Chapter XI OFFENCES, RECOVERY OF DUES, FUNDS, AND AUDIT

32. (1) A NIRMAN Kshetra Authority or any officer authorized by it in this behalf shall have the power to remove any obstruction or encroachment and the expenses of such removal shall be recovered from the person who has caused the said obstruction or encroachment.

1. (2) Whoever makes any encroachment on any land or building owned by or vested in a NIRMAN Kshetra Authority or on any land or building not being a private property, whether such land or building belongs to or vests in the NIRMAN Kshetra Authority,shall, on conviction, be penalized with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees.

33. (1) A NIRMAN Kshetra Authoritymay,-

1. (a) institute, defend or withdraw from any legal proceeding; or
2. (b) admit, compromise or withdraw any claim made in any legal proceeding or otherwise:
3. (c) Provided that no withdrawal from prosecution for an offence under this Act shall be made except with the permission of the Court.

34. (1) The NIRMAN Kshetra Authority shall make provisions and take steps for recovery of dues, rent and charges from the occupants of premises and amenities in the NIRMAN Kshetra and its periphery.

1. (2) The pending dues, if any, on proposal and certification in this regard by the NIRMAN Kshetra Authority, shall be recovered or collected as arrears of land revenue.

35. The NIRMAN Kshetra Authority may,in consultation with the NIRMAN Kshetra Committee, may make provisions by regulations for eviction of the occupants from any premises in the NIRMAN Kshetra for violation of any guidelines or regulations issued under this Act or non-compliance of the provisions of this Act.

36. (1) Subject to the provisions of this Act, a NIRMAN Kshetra Authority may create such funds for such purposes as it may determine from time to time, to which, shall be credited all moneys received by it, including, -

1. (a) initial contribution by the State Government towards a revolving fund of ₹500 crores to be established by every NIRMAN Kshetra Authority under this Act;
2. (b) all money received from the Central Government, State Government, or any other person by way of grants, donations, loans, advances or otherwise; (c) all fees and user charges received by the NIRMAN Kshetra Authority under this Act; and
3. (d) all moneys received by the NIRMAN Kshetra Authority towards lease, premium or cost of land and/or building.

1. (2) The fund shall be applied towards meeting the expenses incurred by the NIRMAN Kshetra Authority in performing its functions and for administration of the provisions of this Act.
2. (3) The accounts of the Regional Development Authority shall be prepared and maintained in such form and in such manner as may be prescribed by rules.
3. (4) The Accounts of every NIRMAN Kshetra Authority shall be subject to audit in the manner as may be prescribed by rules.
4. (5) The Regional Development Authorities shall pay from their funds the charges for their respective audit as may be prescribed by rules.
5. (6) The Authority shall prepare, in such form and at such time each financial year as may be prescribed, its annual report, giving a full account of its activities during the previous financial year, and submit a copy thereof to the State Government.
6. (7) The State Government shall cause the annual report and auditors’ report to be laid, as soon as may be after they are received, before each House of the State Legislature.

37. Subject to approval of the Board, a NIRMAN Kshetra Authority may borrow and raise loans from any source including by issue of bonds, debentures and other instruments for carrying out the purpose of this Act or for servicing any loan obtained by it, up to such limits and on such rates and other conditions as the State Government may specify.

38. A NIRMAN Kshetra Authority may give loans to or share expenses with any person for any project, including an infrastructure project, subject to such limitations and conditions as the State Government may, from time to time, specify.