Section 55 in The Bihar (Coal Mining) Area Development Authority Act, 1986
55. Determination of certain matters by the Authority.
(1)As soon as may be after public notice of the scheme has been published in the Official Gazette under section 52(1) of this Act but not later than the time prescribed by the Authority shall, in accordance with the prescribed procedure proceed to,-(a)define, demarcate and decide the area allotted to or reserved for the public purpose or purposes of the Authority and also the reconstituted plots;(b)decide the person or persons to whom a reconstituted plot is to be allotted, and when such plot is to be allotted to persons in ownership in common, decide the shares of such persons;(c)estimate the value of and fix the difference between the value of the existing plots and the values of the reconstituted plots included in the scheme, in accordance with the provisions contained in clause (f) of sub-section (1) of section 69;(d)estimate the compensation payable for the loss of the area of the existing plot in accordance with the provisions contained in clause (f) of sub-section (1) of section 69 or in respect of any existing plot which is wholly acquired under the scheme;(e)determine whether the areas allotted or reserved for the public purpose or purposes of the Authority are beneficial, wholly or partly, to the owners or residents within the area of the scheme;(f)estimate the proportion of the sums payable as compensation on each plot used, allotted or reserved for the public purpose or purposes of the Authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public, which shall be included in the costs of the scheme.(g)determine the proportion of contribution to be levied on each plot used, allotted or reserved for a public purpose or purposes of the Authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public;(h)determine the amount of exemption, if any, from the payment of the contribution that may be granted in respect of plots or portions thereof exclusively used or occupied for religious or charitable purposes at the date on which public notice of the scheme is published under section 52 of this Act;(i)estimate the value of reconstituted plots included in the scheme and the increment to accrue in respect of such plots in accordance with the provisions of section 70;(j)calculate the proportion in which the increment in respect of the reconstituted plots included in the scheme shall be liable to contribution to the cost of the scheme in accordance with the provisions contained in section 69;(k)calculate the contribution to be levied on each reconstituted plot included in the scheme;(l)determine the amount to be deducted from or added to, as the case may be, the contribution leviable from a person in accordance with the provisions contained in section 72;(m)provide for the total or partial transfer of any right in an existing plot to a reconstituted plot or provide for the extinction of any right in an existing plot in accordance with the provisions contained in section 73;(n)where a plot is subject to a mortgage with possession or a lease, decide the proportion of compensation payable to or contribution payable by the mortgagee or lessee on the one hand and the mortgager or lessor on the other;(o)estimate with reference to claims made before it, after the notice given by it in the prescribed manner, the compensation to be paid to the owner of any property or right injuriously affected by the making of a scheme in accordance with the provisions contained in section 74;(p)determine the period in which the works provided in the scheme shall be completed by the Authority:Provided that the Authority may make variations from the scheme subject to the condition that any variation estimated by it to involve and increase of ten per cent in the total cost of the scheme or rupees one lakh whichever is lower, shall require sanction of the Government:Provided further that the Authority shall make no substantial variation without the consent of the Government and without hearing any objections which may be raised by the owners concerned.(2)The Government may, if it thinks fit, whether the period prescribed by the rules for deciding all the matters stated in sub-section (1) above has expired or not, extend from time to time by a notification in the Official Gazette the period for deciding all the matters referred to in sub-section (1).
