The Bihar Town Development Act, 2026
Chapter VI MISCELLANEOUS AND SPECIAL PROVISIONS
General202615 sections6 chapters
Chapter VI MISCELLANEOUS AND SPECIAL PROVISIONS
12. Appeal
Statutory text
Appeal.—
- (1) Any person aggrieved by an order or decision of the Authority made under this Act, may prefer an appeal to the Appellate Authority, notified by the State Government, within sixty days of the date of communication of such order.
- (2) The Appellate Authority may, for sufficient cause shown, condone a delay in preferring an appeal under sub-section (1).
- (3) On receipt of an appeal, the Appellate Authority shall, after giving the appellant and the Authority a reasonable opportunity of being heard, pass such order as it thinks fit, confirming, modifying, or setting aside the order appealed against.
Chapter VI MISCELLANEOUS AND SPECIAL PROVISIONS
13. Power to Make Rules and Regulations
Statutory text
Power to Make Rules and Regulations.—
- (1) The State Government may, by notification in the Official Gazette, make rules and Development Control Regulations consistent with this Act for carrying out the purposes and provisions contained herein.
- (2) The Authority may, with the prior approval of the State Government, make regulations consistent with this Act and the rules made thereunder to carry out the purposes of this Act.
Chapter VI MISCELLANEOUS AND SPECIAL PROVISIONS
14. Overriding effect and savings
Statutory text
Overriding effect and savings.—
- (1) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Bihar Urban Planning and Development Act, 2012, the Bihar Municipal Act, 2007, or any other State law for the time being in force, and any Development Plan notified under the provisions of this Act shall supersede any other Development Plan sanctioned prior to it under any such State law.
- (2) All actions taken and approvals granted in respect of the Special Area prior to the notification under section 6
- (1) shall be saved as follows: —
- (a) all development permissions, building permits, layout approvals, and change of land use orders validly granted shall continue in force for the period for which they were granted, and works lawfully commenced thereunder may be completed in accordance with their terms;
- (b) all pending applications, appeals, and other proceedings relating to the Special Area shall stand transferred to and be decided by the Authority or the Appellate Authority constituted under section 12, as the case may be, in accordance with the law under which they were initiated; provided that pending applications for development permissions shall, until a Development Plan under section 8 comes into force, be decided in accordance with the regulations in force immediately prior to such notification.
- (c) all contracts entered into by any prior authority in connection with the Special Area and subsisting as on the date of such notification shall continue to bind the parties, and the Authority shall be subrogated to the rights and obligations of such authority to the extent they relate to the functions assumed by it under this Act.
- (3) Any question arising as to whether any provision of any other law is inconsistent with this Act, or any difficulty arising in giving effect to the provisions of this section, shall be referred to and resolved by the State Government, whose decision thereon shall be final and binding.
Chapter VI MISCELLANEOUS AND SPECIAL PROVISIONS
15. Directions by Government
Statutory text
Directions by Government .—
- (1) The Authority shall carry out such directions and guidelines as may be issued to it from time to time by the Government for the efficient discharge of its responsibilities and functions under this Act.
- (2) If in connection with, the exercise of its powers, responsibilities and discharge of its functions by the Authority, any dispute arises between the Authority and Planning Authority or any committee or Local Authority, the matter shall be resolved by the Government and the decision of the Government shall be final and binding.
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