Section 8 in Jharkhand Tourism Development and Registration Act, 2015
8. Establishment, Power and functions of the Authority.
(1)The Authority shall have its own establishment, for which the regulations shall be framed with the prior approval of the Government.(2)The Authority shall systematically execute and get executed necessary programmes and manage all the activities of the Department for achieving the objectives of this Act.(3)The Authority shall :(a)be responsible for planning, development and maintenance of the tourist place/zone amenities thereto and allotment of land, execution of lease, rent, charges and matters connected thereto.(b)provide and maintain the tourism related services such as information, reservations, guidance, parking, toilets, cleanliness of tourist spots, environmental upgradation, publicity etc.;(c)assist the local body in maintaining the sanitation and infrastructural facilities at the tourist spots;(d)build and maintain parks, lakes and recreation centres, fountains or any other such facility, which may enhance the tourism value of the area;(e)take up developmental measures for various sections of tourism industry and those engaged in allied activities;(f)regulate the construction, expansion, maintenance and operation of all tourism units and allied activities, subject to the general superintendence and control of the Department, in such a manner so that the tourism activities become environmentally and culturally sustainable;(g)prepare a tourism master plan for its area and all tourism units and establishment performing tourism related activities shall conform to the said master plan and the Authority may order to modify or close down the tourism units or establishment not conforming to the master plan;(h)regulate all such activities and services in the notified tourist place, which commensurate with the religious sentiments of the tourists visiting such notified tourist place so as to promote tourism in such place; and(i)have the powers of the Commissioners of Municipality as specified in Section 196, 197, 198, 200, 201 and 202 of the Jharkhand Municipal Act, 2000 (Adopted) for purposes of removal of encroachment on roads, house gullies and land in the development area and properties of the Authority.(j)perform such other duties and functions as may be entrusted to it from time to time by the Department or the Government.(4)The Authority shall :(a)charge fee on any of the direct services provided by it; and(b)receive donations or grants from the Department, Central Government, State Government, Semi Government and Non-Government Organizations and any other source and also borrow from any source, with the prior approval of the State Government(5)The State Government may from time to time entrust the Authority with any other work that is connected with planned development, maintenance of the tourist place.(6)The State Government may, by notification in the Official Gazette vest the Authority or the Chairman or the Managing Director with power under any other Act for planning, development and maintenance of civil and tourist amenities like housing, schools etc. and vacation of encroachment, etc., that are exercisable by any local authority or statutory body or State Agency under any law for the time in force in this regard.(7)Where, in the opinion of the Authority, as a consequence of any development having been executed by the Authority in any development area the value of any property in that area which has been benefited by the development has increased, the Authority may, with the prior approval of the State Government, levy upon the owners of the property or any person having interest therein a betterment charge in respect of the increase in value of the property resulting from the execution of the development.Provided that no betterment charge shall be levied in respect of land owned by the State or Central Government.(8)Such betterment charge shall be an amount in respect of any property situated in a development area, equal to one-third of the amount by which the value of the property on the completion of the execution of the development scheme, estimated as if the property were clear of buildings exceeds the value of the property prior to such execution estimated in like manner.(9)The State Government may acquire any land required for the purpose of the Authority, which shall be deemed"Public Purpose" under the Land Acquisition Act, 1894.(10)The State Government may, by a deed of lease, transfer, on terms and conditions as may be decided by the State Government, to the Authority, any developed or undeveloped land vested in the State of Jharkhand for the purpose of development or use in accordance with the provision of this Act.(11)If any land so placed at the disposal of the Authority under sub section (10) is required at any time by the State Government, the Authority shall restore it to the State Government.(12)Any money due to the Authority on account of fees, rent or charges, or disposal of land, building or other properties, move-able and immoveable, or by way of rents and profits, may be recovered by the Authority as arrears of land revenue under the State Public Demands Recovery Act, 1914.(13)The Authority may, with the prior approval of the State Government, by a Resolution published in the Official Gazette, make Regulations to carry out the purposes of this Act.
