing lines, buildings, structures and installations for both operational purposes and for extension of services permission of the Authority may be granted or rejected by three weeks from the date of receipt of notice or proper application to the Authority for the purpose. In case no orders of the Authority are passed or communicated to within the aforesaid time-limit of three weeks at the latest, Railways, Central Government Departments and State Government Departments will be free to go ahead with the constructions. In case the Authority has rejected any proposal in respect of Railways, Central Government or any State Government Department contained in the notice or application as aforesaid an appeal shall lie to the State Government if preferred within a period of thirty days. While disposing of such appeal the State Government shall consult the Central Government or the Department of the State Government as the case may be. (4) Where permission is refused under sub-section (2) of Section 37 [Note: The text refers to S. 37, contextually likely 36] the applicant or any person claiming through him shall not be entitled to get refund of the fees paid on the application for permission but the Authority may on an application for refund being made within three months of communications of the grounds of the refusal, direct refund of such portion of the fees as it may deem proper in the circumstances of the case. (5) The Authority shall keep in such form as may be prescribed by regulations, a register of applications for permission under this section. (6) The said register shall contain such particulars including information as to the manner in which applications for permission have been dealt with as may be prescribed by regulations and shall be available for inspection to the public at all reasonable hours on payment of such fee, not exceeding rupees five as may be prescribed by regulations.
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