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Section 1

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1 ~:rii' · a:i-mli-6f'1f <fi" ajt~ '3«n ~ q;- ~rJ <h 1r<.11 t.clr mf<m m1 ~<l:11.st.d<~(U! ~ "<t f.ma;{Uf ~ ~ -~ ~ ~ ~ YiI<'if i° fu ~ ~ .:w.f · J; -~i'f ·f.f::;r~ c8" l[f,.;p::rriJf aj ~ ~;- ( i) ~ cfil G~ff ii, Tic. , t"ll,r1, ~ , ~ 1 ~ . fc;i_\'11 T~~ -cJ>l ~ /t; H!? . ~ , ~f ~~~ii-~ V,Fli1Jur <fil ~14~{ ~ ~ 1;;:rraj ·. , ,i:l.;i ~~,. :-1-1rr c ii) ~ ~ Tim c;;'l· r..'Vff ii ~1 ~ -. -r:? ~ <IT ~ -:;-iH~ .( ~J~1A¥i-1) ~ <m~ fm:tITT' r (f) 'Chairman' means the Chairman of the Authority; (g) ' development ' with its qramrnaticat variations means the carrying rn or building, engineering, mining or other operations in or over or 11r der land or the mal<ing of any material change in any building c land anr' includes re-dovelopment and layout and subdivision c any land and ' to develop ' shall be construed accordingly; ' Development Area' moans any area declared to be developrnon area undor sub-section('1) of section 8; (i) 'engineering . operations' include the formation or layin!=! out of streo or road or means of access to a road or the laying out of 'T'eam of water-supply, drainage, electricity, gas, transportation and othet public L ' lility services; · (j) 'Master Plan ' means the plan prepared by the Authority under sections 17 and -1 a; (!<) 'Khas Mahal land * ' * means land vested in 1he State of B1har; d' * ( 1) ' 'I.~' w: ·?i ~ · ;,m- ~m ~ m u ~ ~ m ,_r-;:1 ~ mer ~ « '1~,::\1 ~-!f!. <i, -::mil' 11llTllf w:1· -?i-~ ,_; u cffi'.l<l-'lf. ·« ~ ~ ~fi:l("'[ ih (m} ' Local Authority ' means any IVlunicipal Corporation , 'i local body constituted under Bihar and Orissa Municipal /,\ct, 1992 (B. g O.Act VII of -1922) or Panchayat established under the "[Blhar Panchavrti Raj Act (Bihar Act \/II of 194-8} or any such local body constituted in any region to which this .Act applies; (n) ' means of access ' includes· any road or means. of access . whether private or publice, for vehicles or pedestrians.: (o) ' Regulation' means a regulation made under this Act by the Regional Development Authority constituted under section 3; (p) 'Rule ' means a rule made under this· Act bv Stc1te Government: (q) 'Region' means any area declared as such under sub-sect'on (2) o/ · section 1 or suo -eectiorut) of section 8; · (I) Regional Plan ' means the plans prepared by the Authorily under section 16, ts) ~ ce-Chamnan' means the Vice-Chairman of the Authority; ZDna' rocans arrt cne -Of the dw.ions in which the Development Area ma, t..:::. .:dad for the purpose of development under this Act: • G (u) 'Zonal Development Plan' means the plans prepared t.y the Authority under section 19; M 'Urban Area' means the standard urban area as defined in the Cen -sus Act , 1948 (Act 37 of 1948) Comments ll.: ~c-law [Bui!din9 means a rootsd structure. Mere construcuon of walls docs not consrn:.rte a building . Sewai tat l(ha.nfla v. State. 1930 BLJR 489. T!1G expression "lo erect or re-erect" m relation to any building includes ·a-:e reconstrucuon of lhe whole or any part of the external wails of the b~1ilding. Akin Nandi vs . State, 1964 BLJR 520 . Areas included in the " Green Belt" according to Master Plan prepared for the· region ha v go'! to be kept as such ':le treated as vacant lard within the r ·· ~ aning of. the provisions or section :2(0) (i) Doman Paswan 11. State o: Binsr, ~ £~::! P1-JR 963.] C~iA?T ~ f3 ~J THE REGIONAL Dt:\/ELOPMENT AUTHORITY ll.NO ITS OBJECT :_:,; , \~t::fJO~ila , O:av;;i!o;p1111tenft foiwRhor1H!JJ.-(1) The SI.ate Govemmer' shall, at' any time attsr U ,. commencement of ihis Act, oy notitication in ihe o1ficia , Ga -zotte, constitute ror the purposes of this Ad, an Authority to be cal.ed us :=le · g'or.al Dcvelopm · 1t Aulhority bearing the name o , that Regim ~ . {2) The Autharily shall be a body corporate by the '1foresz.id nano , shat nave pe1peil.18l succession anti a common sen! with power lo enter inio contract and to accuire, hdd and dispose of propen:y both movable and immovable- and shail by the s.c , id name sue ar.d _ be sued. (31 The A.uiho,·ity shall consist of the following members , namely;-- (a) a Chairman , who shall be the rVJinister of ~ne Urban Development Department of ths Staie of Bihar or any person nominated by the Slate Government and his ·:enure shall b~ generally of ~hrea years: (b; \/ir,0 ~ hairrnan , ·10 be appointee by the State Government; (c) a planning Member wilO shaH be U1e Chief Town Planner, Bihc.r , or his nominee not below the rank or Assistant ·rcwn Planner (Exoiticio}: ( d ) ~Tii~ ·wfu\~l(f i1' ~~~ o!l'R ~if'<X ~4¥ ~ · x-4~~~ o1i ~r,;r ~ '?~I !l!fuf.rfui m?i ~ *( 3l1JZ! ey; i:;:--<1, ~ ~ -m 3':f~T'«<f "1'1-;-; , rftr ~ ~ i m?i *( ~ ~ ~,:;yr "lf.Tff, f, "-iT{ ~ ~ GfU ~ ·f.f'~ f'~ ~; (G) two other persons to be nominated by the State Government of whom one shall be a person of administrative or technical experience and the other shall be a social scientist: (f) Adrni11istraior/Chiei i=J(ElCutive Officer of fhe rJlunicipal Corporation or Enecuiive Officer/Spoclal Officer ol the fVlunicipality scuated at the Headquarters of tho Reagional Development Authority; (g) Chairman, Bihar State Housing. Board or his nominee who shot.Id not b-1 below the rank of ' Elcecutive Engineer (Ex-officio); (h) r~o· more than three members of the Bihar Leglslature of tho Regior:ai DevelopmentArea nominated by the State Govemment; 1 • • (i) Collector or Deputy Development Commissionsr-curn-Chiet E:.1cec· tivs Officer of the district, to be nominated by the State Goiter meat (Ex-officio); Chief Er.gineer, Public Health Engineering Department or his nom nee noi below tho rank of Executive Engineer (Ex-otiicio}; (k) Chief EngineE!r , Public Works Department or his rommee not beloi the rank ot Executive Engineer (Ex-officio); , (I). Secretary, Urban Development Department or his nominee net be 1ow !he ran« of Deputy Secretary (Ex-officio). The Vice Chairman shall be a whole-time Government servant The Vice-Chairman shall be entitled lo receive from the funds of the t'.\L thori1y such salaries and such allowances , if any and governed by such c.,-;ndi tions of service ~s may be determined -by rules made in this 0ehall . Other members specitied in clauses (d}, (e) and (h) of sub-section (3 may be paid from the l'unds of the Authoriiy such allowances , if any; as may b1 fixed by the State Government in this behalf . The Chairman , if he is a person nominated by the Stats Governrnen under clause (a) or sub-section (3) of section 3: and the Vice-Chairman shal hold office during ''h:a pleasure or the Slate Government. Members reterred to under clauses (d) , (e) and (f) shall hold office for c term of three years from the date of their nomination to the Auihority:- Provided that such term shall come to an end as soon as the rnernbei ceases to be a member of th::; body from which he was nominated. A member other than an Ex-officio Member may resign f1is officG b ~ writing. under his hand addressed to the State Government but shall continue ir o ' fice until his resignation is accepted by that Government. (10)_ . No act or proceedings of the Authority shall be invalid by reason of 1h<: existence of any vacancy in defect in or the constitution of the l-\uthori1y . Comrnenlls sinci caise-Jaw [The State Government has the choice in the matter of nomination oi Chairman , either to noromata the Minister-in -charge himself or any olher person , orcli -harily tor a term of three years , at the time or constituting a Regional Developmen! .Authority . Once this choice or option has bean exercised , the power under sub -section {2) (a) .o: section 3 is exhausted and cannot be re-sxerciseo . The Chairman ' s appointment cannot · be cancelled by e}cercising the power conferred by section 3 (7) . The Chairman cannot be removed from office before the expiry of the term except Linder the provisions of section 5 . R . P Raja vs . Si"ai·e of Bihar, 1987 PLJR 275 . The doctrine of " pleasure " is merely an empowering one. The exorcise or " ptaasure " under Article 310 of the Constitution can only be made . in the manner indicated in Article 3i 1 ofr<neConstitution and not otherwise . The doctrine of " pleasure " being . a serv.ce concept , the " pleasure " theory cannot apply to a Chairman o1 a rlegional D~lopment Authority. ibid. :-he Chairman of~ -egional Development Authority is not an employee working for. salary. The C airman is a statutory authority created by ihe statute and can in no manner b described as a Government servant or an emp!oyee of ~n\/&;ill"nn-'lc.:Jn~ Tho rfnrtri .o nf 11nl.o?ic. c. , n-c," ,omhn.rfiorl ;n 1\,-\l'i...-.lc t:,·~ n ,-...f ·~h'"" r> r-v ....,r-~;: . ,. • tion is a serv1 . .__ concept . There is 111Jth1ng rn tne Constitulion provioinq for the extension of t lor.trine of "pleasure· · to non sorvice person ibid. The Stai ... Legislature has no authority to leg1slaie en the "nleasuro" oi thr-> '3ovemor al a State. Sub -section Cl) of section 3. in so tar as :1 is made applicable , the case of a Chairman of a Fleg1onal lJevelopmenl Authority , s ultra vtres . 1: ihe }Owers conferred ' by provisions of section 3 (7) are not controlled by secnon 'i, .hoy will be hif by Article 1L! of the Constitution of India, as confer ring arbitrcry, J unguided , uncanalised and unbridled newer on the Slc1te Govern -r,;:.,.,nt. 1i1id. · y J 1Ji;;,cj··.iU.icaa:on for a:opointlr,enl of a member ci lhe Authority. (1) A person shall be disqualified tor boing appointed as and for being 2, member oi ·he Authority if hG- {a) has been convicted by a Criminal Court foi offence involving moral turpitude , unless such conviction has been set aside: {b) is en applicant io be · adjudicated a bankrupt or insolvent , or is an unceriificated bankrupt or undischarged insolvent; . (c) has . dlrecttv or indirectly . by himself or by any partner employer or employee any share or interest, any contract or employment with, by Of on beha!f of the Auihority ; (d) iG a directer, or a secretary, or a manager or other salaried officer of a; , y incorporated company which has any share or interest in any contract or employment wltn, oy, or on behalf of. f. the . A.ui11oritJ1 : or (e) it, of unsound mind. P . person shall nor be disqualified under clause (c) of sub-section (1) or t:3 deemed to h . ·ve any share or interest in any incorporated company which hc:s any snare or interest in any contract or employment wilh by or on behalf of ihe Authority by r·~ason only of his being a shareholder ot such company : Provided· ~h , . .: such person discloses to the Govarnmeni thH nature and e::-::mt or the share hold by him , . ;~ . .. f-:eJTi0 ~ 1.ml of the member .-(1) The Government may . b-.; notihcation , remove any member from office- i (a) permission of tne /\ui horit y . boon absent fio , n more ' han three consecutive meetings of the Authority , or ember from office i, he has. withoui the (bl if he. being a legal practitioner. acts or appears on behalr o; any p,:..-son other than the Authority in any Civil, Criminal or other legal procc~eding in wllich the Authority is interosted, either as ~ 'party or otherwise. or (c) ir ,,., has, in t:,e opinion of Hie Government , contravened the provisiorr of section JO. or (d) if he in Hie opinion of ihe Government. had become physically or memally unable to act as a member : .tl~u· , ~tir, r, n ir .-. ..... , ........ ...J .... r-4 -·· · Provided thai when the Government proposes to take action under sub-soctier: {1) an opportunity of explanation shall be given to the member concerned , and no such action shall be taken except after· taking into consideration his ex-,. .. , 1-, member removed under the foregoing provision sh:.ill not he eligihk.i fc re-election or re-: nomination Comments 8: case-law [The State C:: vemrnent has \he choice in the matter of nominaticn of Chair man. either to nominate the Minister-in-charge himself or any other: person , ordi narily for a term of three years, at the time of constituting a Regional Develop ment Authority. Onr.e thls choice or option has-been exercised, the power unoo sub -section (2) {a) of section 3 is exhausted and cannot be re-exercised. Thi Chairman's appoin rnent cannot be cancelled by exercising the power ccnrerrer by section 3(7). The Chairman cannot be removed from office before the eJ(i)i'"'. of ihe 1crm except under the provisions of section 5. R. P Raja vs. Staie o Biher, 1987 PL.JR. 275. The doctrine )f · pleasure " 1s merely an empowering one. The exercise of "Pleasure" under Article 310 of the Constitution can only be made- in the mannei indicated 1n Article 311 of the Constitution and not otherwise. The doctrine ol "Pleasure " being a service concept, the "pleasure'. theory cannot apply to a Chairman of a Regional Development Authority . ibid.] ....!.-- G. Staff of the Authority. -(1) The Authority shal! have a Secretary , 10 bPappointed by the State Government; who shall exercise such powers and perform such duties as may be prescribed by regulcJtions or delegated · to them by the Authority, or the Chairman . The Authority may , subject to such control and restriction as may be prescribed by rules approved by Government appoint such number of other ofi'icers and employees {including experts for technical work such as Economic Planner. Transportation Planner , Health and Education Planner, Data Information System Planner) as may . be necessary for the efficient performance ot its functions and may determine their designation and grades . , The Secretary, and other officers and employees of the Authority si1all be entitled to receive from the runds of the Authority such salaries and such allowances if any , and shall be go'lerned by such conditions of service as m ~ be determined by regulations : · Prov1ded that appointments to posts with minimum salary of HS. 500 shall be made on the advice of the Bihar Public Service Commission. The Authoritv may appoint a person on any post carrying salary above Rs . 500 after approval of tho State Government and the total period of such appointment shall in :10 case exceed six months . The Authonty may appoint a consultant on hire to assist in pli,nning and other tasks , provided that in case a consultation fee exceeds rupees five thousand tor a consultant prior approval of State Government shall be necessary . Comments ll-t case -law · [Where the statutory rules lay -down the requirement of approval of Public Service Commission, it is necessary to follow it. The State Government can clirect to terminate (u/s 65) the contract of service where the appointment was made in violation of the above requirement , The High Court will not interfere in such a case . Parbhat Kumar Mukherjee v State of Bihar, 1969 PLJR 56 (SC).