Bare Act

The Bihar Urban Planning and Development Act, 2012

Infrastructure2012113 sections14 chapters

Chapter I PRELIMINARY →

  1. 1Short title, extent and commencement
  2. 2Definitions

Chapter II BIHAR URBAN PLANNING AND DEVELOPMENT BOARD →

  1. 3Bihar Urban Planning and Development Board
  2. 4Functions and powers of the Board
  3. 5Appointment of committee by the Board
  4. 6Term of office and conditions of service of members of the Board
  5. 7Meetings of the Board
  6. 8Secretariat of the Board

Chapter III DECLARATION OF PLANNING AREAS AND CONSTITUTION OF PLANNING AUTHORITIES →

  1. 9Declaration of planning areas
  2. 10Power to exclude planning area from operation of this Act
  3. 11Constitution of Planning Authority
  4. 12Term of office
  5. 13Meetings of Planning Authority
  6. 14Staff of Planning Authority
  7. 15Power to designate local authority as Planning Authority
  8. 16Functions and powers of Planning Authorities
  9. 17Expenses of Planning Authority

Chapter IV PREPARATION OF LAND USE MAP AND LAND USE REGISTER →

  1. 18Preparation of Land Use Map and Land Use Register
  2. 19Publication of Land Use Map and Land Use Register
  3. 20Power of Government to prepare Land Use Map and Land Use Register

Chapter V PREPARATION, CONTENTS AND APPROVAL OF DEVELOPMENT PLAN →

  1. 21Preparation of Development Plan
  2. 22Contents of Development Plan
  3. 23Development Plan prepared prior to the application of this Act to be deemed Development Plan
  4. 24Power of Government to prepare Development Plan
  5. 25Modification of Development Plan by the Board
  6. 26Public Notice of the Development Plan
  7. 27Approval by the Government
  8. 28Publication of the Development Plan
  9. 29Development Plan for Additional Area

Chapter VI CONTROL OF DEVELOPMENT AND USE OF LAND →

  1. 30Use and Development of Land to be in conformity with Development Plan
  2. 31Prohibition of Development without payment of development charges and without permission
  3. 32Permission for Development in Peripheral area
  4. 33Provided that such permission will be given, only if proposed development can be integrated with the land use nature of the Planning Area in the manner prescribed by the Rules.
  5. 34Appeal against grant of development permission subject to conditions or refusal of development permission
  6. 35Lapse of Permission
  7. 36Provided further that the lapse of permission as aforesaid shall not bar any subsequent application for fresh permission under this Act.
  8. 37Power of Revocation and Modification of Permission for Development
  9. 38Deviation During Development or Undertaking of Layout Works and Unauthorized Development or Construction
  10. 39Connection of public utilities to Only Permitted Buildings
  11. 40Provided that in the case of connection(s) to be given to unauthorized buildings, Government may prescribe the conditions under which the same could be done.
  12. 41Penalty for Unauthorized Development or for Use in Non-Conformity with the Development Plan
  13. 42Power to Require Removal of Unauthorized Development
  14. 43Power to Stop Unauthorized Development and Requisition of Police
  15. 44Power to Require Discontinuation of Use of Land and Removal or Alteration of Building
  16. 45Interim Provision Pending Preparation of Development Plan

Chapter VII AREA DEVELOPMENT SCHEME →

  1. 46Preparation of Area Development Scheme
  2. 47Application for Area Development Scheme
  3. 48Scope and contents of the Area Development Scheme
  4. 49Land Owner to be a Permanent Stakeholder in the Area Development Scheme
  5. 50Approval of the Area Development Scheme
  6. 51Power of the Government to require the Planning Authority to make Area Development Scheme
  7. 52Power of Government to suspend rules, bye-laws or regulations
  8. 53Appeal against matters determined by the authority
  9. 54Exclusion or Limitation of Compensation in Certain Cases
  10. 55Decision of Planning Authority to be final in certain matters
  11. 56Power to Vary Scheme on ground of error, irregularity or informality
  12. 57Power to vary Area Development Scheme
  13. 58Execution of Works in the Area Development Scheme by Developer

Chapter VIII LEVY, ASSESSMENT AND RECOVERY OF DEVELOPMENT CHARGE →

  1. 59Development Charge
  2. 60Levy of Development Charge
  3. 61Assessment of Development Charge
  4. 62Levy of Infrastructure and Amenities Charges
  5. 63Appeal

Chapter IX ACQUISITION AND DISPOSAL OF LAND →

  1. 64Power to Acquire land under the Land Acquisition Act
  2. 65Transfer of Government Land to the Respective Planning Authority
  3. 66Purchase of Land by way of Negotiated Settlement
  4. 67Acquisition of Land by Way of Transferable Development Right
  5. 68Acquisition of Land and Built Up Space by way of Accommodation Reservation
  6. 69Disposal of Land and Other Property by the Respective Planning Authority
  7. 70Creation and Management of Development Land Bank

Chapter X FINANCE, ACCOUNTS AND AUDIT →

  1. 71Constitution of Fund
  2. 72Fund of the Planning Authority
  3. 73Budget of the Planning Authority
  4. 74Accounts and Records
  5. 75Annual Report
  6. 76Pension and Provident Fund

Chapter XI URBAN ARTS AND HERITAGE COMMISSION →

  1. 77Constitution of Urban Arts and Heritage Commission for the State
  2. 78Order of Government to be binding

Chapter XII TRIBUNAL →

  1. 79Constitution of Tribunal
  2. 80Remuneration of Chairman and Members and payment of incidental expenses of Tribunal of Appeal

Chapter XIII POWERS OF GOVERNMENT →

  1. 81Power to Make Rules
  2. 82Power to Make Regulations
  3. 83Power to Make Policies
  4. 84Laying of Rules Regulations and Policy before State Legislature
  5. 85However, any such modification or annulment shall be without prejudice to the validity of anything previously done under the said Rules.
  6. 86Control by the Government
  7. 87Replacement of Members of the Board or the Planning Authority in Certain Cases
  8. 88Powers of Government to Appoint a Special Officer
  9. 89Return and Information

Chapter XIV SUPPLEMENTAL AND MISCELLANEOUS PROVISIONS →

  1. 90Power of Entry
  2. 91Service of Notices
  3. 92Public Notice being made known
  4. 93Notice with reasonable time
  5. 94Authentication of orders and documents of the Board and the Planning Authority
  6. 95Mode of proof of records of the Board and the Planning Authority
  7. 96Restriction on the summoning of officers and servants of the Board and the Planning Authority
  8. 97Offences by Companies
  9. 98Penalty for obstructing contractor or removing mark
  10. 99Sanction of prosecution
  11. 100Compounding of Offences
  12. 101Right to appear by recognized agent
  13. 102Power to compel attendance of witnesses
  14. 103Jurisdiction of Courts
  15. 104Fine when realized to be paid to Planning Authority
  16. 105Members and officers to be public servants
  17. 106Protection of action taken in good faith
  18. 107Finality of orders
  19. 108Validation of acts and proceedings
  20. 109Power to Delegate
  21. 110Power of Planning Authority to borrow money
  22. 111Control by the Board
  23. 112Removal of Difficulties
  24. 113Provided that no such order shall be made after the expiry of a period of five (5) years from the date of commencement of this Act.

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