Chapter XIII MISCELLANEOUS

42. Save as otherwise provided in this Act, the provisions of this Act shall have effect, notwithstanding anything inconsistent therewith contained in any other State laws for the time being in force or any instrument having effect by virtue of any such law.

43. The land needed for the purposes of a town planning scheme, development plan or an infrastructure project under this Act shall deemed to be the land needed for public purpose under clause (za) of section 3 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act no. 30 of 2013).

44. All members, officers and employees of the board, the NIRMAN Kshetra Authority, the nodal company and other Government company or project development agency shall, while acting or purporting to Act in pursuance of the provisions of this Act or the rules and regulations made thereunder, be deemed to be public servants within the meaning of clause (28) of section 2 of the Bhartiya Nyaya Sanhita, 2023 (Act no. 45 of 2023):br Provided that until the Bhartiya Nyaya Sanhita, 2023 (Act no. 45 of 2023) is brought into force, section 21 of the Indian Penal Code, 1860 (Act No. 45 of 1860) shall be applicable in place of the said Act.

45. No suit, prosecution or other legal proceeding shall lie against the board, the NIRMAN Kshetra Authority, NIRMAN Kshetra Committee, nodal company, other Government company or project development agency or any of their committees, members, officers and employees, for anything which is done in good faith or intended to be done in pursuance of the provisions of this Act or any rules and regulations made thereunder.

46. (1) Notwithstanding anything contained in this Act or the rules or regulations made thereunder, units and amenities set up in any Special Economic Zone falling under NIRMAN Kshetra shall continue to be governed by and shall avail the benefits under the Special Economic Zones Act, 2005 (Central Act no. 28 of 2005).br

1. (2) The developer of a Special Economic Zone shall take into account the plans and schemes prepared by the NIRMAN Kshetra Authority in accordance with Chapter VII while finalizing any activity within the Special Economic Zone

47. (1) No civil Court shall have jurisdiction to entertain any suit or proceeding in respect of any matter related to civil disputes in the NIRMAN Kshetra and its periphery in respect of any order made or to be made or any action taken or to be taken by the State Government, NIRMAN Kshetra Board, NIRMAN Kshetra Authority, NIRMAN Kshetra Committee or the appellate authority, Grievance Redressal Committee and Dispute Settlement Committee in the exercise of any power conferred by or under this Act.br

1. (2) No injunction shall be granted by any civil court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under thus Act.br
2. (3) An order passed, or a direction given by the State Government to the Board, NIRMAN Kshetra Authority, NIRMAN committee or the appellate authority, Grievance Redressal Committee and Dispute Settlement Committee under the provisions of this Act or an order passed, or notice issued by the NIRMAN Kshetra Board, NIRMAN Kshetra Authority, NIRMAN Kshetra Committee or the appellate authority, Grievance Redressal Committee and Dispute Settlement Committee under the provisions of this Act shall be final and binding.

48. (1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.br

1. (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: -br
   • (a) the activities and services to be prescribed under clause K of section 2;br
   • (b) the facilities for public and civic purposes to be prescribed under clause Z of Section 2;br
   • (c) the remuneration, allowance and other conditions of service of members of the Board under sub-section (9) of Section 7;br
   • (d) the remuneration, allowance and other conditions of service of nonofficial members of a NIRMAN Kshetra Authority under sub-section (3) of section 10;br
   • (e) the contents of Master Development Plan to be prescribed under subsection (1) of section 18;br
   • (f) the conditions and restrictions subject to which and the manner in which the land may be disposed of under section 28;br
   • (g) the services on which, rates at which, and the manner in which, user charges may be imposed under clause (gg) of sub-section (1) of section 11;br
   • (h) the form and manner in which accounts of the NIRMAN Kshetra Authority shall be prepared and maintained, the other manner in which accounts of the NIRMAN Kshetra Authority may be audited and the charges of audit to be paid by the NIRMAN Kshetra Authority under sub-sections (3), (4) and (5) of section 36;br
     • (i) any other matter which is to be or may be prescribed or in respect of which provision is to be, or may be, made by rules.br
2. (3) All rules made under this section shall be laid, as soon as may be after they are so made, before each House of the State Legislature, while it is in session for a period of not less than fourteen days, which may comprise in one session or in two successive sessions and, if before the expiry of the session in which they are so laid or of the session immediately following, the House of the State Legislature makes any modification in any of such rules or resolves that any such rule should not be made, such rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any modification or annulment shall be without prejudice to the validity of anything previously done thereunder.

49. The Board may make regulations not inconsistent with the provisions of this Act and the rules made thereunder to carry out the purposes of this Act and for enabling it to discharge its functions under this Act, including the following, namely: -br

1. (a) for development, operation, regulation and management of the NIRMAN Kshetras within the State and for development of infrastructure within the NIRMAN Kshetra;br
2. (b) form, particulars, manner and fee of proposal by a person who intends to start an economic activity or set up a unit, amenity or infrastructure project in the NIRMAN Kshetra or who intends to undertake integrated development.

50. If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appears to it to be necessary or expedient for removing the difficulty:br Provided that no such order shall be made after the expiry of two years from the date of commencement of this Act.