Section 92
. Dissolution of Uie Autht:iritv . -("i) Where the State Government is satisfied that the purposes for which the Authority was established under this Act· have been substantially achieved so as to render the continued axlstence of the Authority in the opinion of the State Government urmecessary iho State Government may by notification in the official 'Gazette declare that H1e Authority shall be dissolved with effect from such daie as may be specified in the notification and the Authority shall be deemed to be dissolved accordingly. " · ·
92 . Dissolution of Uie Autht:iritv . -("i) Where the State Government is satisfied that the purposes for which the Authority was established under this Act· have been substantially achieved so as to render the continued axlstence of the Authority in the opinion of the State Government urmecessary iho State Government may by notification in the official 'Gazette declare that H1e Authority shall be dissolved with effect from such daie as may be specified in the notification and the Authority shall be deemed to be dissolved accordingly. " · ·
From the said date-
(a) all properties , funds and dues which are vested in or realisable by the Authority shall vest in, or be realisable by the State Government;
(b) all khasmahai lands placed at the disposal of the /.\ui!1ority shall revert to the State Government;
all liabilities which are· enforceable against the Authority shall be antorcoablo against the State Government: and (c)
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(d) for ihc purposes of carrying out .:my development which has no: bsen fully carried out by the Authority and ,or the purpose o~ ·o -alising properties , funds and duas referred to in clause (a), lhe functions of the Authority shall be d1::r.ha·g -d by the Sl8te Government.
-:-·:.1. ;;~t:·e;.;[ ,,_nd savings . --(1) As from the date of ·he constitution of the :l\uihority--
{a) tile Bihar Town Planning and Irnprovemen Trust Act, 1951 , tne Bihar Restriction of Uses of Lar!ri Act , -: 948 (Blhar Ac: 23 of "!943) shall cease · 10 ·have effect within the . area r.otified under sub -section (2) of Section 1, sev« as r1rov1det.i under Section 30;
(b} the Improvement Trust as constituted under the Bihar Town Planning and Improvement Trust Act, 195 · 1 shall cease to exist with 3ffec1 from the dale this Act comes into force ;
(c) the Bihar Regional Development Authonty Second Ordinance, 1981 (Bihar Ordinance no , -: 91 of ·1981) 1s hereby repealed.
{d) notwlthstanding such repeal , any , hing done or any action taken in tho exercise of any powers conferrec by oz under the said Ordinance shall ba deemed to have been done or taken i;1 the oxorclse of powers conferred '0y or under this Act, as if this Ac! was i:. force on the day on which such tnin9 or action was cone or taken. ·
(2} l\!otwithsianding tile p.ovisions ot sub-section (i )-
every officer or other employee serving :, . nde , the Improvement Trust or Town Planning Authority and lhe Controllinq Authority under the Bihar Restriction of Uses of l.ano Act, 1948 (Bihar .A.cl 23 or 1948) immediately before the dai::;, of lhe constitution of ~ he Autnority shau , on and from such date, be deemed to have beer. transferred lo and become ar officer or other employee of tho Autrori1y with such ceslqnatlon as the Authority may dotermi;w and may hold office by the same tenure, at ths same re-. numeration and on the same terms and conditions of so . vice as ne would have : , e!c rl tile Authority had ;101 been constituted, and shall continue to do so unless and until such tenure. rsmunera -lion and terms and conditions arc C:uly altered by the Auiho"ri\y ' :
Provided that any service rendered by any such o:ficer or o!he· employee before the constitution of tile Authority shall be deemed to be service rendered under i!;
(b} anyihing cone or any action taken {including 2.r.y appointment. delegation , notification . order. scheme , permission . rule , b\1e -iaws , regula\ion or form made , gra:1tec. or issued) under the Bihar Town.Planninq and Improvement Trust Act , 1951 a:10 the Bihar Restriction of Uses of Lard Act , 1 . 9': -5 (Bi ' 1ar Act 23 of -: 948) sh , '11 so far as ii is not inconsistent with the provisions of this Ordinance , continue in force and be dcsmeo to have been done or taken under the provisions of this Ordinance unless and until · AO.:.!~'4r,no ')f ;,nv action taken under the
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(c) all debts , obligations and i1abi'ities mcurred, all contracts :?ntered into and all matters anc thing~ engaged to be done by with , r for the lrnorovcrnent Trust or Town Planning Authorfty and · he Controlling Aut: iority shall be deemed to have been incurred entered into 01 engagP.d to be done by, VJilh or for the AuH·ority;
(d) all properties movable and immovable and all rights , title ano in -terest in any property vested in the Imp ovement frust or ~ov, , n Planning Authority shall vest in the Authority, and all properties in possession of the Improvement Trust or Town Planning Au!ho1·ify shall be deemed to be in possessior of ihe Authortv .
(e) ail rents . fees and other sums of money due to the Improvement Trust . or Town Planning Authority shall tic deemed to be due . to ihe Authority ;
(f) all suits, prosecutions , and other legal proceedings ins!iiu1ed or which might have been instituted by , Ior or against lhe Improvemont Trust or Town Planning Authority or the Controlling 1-\u°l'ioritv may be continued or inst.tuted by , for or agains1 the /\u1ho , i:y-.
(g) all sums charged on any property under, the Bihar. Town Plannin1:, ar.c; . rnprovernent Trust Acl. 195 · ,, or the rules framed thsroundcshal continue to be charged on that property anc .. the :.;harge shat ' be entorceable by the Authority ;
(h) from the date the Authority comes into existence it will have tno same rig:1t as the Improvement Trust or Town Plannin ~ / , uthority had in all lands within tl1e area notified under Section whi.:11 wero previously held by the Improvement Trust or Town Planning Authority on lease from tho State Govemment ,or t: certain pe · riod or ~he possession of which had been delivered to Trust 01 Tow1~ Planning Authority ;
(i) . all lands within the area notified under Section I he!C: by sir.y :Jer · son as iessee from the Improvement .Trust or Town P!anni , 1~ Authority under a registered deed or lease tor rcsidenti2l purpose (and not for commercial purpose or commercial -curn-rostdentia purpose) shall be deemed to be vested in him as ;-1el'ostua leases . rorn generation to gene;ation on payment ot foe to lll1 Authority at the rate of 011<1 rupee per square meter.
Comments l1 case-law
[The repeal of an Act may not amount to repeal of tho Hules frame , thereunder, if the Rutes are not inconsistent with the provisions of the ne\ Act, until new Rules are framed under the new J!,cL Raj Kesbwer Presa Singh vs. State of Bihsr, · 1937 PLJR 842.
The Draft fvlaster Plan in respect of Patna which s1ill survives can. on! be altered o. amended in accordance with the provisions of Section 2,1 ot th Bihar Regiona , Jevolopment Authority Act. The schemes framed under tf1 Bihar Town Planning and Improvement Trust Act should be deemed to i1a11 , beer: ~ramed · under the B. R D. A. Act. i 974 . Tho areas shown in the Ma: ter Plan as ' Green Belt " area cannot be utilized for other purposes. Doms Peswsn vs . State Of Bihar, 1988 PLJR 968.]
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(a) Fach 0.9 sq. metre (or 10 sq . ft.) of floor space of- cinema hall inclt!ding Balcony shall be deemed to bo occupied by one person .
(b) . The parking space provided for a car shall not be less than 20 sq . metres area; and for a Scooter and Bicyles the parking spaces provided shall not be less than 3 sq.metres, and ~ .4 sq . metres respectively.
~~ote Where the fVlaster Plan/Zonal Development Plan -provided the minimum proposed right of way wher c a construction of Cinema is permissible but the existinq right of way-is narrower than the above standard , a cinema hall may be permitted only if the existing right of way is not less than 10 metres in case of towns with 50,000 population and less and 13 metres in cases o·r towns with population more . than 50 , 000.
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