Chapter XI PENAL TIES AND PROCEDURES

(1) No person shall in the area in which the Board undertakes a housing scheme or execution of any of the schemes under section 28, erect, re-erect, construct, add to or alter any building or wall or commence to do so either on land or building owned by him or allotted to him by the Board without prior sanction of the Managing Director by submitting a plan showing the propose construction and provided that proposed construction is in conformity with rules, regulations and bye-laws framed under the provision of this Act. (2) The Managing Director may raise objections if any under the provisions of rules, regulations or bye-laws constituted under the Act on any plan showing the proposed construction received for his approval under the provisions of sub-section(1) within 3 months from the date of receipt of such plan and approve after the objections are met: Provided that the minimum time limit for approval of plan shall not exceed period of six months from the date of its receipt. should the Managing Director neglect or omit for six months after the objections under sub-section (2) , if any , are met to approve such plan, the Managing Director shall be deemed to have sanctioned the proposed plan absolutely. (3) Any person, who either himself or for any other person, or institution, erects, re-erects, adds to or alters any wall or building without obtaining the sanction under sub-section (1) or in contravention to the terms , and conditions attached to the sanction or in violations to the rules and regulations or bye-laws made in this connection, or if the construction project into the street alignment or beyond the building line prescribed under any of the schemes mentioned in this Act, or prescribed for different regions areas in the regulations bye-laws shall be punishable with a fine of Rs. 2000 and it the said unauthorised erection, re-erection, addition and alteration projection into the street alignment or beyond the building line made without or construction without sanction or contrary to the prescribed rules, regulations and by laws continue shall be punishable by an additional fine of rupees two hundred for each day till it continues. (4) Where such building or construction work is not discontinued even after enforcement of sub-section(3) of this section, the Managing Director may require any police officer to remove the person by whom the construction is being done, and all his assistants and workmen from place of building or construction work, and such police officer shall comply with the requisition, within the time specified in the requisition. (5) If any building or construction work is done without obtaining sanction under sub-section(1) of this section or in contravention of the terms and conditions of the sanction it contra vents the provisions of this Act or rules, regulations and bye-laws framed under the provision the Act the Managing Director may in addition to the prosecution that may be instituted under this Act, make an order, directing that such building or construction work shall be removed by demolition, filling or otherwise by the owner thereof or by person or persons at whose instance the building or construction work was commenced or is being carried out or has been completed within a prescribed period which shall not be less than thirty days from the date of notice and in the event of failure of compliance in the order within the specified period the Board may, through its officers, remove or cause to be cause to be removed shall be recovered from the person by whom or at whose instance the unauthorised building or construction work and the expenses of such removal shall be recovered from the person by whom or at whom instance the unauthorised building or construction work was commenced or was being carried out or was completed as arrears of land revenue: Provided that no such order shall be made unless the owner or the person concerned has been given reasonable opportunity to show cause why the orders should not be made. (6) Any person aggrieved by the order passed under section 78 (5) may within 30 days from the date notice of such order prefer an appeal to the tribunal constituted under section 52 and the tribunal may, after hearing the parties to the appeal , dispose of the appeal and the decision of the tribunal shall be final and conclusive. (7) If any person obstructs or molests any officer or employee of the Board or any other person authorised under the Act in the performance or execution by such person of his duty or of anything which he is empowered or required to do by virtue of or in consequence of this Act, or any rule or regulation made there under, he shall on being proved guilty, be punished with imprisonments which may extend up to six month, or with fine, which may extend up to rupees two thousand or with both.

If any person fails to comply with any requisition made by the auditor under section 76, he shall be publishable- (a) with fine which may extend to one hundred rupees, and (b) in case of a continuing failure , with fine which may extend to fifty rupees for each day after the first day , during which the failure continues.

If any person- (a) Obstructs or molests any person with whom managing Director has entered into a contract on behalf of the Board, in the performance or execution by such person of his duty or of anything which he is empowered or required to do by virtue of or in consequence of this Act or any rule or regulation made there under, or (b) removes , any mark set up for the purpose of indicating any level or direction necessary to the execution or works authorised by this Act or any rule or regulation made or scheme sanctioned there under, he shall on correction be punished with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.

whoever contravenes any of the provisions of this Act or any rule , regulation or by-laws made or scheme sanctioned there under shall if no other penalty is provided for such contravention, be punishable- (a) with fine which may extend to two hundred rupees, and (b) in case of a continuing contravention, with fine which may extend to one hundred rupees for each day after the first day during which the contravention continue.

(1) when any person is convicted of any offences under this Act or any rule or regulation made there under the magistrate convicting such person may, on application, made in this behalf , by the Board or by its officer or employee authorised by it in this behalf call upon person forthwith to show cause as to why he should not pay compensation to the Board for the damage caused by his act or omission in respect of which he is convicted. (2) The magistrate shall record and consider any cause which such person may show and if the magistrate, after making such inquiry as he may think fit is satisfied that such person is liable to pay compensation, may direct that compensation to such amount not exceeding three thousand rupees as he may determine , be paid by such person to the Board. (3)The amount of compensation directed to be paid under sub-section (2), shall, if it be not paid forthwith be recovered as if it were as fine imposed by the magistrate on such person.

whoever contravenes a bye-law made under section 116 shall , on conviction, be punished with imprisonment for a term , which may extend to six months or with fine which may extend to one thousand rupees or with both.

Any person who obstructs the lawful exercise of any power conferred by or under Chapter IX shall, on conviction, be punished with imprisonment of six months or a fine extending to rupees two thousand or with both.

If any member, or any officer or employees of the Board acquires, directly or indirectly, by himself or by any partner, employer, olr employee, otherwise than as such member, officer or employee any share or interest in any contract on employment by or on behalf of, the Board not being a share or interest which under section 5 is permissible for a member to have without being, thereby disqualified for being appointed as a member be deemed to have committed the offence made punishable by rule 168 of the Indian Penal Code ( Act 45 of 1860).

(1) If the person committing an offence punishable under this Act is company, every person, who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of business of the company, as well as the company shall be deemed to be guilty of the offence and shall be liable to proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1) where any such offence has been committed by a company and it is proved that the offence has been committed with the consent connivance of is attributable to any negligence on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary and other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.- For the purposes of the section- (a) "Company" means a body corporate and includes a firm or other association of individual, and (b) "Director" in relation to a firm, means a partner in the firm.

(1) No court shall take cognizance of any offence punishable under this Act or any rule or regulation made thereunder unless complaint of such offence is made within twelve months next after the commission thereof: Provided that the court may take cognizance even after expiry of twelve months if it is satisfied that the complainant was, due to sufficient reasons, prevented from filing the complaint in time. (2) No court inferior to that of a judicial magistrate of the First Class shall try any offence punishable under this Act.

It shall be the duty of every police officer- the provisions of this Act or any rule made there under. (a) to co-operate with Managing director for carrying into effect and enforcing the provisions of this Act or any rule made there under. (b) to communicate without delay to the proper officer or servant of the Board any information which he receives of a design to commit or of the commission of any offence against the Act or any rule made thereunder, and (c) to assist the Managing Director or any officer or servant of the Board reasonably demanding of his aid for the lawful exercise of any power vesting in the Managing Director or in such officer or servant under this Act or any rule made thereunder.

(1) Every police officer shall arrest any person who commits in this view any offence against this Act or any rule made thereunder if the name and address of such person be ujnknown to him or if such person on demand declines to give his name and address or gives a name or address which such officer has reason to believe to be false. (2) The person so arrested shall without unavoidable delay, be produced before the Magistrate authorised to try the offence for which the arrest has been made , then no person so arrested shall be detained in custody for a period exceeding twenty-four hours without an order from the aforementioned Magistrate.

The Managing Director may, subject ot the control of the Board- (a) institute, defend or withdraw from legal proceeding under this Act or any rules or regulations made thereunder; (b) Compound any offence against this Act or any rules or regulations made thereunder which under any law for the time being in force or the rule prescribed by the Government, may lawfully be compounded; (c) admit, compromise or withdraw any claim made under this Act or any rules or regulations made thereunder; (d) Obtain such legal advice and assistance as he may, from time to time think it necessary or expedient to obtain or as may be desired by the Board to obtain for Any of the purposes referred to in the foregoing clauses of this section, or for securing the lawful exercise or discharge of any power or duty vested in or imposed upon the Board or any officer of servant of the Board.

No suit, prosecution or other legal proceeding shall lie against the Government, the Board or any committee thereof or any officer or servant of the government or the Board for anything, which is in good faith done or intended to be done in pursuance of Act or any rule or regulation made there under.

No suit shall be instituted against the Board, or any member, or any officer or employee of the Board or any person acting under the direction of the Board or of the Managing Director or of any officer or employee of the Board in respect of any act done or intended to be done under this Act or any rule or regulation made there under until the expiration of sixty days next after written notice has been delivered left at the Board’s office or the place of abode of such officer, servant or person stating the cause of action, the name and place of abode of the intending plaintiff, and the relief which he claims, and the plaint must contain a statement that such notice has been so delivered or left.

Whenever, under this Act or any rule or regulation made there under, the doing or the omission to do anything or the validity of anything depends upon the approval, sanction, consent, concurrence, declaration, opinion, or satisfaction of- (a) The Board or the Managing Director, or (b) any officer or servant of the Board, a written document signed in case ( a ) by the Managing Director, and in case (b) by the said officer or servant, conveying or setting forth such approval, sanction, consent, concurrence, declaration, opinion or satisfaction shall be sufficient evidence of such approval, sanction, consent, concurrence, declaration, opinion, or satisfaction.

(1) A copy of an entry in any register, or of any receipt, application, plan notice, order, or other document in the possession of the Board shall, if duly certified by an officer authorised in this behalf received as prima facie evidence of the entry or document and be admitted as evidence of the matter of transaction therein recorded in every case where, and to the same extent as the original entry of document would, if produced, have been admissible to prove such matters.

The chide executive officer of a local authority shall, at the request of the Managing director, furnish him with a copy of or an extract form any assessment list of the local authority.

(1) The Managing Director may by a written notice require the owner for the time being of the wall or building referred to in section 78 to stop further work on such wall or building and to alter or demolish the same in such manner and within such time as may be specified in the notice. (2) Where the alteration or demolition directed by any such notice is not carried out as directed therein, the Managing Directed may cause the wall or building or portion thereof to be altered or demolished, as the case may be, and he may recover the expenses incurred in so doing from the owner for the time being in such manner as may be prescribed.

in any case not otherwise expressly provided for in this Act the Board may pay reasonable compensation to any person who sustains damages by reasons of the exercise of any of the powers vested by or under this Act in the Board or the Managing Director or any officer or servant of the Board.

Even public given under this Act or any rule or regulation made hereunder shall be in writing over the signature of the Managing director and shall be widely made known in the locality to be affected thereby affixing copies thereof in conspicuous public places within the said locality to be affected thereby affixing opines thereof in conspicuous public places within the said locality, or by publishing the same by beat of drum or any advertisement in leading daily newspapers or by any two or more of these means and also by affixture in the notice board of the Board’s office or sub-office and by any other means that the Managing Director may think fit.

Whenever it is provided by this Act or any rule or regulation made there under that notice shall be given by advertisement in leading daily newspaper, or that a notification of an information shall be published in leading daily newspapers such notice, notification or information shall be inserted if practicable in at least two English daily newspapers and one dial newspaper published in Hindi.

Every notice or bill which is required by this Act or by any rule or regulation made there under to bear the signature of the Managing Director or any other member or of any officer or servant of the Board shall be deemed to be properly signed if it bears facsimile of the signature of the managing director or such other member or of such officer of servant, as the case may be, stamped there under.

When any notice, bill or other documents is required by the Act or any rule or regulation made there under to be served upon or issued or presented to any person, such service, issue or presentation shall be effected- (a) By giving or tendering such document to such person, or (b) if such person is not found, by leaving such document at his last known place of abode or by giving or tendering the same to some adult member or servant of his family, or (c) if his address elsewhere is known, by forwarding such document to him by registered post under cover veering the said address; or (d) if none of the means aforesaid be available, by causing a copy of such document to be affixed on some conspicuous part of the building or land, if any, to which the document relates; or (e) such person may be informed through advertisement in one important Hindi or English dailies of Bihar.

The Board may- (a) cause the survey of any land to be made, whenever it considers that a survey is necessary or expedient for carrying out any of the purposes of this Act, or (b) Contribute towards the cost of any survey made by any other local authority,

(1) the Managing Director or any person either generally or specially authorised by the Managing Director in this behalf may with or without or assistants or workmen, enter into or upon any land, in order-(a) To make any inspection, survey, measurement valuation or enquiry (b) To take levels. (c) To dig or, bore into the sub-soil. (d) To set out boundaries and intended lines or work. (e) to mark such levels, boundaries and lines by placing marks and cutting trenches, or (f) To do any other thing, whenever it is necessary to do so for any of the purposes of this Act or any rule or regulation made or scheme sanctioned there under or any scheme which the Board intends to frame thereunder: Provided as follows:-(a) No such entry shall be made between sunset and sunrise, (b) No dwelling house, and no public building or hut which is used as a dwelling place, shall be so entered, except with the consent of the occupier thereof, without giving the said occupier at least twenty-four hours previous written notice of the intention to make such entry, (c) Sufficient notice shall in every instance, be given even when any premises may otherwise be entered without notice to enable the inmates of any apartment appropriated to women to remove themselves to some part of the premises where their privacy will not be disturbed, (d) Due regard shall always be had so far as may be compatible with the exigencies of the purpose for which the entry is made to the social and religious usages of the occupants of the premises entered, (2) Whenever the Managing director or a person authorised under subsection (1) enters into or upon any land in pursuance of that sub-section he shall, at the time of such entry, pay pr tender payment of all necessary damage to be done as aforesaid, and, in case of dispute as to the sufficiency or the amount so paid or tendered, he shall at once refer the dispute to the Board, whose decision shall be final.