section 93
Repeal and savings
The Bihar Regional Development Authority Act, 1974General1974115 sections
Statutory text
- (1) As from the date of the constitution of the Authority- (a) the Bihar Town Planning and Improvement Trust Act, 1951, the Bihar Restriction of Uses of Land Act, 1948 (Bihar Act 23 of 1948) shall cease to have effect within the area notified under sub-section (2) of Section 1, save as provided under Section 30; (b) the Improvement Trust as constituted under the Bihar Town Planning and Improvement Trust Act, 1951 shall cease to exist with effect from the date this Act comes into force; (c) the Bihar Regional Development Authority Second Ordinance, 1981 (Bihar Ordinance no. 91 of 1981) is hereby repealed. (d) notwithstanding such repeal, anything done or any action taken in the exercise of any powers conferred by or under the said Ordinance shall be deemed to have been done or taken in the exercise of powers conferred by or under this Act, as if this Act was in force on the day on which such thing or action was done or taken. (2) Notwithstanding the provisions of sub-section (1)- (a) every officer or other employee serving under the Improvement Trust or Town Planning Authority and the Controlling Authority under the Bihar Restriction of Uses of Land Act, 1948 (Bihar Act 23 of 1948) immediately before the date of the constitution of the Authority shall, on and from such date, be deemed to have been transferred to and become an officer or other employee of the Authority with such designation as the Authority may determine and may hold office by the same tenure, at the same remuneration and on the same terms and conditions of service as he would have held the Authority had not been constituted, and shall continue to do so unless and until such tenure, remuneration and terms and conditions are duly altered by the Authority: Provided that any service rendered by any such officer or other employee before the constitution of the Authority shall be deemed to be service rendered under it; (b) anything done or any action taken (including any appointment, delegation, notification, order, scheme, permission, rule, bye-laws, regulation or form made, granted or issued) under the Bihar Town Planning and Improvement Trust Act, 1951 and the Bihar Restriction of Uses of Land Act, 1948 (Bihar Act 23 of 1948) shall so far as it is not inconsistent with the provisions of this Ordinance, continue in force and be deemed to have been done or taken under the provisions of this Ordinance unless and until superseded by any action taken under the provisions of this Ordinance; (c) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by with or for the Improvement Trust or Town Planning Authority and the Controlling Authority shall be deemed to have been incurred entered into or engaged to be done by, with or for the Authority; (d) all properties movable and immovable and all rights, title and interest in any property vested in the Improvement Trust or Town Planning Authority shall vest in the Authority, and all properties in possession of the Improvement Trust or Town Planning Authority shall be deemed to be in possession of the Authority; (e) all rents, fees and other sums of money due to the Improvement Trust or Town Planning Authority shall be deemed to be due to the Authority; (f) all suits, prosecutions, and other legal proceedings instituted or which might have been instituted by, for or against the Improvement Trust or Town Planning Authority or the Controlling Authority may be continued or instituted by, for or against the Authority; (g) all sums charged on any property under, the Bihar Town Planning and Improvement Trust Act, 1951, or the rules framed thereunder shall continue to be charged on that property and the charge shall be enforceable by the Authority; (h) from the date the Authority comes into existence it will have the same right as the Improvement Trust or Town Planning Authority had in all lands within the area notified under Section 1 which were previously held by the Improvement Trust or Town Planning Authority on lease from the State Government for a certain period or the possession of which had been delivered to Trust or Town Planning Authority; (i) all lands within the area notified under Section 1 held by any person as lessee from the Improvement Trust or Town Planning Authority under a registered deed or lease for residential purpose (and not for commercial purpose or commercial-cum-residential purpose) shall be deemed to be vested in him as perpetual leases from generation to generation on payment of fee to the Authority at the rate of one rupee per square meter.
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