Chapter II ESTABLISHMENT OF THE AUTHORITY

Constitution of the Bihar City Development Authority

1. (BCDA) .—

1. (1) The State Government shall, by notification in the Official Gazette, establish a body by the name of the Bihar City Development Authority, having perpetual succession and a common seal, with power to acquire, hold, and dispose of property and to enter into contracts, and may by that name sue and be sued.
2. (2) The Authority shall consist of the following members:
   • (a) Chairman.—Chief Secretary, Government of Bihar.
   • (b) Vice-Chairman.—Additional Chief Secretary or Principal Secretary or Secretary, Urban Development and Housing Department.
   • (c) Ex-Officio Members.—Additional Chief Secretary or Principal Secretary or Secretary of the Finance Department, Revenue & Land Reforms Department, Industry Department, Tourism Department, Environment, Forest & Climate Change Department, Water Resources Department, Road Construction Department, Energy Department, Rural Works Department and Public Health Engineering Department.
   • (d) Chief Executive Officer.—An officer appointed by the State Government not below than the rank of Special Secretary to the Government of Bihar
3. (3) The Authority shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings, including the quorum thereof, as may be prescribed by rules; provided that until such rules are made, the Authority may regulate its own procedure.
4. (4) No act or proceeding of the Authority shall be invalidated merely by reason of:
   • (a) any vacancy in, or any defect in the constitution of, the Authority; or
   • (b) any defect or irregularity in the appointment of a person acting as a member thereof; or
   • (c) any irregularity in the procedure of the Authority not affecting the merits of the matter.

Powers and Functions of the Authority.—The Authority shall have the power to:

1. (a) identify Special Areas and Core Areas.
2. (b) acquire, hold, and dispose of property, both movable and immovable.
3. (c) prepare and implement Development Plans for Special Areas or part thereof.
4. (d) formulate and implement Public-Private Partnership
5. (PPP) frameworks or establish Special Purpose Vehicles
6. (SPVs) for the purpose of executing, developing, or managing projects within a Special Area.
7. (e) raise money in the form of grants, subventions, allocations, loans, bonds, debentures or any other financial instrument as approved by the government.
8. (f) levy and collect fees, charges, cesses, premiums or penalties.
9. (g) prepare and implement Form Based Codes, Street Design guidelines or any other regulation or guidelines for planned development of Special Areas.
10. (h) plan, develop, operate and maintain urban infrastructure including roads, water supply, sewerage, drainage, solid waste management, power distribution, digital infrastructure, public transport, social infrastructure and other public and semi-public buildings.
    • (i) The Authority may, with the approval of the Government, delegate any of its functions to the Local Authority, Planning Authority within its jurisdiction.
11. (j) Subject to the provisions of this Act, the Authority shall carry out such functions and exercise such powers as are prescribed under the Act or the Rules.
12. (k) perform such other functions as may be assigned by the Government.

Offices and Staff of the Authority.—

1. (1) The Authority shall have its offices at such place as the State Government may specify in this behalf.
2. (2) Subject to the prior approval of the State Government, the Authority may engage necessary officers and employees through direct appointment, deputation, or on a contractual basis, whose designations, grades, salaries, or contract remuneration, and conditions of service shall be such as may be determined by the State Government or the Authority, as the case may be.
3. (3) The Authority may engage or consult any expert or consultant whose assistance or advice it may desire for performing any of its functions under this Act, and pay them such remuneration or fees as the Authority may decide.
4. (4) The Authority may constitute any committee it considers necessary for performing any function assigned to it under this Act or prescribed by rules made thereunder.