SeWeme:,nt oV betterment charges .oy ths Tribr.Jnail.-(1) For the deterrnmauon of the matter, . reterred to i… — BIHAR ACT 40 or " 1982]1

. SeWeme:,nt oV betterment charges .oy ths Tribr.Jnail.-(1) For the deterrnmauon of the matter, . reterred to in sub-section (4) of Section 60 tho Authority shall refer the malter to the Tribunal or Appeal as specified in Section 89 .

62 . SeWeme:,nt oV betterment charges .oy ths Tribr.Jnail.-(1) For the deterrnmauon of the matter, . reterred to in sub-section (4) of Section 60 tho Authority shall refer the malter to the Tribunal or Appeal as specified in Section 89 . The Tribun2.I s;,ell follow such procedure as rr~y be prescribed tiy rules made m this bohalt . \2-3. Pa:y;,".ent oU rosuem1er.i i;harges.(1) The bf'tte1 ment charge leviBd under this Act shall be payable in such number of instalments and such instalments shall be payable at such time and in such manner as may be Irxed by regulations made in this behalf. Any crrear of betterment charge shall be recoverable as ar -arrear o, lc.1ncl revenue. ~-r,'lcd0 o1 recovery ot money dr..1e ~" l\uth-or;i~ by !occ:.l authority k;r s;: · G..::i.:il fl!,(:)O _ sos.-(1) Any money due . o the Autho;ity on account of fees or charges or proceeds of disposal of lands , buildings · or of ier properties moveable or immovable or by way of rents and profits may, if lhe mode or recovery thereof is no, expressly provided for in any other provisior oi this /kt be recovered by ths Authortty as charqo oi".land revenue. (2} The Authority shall be deemed to be a local authority within the maanirg of rne Bihar and Orissa General Clauses Act. · 1917 {8 & 0 . Act I of !91. ') for ti'le purposes of the Bihar Buildings (Lease , Rent and Eviction) Control Act, i94-7 (Bihar Act !II of ·,947))1. the Bihar Money-Lenders Ad,i938 (Bihar Act T of ·rn38,)F the Bihar and Orissa Local Fund Audit Act , 1925 (8ihar and Orissa Act 11 of 1925) and the Local Authorities Loans Act, 1914. (Csntrai Ac~ IX of 1914). Gti. C.,;,ntrol toy Staia Gio11e1..-,ment . -('i) rho State Govem.nent may set aside any resolution of the Authority qr ,'ny order of tho Authority, the Chairman , the Vice Chairman or any officer of tho Authority, if in the opinion of the Stare Govern, ,e: it the resolution or order is in excess or the power conferred b!f law. The State Government may issue direction to the Author ' ty o i matters or g:=mcral policy . comments 8. case-law [Government is bound to act in accordance with principles o; natural justice before exercising its statutory power to set asks any resolut.on of the Trust or an order ol tho Chairman of 'tile trust . A notice has to be given b} , the Autnority to a person who is ;Jrejudicially affected by the order whk:h is ultimately made . sury« Vijay Sino11 vs. State of Bihar, 1960 BLJR 1065: AIR 1970 Pat. 2i3 . ) i~e . \:Ji;,~1.wns.-The Authority shall furnish to ihe state Government such reperts, returns and other informations as that Government may . from time to time . require G7 . '.:,Gi'lJice Oi notice, etc . s-Every . notice, order ' er other document required by this Act or . any rule or regulation made thereunder shall be signed by tho Secreiary of the Authority with its common seal and shall be deemed to have been duh, i served upon the party or parties concerned if the service hcl,; been , eH€cied in any one of the following manners · (i) f3y personal service : (ii) By registered post : (iii) 8y affbong it at the house or the principal place or business of the pariy concerned as the case may be : l , Now se o Act 4 of 1983. I (iv) By publication m one prornment Hindi and one Er,gi1sh daily newspa par published. wlthm the area of !he Auihority in their two consecutive issuer Provided that - (a) lr1 case the party to be served is a registc red company, a firr of partnership. a body corporate , a local autho;ity , a society or other body it shall be served upon the principal cificer of the said fi~ . or organisation as determined by the Secretarr · of the Authority in his. discretion and il shall then be deemed to hc'VfJ been duly served on each director, partner or member of tne said firm or orqamsanon: (b) in case the party to be served is a minor or a lunatic ii shall .:oe served upon his guardian as detonnined t,y the Secretary, or lhe ALrthority in his discretion (c) the manner of service mentioned eithor in sub-clause {iii) or subclause (iv) above shall be resorted to only utter attempt at service either under sub -clause (i)or sub-clause (ii) has (ailed . GS. Puofic nctlce to be · I" writing signed by the Se=:reia!'y and se.;:]$!l ancl widely published! in the locality l:iy arn1,ing copies and by !::e:ai :,1 drum, bV publ s,ing . n local E~t;lish arid Hindi dai ~' newspapers . -Every public notice given undo, this Act shall be in writing under the signature of the Secretary of thr ,~uthority with its common seal and shall bo caused lo be widely known in the locality affected thereby affiJCing copies theroot at conspicuous public places within the said locality and by publishing the same by b,}ai oi drum and also in one prominent local Enqlish and one Hindi daily newspaper in their three consecutive issues . · comments & case-law [Mere absence ot advertisement without any -deniat of the contrac. by the . authority would not make the suit defective al the lnslance of an outsider 011 tile plea of absence Oi advertisement . Absence of aoveruserrent is only 2. procedural omission which would not make the contract defective as it will be presumed that official act h, ,_, been properly done . Bishwanath Prasad Verma vs. Bhagwa!' Pandey 1982 PLJl-i 424: 1982 .BUR 403.]

Section 62