Section 36 in Bihar Regional Development Authority Act, 1974
36. Erection of buildings, etc.
(1)Every person, including local authority body corporate constituted under any law and a department of Central or State Government who intends-(a)to carry out a development plan or any other development work(b)to make any addition or alteration thereto, shall apply for sanction by giving notice in writing of his intention to the Vice-Chairman such from and containing such information as may be prescribed by regulations made in this behalf.Provided that no such sanction need be sought if the alteration is to done internally in a building without affecting the position of bath-room, kitched and drainage arrangements and further that the proposed internal alteration does not violate the provisions of the building regulations or planning standards the in force.(2)Every such notice shall be accompanied by such documents and plan as may be prescribed.(3)Every application under sub-section (1) shall be accompanied by such fee as may be prescribed by regulation made in this behalf;Provided further that the operational constructions of the Railways, other Central Government Departments, and Departments of State Government (sic) be exempted from the provisions as aforesaid.In respect of other works of Railways, Central Government Department and departments of the State Government such as construction of new line new buildings, new structures and new installations and reconstruction of existing lines, buildings, new structures and installations for both operational purposes and for extensions of services permission of the Authority may be granted or rejected latest by three weeks from the date of receipt of notice or proper application by the Authority for the purpose. In case no orders of the Authority are passed and communicated to within the aforesaid time-limit of three' weeks at the latest the Railways, Central Government Departments and State Government Departments will be free to go ahead with the constructions. In case the Authority has rejected any proposal in respect of Railways, Central Government or any State Government Department contained in the notice or application as aforesaid an appeal shall lie to the State Government if preferred within period of thirty days. While disposing of such appeal the State Government shall consult the Central Government or the Department, of the State Government as the case may be.(4)Where permission is refused under sub-section (2) of section 37 the applicant or any person claiming through him shall not be entitled to get refund of the fee paid on the application for permission but the Authority may on an application for refund being made withing three months of communications of the grounds of the refusal, direct refund of such portion of the fee as it may deem proper in the circumstances of the case.(5)The Authority shall keep in such form as may be prescribed by regulations, a register of applications for permission under this section.(6)The said register shall contain such particulars including information as to the manner to which applications for permission have been dealt with as may be prescribed by regulations and shall be available for inspection to the public at all reasonable hours on payment of such fee, not exceeding rupees five as may be prescribed by regulations.
