1 · · · " -- -· -.. ,hi~I,,, ;-;. .,... hoinn .. y — BIHAR ACT 40 or " 1982]1

1 1 · · · " -- -· -.. ,hi~I,,, ;-;. .,... hoinn .. y ~~r1 i 1non ,, !j it2 . Pr:..-Aci building permiis.-h anv JUiiding permit Wh!Ch h ~j o J· .::; sued before the commencement of this Act is not whollv completed wrrl"tin .:: :-,r. riod of three years from Ihe dale of such permit, the s 1id perrrustron hafi ·b( deemed to have lapsed and trash permit shall be necessary; ~ -Diur.:aiion of sanctlcn=-Tho sanction once accorded shal! remain va!; , up io three years during which period completion certificate from the ·egisK;21 arch!tecflengi11eer or a person approved by Vice- Chairman , in !he form preqcribei in the Building · Regulations shall be submitted !lnd rt this 1s nol done the porrn shall have to be revatidated before tho expiration of ihis pencor: pavmer , c such foes as may be prescribed. Hevalidatton shall be subject 10 !he rnlsc .:1n regulations then in torce. Comments & Cas-.law [The requirement of" section 43 is that Comptetion Certificate should b presented withir. three years of the work comoleted before the expiration of th period of three years. the la:1d owner should apply for ; evalidation of the eanr tion . The expression "then in force " as used in section 43 should be construe to mean the R·Jks and Reguiation in force when the origin,:I sancttor, wa granted and not those Rules and Regulations which aro in force at tho time , making revalidation application. Ram Narain Jhunjhunweio vs . Staie of Bihs 1990(1) PLJR 66Li The provisions of section 43 cannot be construed to mean ih'=lt eJ(csp[ ii one revalidation of sanction , no further order for revalidation of sanction nr buii· ing plan is permissible . Revalidation may continue even afier expiry or period three years provided- no C:eviation from the sanctioned plan takes place . T' order passed by t'1e Vice-Chairman forbidding further construction on the g;ou. that revafidatior of building f plan cannot continue to be operative beyar:ci Ii g p period of three years is wilhout jurisdiction and erroneous . ibid. The provisions of this section are regulatory in nature, the object being ensure thai the construction is tarried on and completed in accordance wi,n ti sanctioned plar. and within the stipulated period or the period of revalidation . E if the constructior , alteration or addition has been done in accordance to ii sanctioned plan, suetconstruction , alteration or addition will no. bs ille~ notwith- standing he en~iry of the slipulated period. vico Chairman PRDA · Sta , e of Bihar, 19!:!8 (1) PLJR 714.] C}-J~IPT'ER V!i FINANCE , ACCOUNTS .Ll.ND AUOIT. ti4 . [Fu1ull ot tm~ J.l. . oc.ihorriiy-.-(1) The authority shall have and rnoin18ir. own fund to which shall be credited - (c:c} · a'.1 moneys received by tho authority from. the S!aie Go11ernsnen/ from the Contra! Government ·by way of grants, toa . ts , 3r;v.:nr.!')r-; olilerwise ; (b) all moneys borrowed by tho Authority trom sources other (;18n Sta·e Government er the Central Government by way en 10.::rn, debentures; (c) al! fees including betterment fees and charges- received by ~he (c) ::111 moneys received by Hie Authority trom iho disposal of lands buildin anc' other properties movable and unmovable: and (e) all 11101 Ays rcceiv.ed by ihe Authority by way of rents and profit.:; or in any oil-it,;· . nannor or from anv other source · Provided that the setting up of the Authority would not involve any adrJi · ior,a; commitment from the Central Government by wav of granis, loans, ad vances or otherwise. The Authority shall receive dut.y on certain transters of immovable pr oert~, in accordance with the provisions herninafter in this section contained (i} The duty imposed by the Indian Stamp Act, i 899 (II of 1899) a::moditied from time to time in its applicaiior to the Stale ot IJihar, on Instruments of sale, gift and usutrucru HY mortqaqe of -rnmovable property shall in ihe case of instruments affecting immovable property situated in lhe area nonnod under Sub-section (2) of Section 1 of the Act and executed on or after the date on which the provisions of this /\ci came into force in such area be increased by five percen1Um on the value of lhe property trans:errcd hy the instrument or (in the case ot an usufructuary mortgage} on the amount secured by the instrument, as set forth in the instrument: ((i) For lhe purposes of this section-