section 81
Power to Make Rules
The Bihar Urban Planning and Development Act, 2012Infrastructure2012113 sections14 chapters
Chapter XIII POWERS OF GOVERNMENT
Statutory text
Power to Make Rules.-
- (1) The Government may, by notification in the Official Gazette, make Rules to carry out the purposes of this Act.
- (2) In particular and without prejudice to the generality of the foregoing power, such Rules may provide for all or any of the following matters, namely -
- (a) the functions and powers of the Board and Planning Authority;
- (b) the term of office and conditions of service of the members of the Board and the Planning Authorities;
- (c) the qualification and disqualification for being chosen as, and for being members of the Board or Planning Authorities;
- (d) the time and place of holding and the procedure to be followed in the meetings of the Board;
- (e) the functions, powers and duties of the Town and Country Planning Organization (TCPO);
- (f) the manner of nomination of such members including representatives of Local Authorities under sub- section (3) of Section-11
- (g) the manner in which and the purpose for which any Planning Authority may associate with itself any person under the provisions of this Act;
- (h) the control and restriction in relation to the appointment of officers and other employees of the Board
- (i) to direct modifications in any Development Plan and development scheme and the time within which the Board and the Government is to accord approval to such Development Plan and development scheme.
- (j) framing of rules for constitution, functions and powers of Metropolitan Planning Committee.
- (k) the form and content of Development Plan and area development scheme and the procedure to be followed in connection with the preparation. Submission and approval of such plans, schemes and the form and the manner of publication of the notice relating to such plan and scheme;
- (l) the periodical amendment of Development Plans, the period on the expiration of which such an amendment may be taken up, procedure to be followed in making such amendment;
- (m) the form in which any application for permission for development shall be made, the particulars to be furnished in such application and documents and plans which shall accompany such application.
- (n) the form of registration of application and the particulars to be contained in such register;
- (o) the manner of filing, and the fees to be paid for and the procedure to be followed in appeals;
- (p) the manner in which an acquisition notice is to be served, and claim for compensation is to be made, the time within which such claim is to be made and the procedure to be followed for assessment of compensation;
- (q) quantum and procedure for the levy of development charges and infrastructure and amenities charges and exemption from them on any development or institution or change of any use of any land;
- (r) the manner in which application for the assessment of development charge is to be made; the sum of money that may be kept in Current Account;
- (t) the form of the budget of Planning Authorities, the date on or before which it shall be prepared, the manner of preparing it, the number of copies that have to be sent to the Board and the Government;
- (u) the form of the annual statement of accounts and balance sheet and the form of the annual report of the Planning Authorities and date on or before which it shall be submitted to the Board and to the Government;
- (v) the form of the annual report of the Board and the date on or before which it shall be submitted to the Government;
- (w) planning standards, prescribing the building regulation, Building Bye Laws, setbacks, specifications, coverage, height restrictions, etc.;
- (x) the manner and the constitution of provident funds for the whole time paid members and officers and other employees of Planning Authorities and the conditions subject to which such funds may be constituted;
- (y) the documents of which copies may be granted, the fees for such copies; and
- (z) any other matter which has to be or may be prescribed by Rules.
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