Urban Planning Act 2012 for Bihar

1. Bihar Urban Planning and Development
Act, 2012

2. OVERVIEW
 Document available in public domain is of 64 pages
 It is having 12 chapters and 8 forms related to maintenance, development and regulations.
 It has total 80 sections and called Bihar Urban Planning and Development Rule, 2014.
 Previously it was called Bihar Regional Development Authority Act, 1974 and 1981.
 To achieve a coherent, homogeneous, comprehensive, faster and sustainable growth in Bihar by
ensuring planned and all-inclusive development of cities/towns into liveable, economically vibrant
and productive, sustainable and efficient entities with provision of adequate and durable public
infrastructure and amenities including affordable housing and livelihood opportunities for all
sections of society and bringing out efficiency in the service delivery mechanisms, community
participation and accountability of Urban Local Bodies and parastatal agencies towards citizens,
in convergent manner.
Vision Statement

3. S
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CHAPTER SECTIONS REMARKS
1. Preliminary 1-2 Definitions, short title etc.
2. Bihar Urban Planning and Development
Board
3-8 Constitution, functions, terms and conditions of
board etc.
3. Declaration of Planning Areas and
Constitution of Planning Authorities
9-17 Area declaration, withdrawal, constitution of
authority and its powers & functions.
4. Preparation of Land Use Map and Land Use
Register
18-20 Preparation, publication, power of government in
preparation of map and register.
5. Preparation, Contents and Approval of the
Development Plan
21-29 Preparation & contents of regional, zonal and town
DP, Power of Govt.,modifications, approval etc.
6. Control of Development and Use of Land 30-45 Restrictions, prohibition, permission in
development, permission for peripheral area, lapse
& revocation, penalty & removal of unauthorized
7. Area Development Scheme 46-58 Preparation, application, scope & contents, approval
8. Levy, Assessment and Recovery of
Development Charges
59-63 Charges, levy, assessment of charges, levy of infra
charges, appeal
9. Acquisition and Disposal of Land 64-70 Powers, transfer of govt. land, creation of land bank
10. Finance, Accounts and Audit 71-76 Fund creation, budget, annual report
11. Urban Arts and Heritage Commission 77-78
12. Tribunal 79-80 Constitution, remuneration

4. Constitution
• Development Commissioner acts as Chairperson
• Principal secretary of different departments of state
• Two experts of National repute on Urban & Regional Planning nominated by the Govt.
• Senior law officer nominated by Advocate General
• Chief Town Planner of UDHD
• Board can invite Ministry of urban development, housing, poverty alleviation, railway, road
transport & highways, Environment and Forestry, Govt. of India as special
representatives.
• Board can nominate or co-opt any person/persons, if needed.
• State Govt. if needed can appoint one of members as VC of Planning Authority.
2. Bihar Urban Planning and Development Board
Functions
• Advice the Govt. in planning and development related matters and use of rural &urban
land in the state.
• Assist and direct Metropolitan Planning Committee or Planning Authority constituted
under act and to perform functions assigned by Govt.

5. 3. Declaration of Planning Area and Constitution of Planning Authorities
 State Govt. can declare as well as withdraw any area in state to be planning area for
metropolitan planning area, regional or local planning area or site for new town.
 Declaration should be published in 2 local newspaper and public notice in Govt. offices, local
authorities and public places within Planning area and Govt. websites.
 It should be divided by proper boundary and include plot numbers. Can be also defined by
other boundaries such as village, block, panchayat etc.
 After declaration govt. may impose specific conditions for land transaction for a defined period.
 After consultation with board Govt. can amalgamate two or more planning area into one or
sub-divide into different.
 Chairman (Not less than Secretary of Govt. or equivalent)
 Chief TP of TCPO or his representative
 All District Magistrates of concerned districts
 All Municipal commissioners of ULBs not more than four.
 Up to 5 state Govt. nominated officials
 Town Planning practitioner by State Govt. not more than two.
 CEO of Planning Authority by State Govt.
Constitution

6. Functions and Powers
Publication
 Undertake preparation of development plans and schemes under this act.
 Conducting surveys and control on development activities.
 Levy and collect scrutiny fees for document scrutiny submitted for development permission.
 Can establish contract, agreements or arrangements with any person or organisation for performing
function needed.
 It can acquire, hold, manage and dispose of property, moveable or immovable if needed.
 Perform integrated planning.
4. Preparation of Land Use Map and Land Use Register
 Every planning authority, within 2 years or reasonable time should consult DM to determine,
prepare a present land use map and land use register of every piece of land. (Time can be
extended twice by 6 months each by Govt.)
 Govt. shall specify the date with reference to present land use and can differ by different areas of
state.
 Land use map should be on scale 1:8000 (1cm = 80 m), not lower than this.
 After preparation, authority publish a notice inviting objections within 30 days. After this time period
it can go for either modification or adoption.

7. • After declaration of Planning area
within 2 years or in given time a plan
(development Plan) to be submitted
through board to Govt. for 20 yrs time
frame.
• Plan should have regard to plans
prepared by local authorities and
matters and common interests,
integrated with infra and environment.
• It should fulfil objectives and priorities
set by GoI and Govt. of Bihar.
5. Preparation, Contents and Approval of the Development Plan
• At least once in 10 years from the date
of approval, authority should revise the
plan after fresh survey and provisions.

8. Contents of Regional development Plan
• Development plan shall have one or more than one Regional Development Plan. And shall propose or
provide for matters such as demarcation of different areas such as agriculture, forestry etc.
• Reservation of land for recreational activity like garden, zoo, forest etc and preservation of objects of
features of historical, natural important.
• Provision for improvement and redevelopment of eco sensitive areas.
• Anticipated growth of rural as well as urban area, shifting of population etc.
Contents of Zonal development Plan
• Division of zones based on requirement of urban or rural area and necessity for land use and building
control and regulation.
• Establishment of new towns, satellite towns, housing schemes and residential, commercial, industrial,
institutional centres.
• Need for growth centres and nodes and proposal of urban agriculture or peri-urban areas.
• It is prepared after delineation of development zone and authority decides priority of different zones for
making zonal development plan.
• It may contain a site plan and land use plan, approx. locations and extents of land use proposed.
• Restrictions and prohibition regarding different land use and construction (i.e. shop, factory etc.), height or
character of building.

9. Contents of Town development Plan
• After designation of any site for a Town Development Plan, authority shall prepare and submit through
Board.
• Content of this plan may propose or provide the manner of land use in area. Reservation of land for
residential, commercial, industrial or public building/amenities or any purpose.
• Provision for improvement of bad layout areas, slums and road infra.
6. Control of Development and Use of Land
After coming into operation of Master Plan—
• no person shall use /permit to be used any land
• carry development otherwise than in conformity with such Master Plan :
• PA may allow continuance of use of land, up to ten year, on terms and conditions provided by regulations
After operation of Master Plan no development / change of use of, any land undertaken / carried out, in that
area -
• without obtaining permission in writing
• without obtaining certificate from PA -- certifying that development charge/ betterment charge as leviable has
been paid.
no such permission shall be necessary
• for operational constructions
• carrying out maintenance, improvement affecting only interior / do not materially affect the external
appearance building
• works by Central/State Government or any local authority

10. • Permission valid for 2 years extendable for a further period of 3 years
Grant of Permission
• To carry out development in conformity with the Development Plan, he(or body excluding Central or State
Dept.) shall make application in writing to PA as per Form – C.
• The PA shall pass order within 30 days, granting permission unconditionally or conditionally or refuse.
• After lapse of permission period land shall be restored to previous condition.
• For carrying out any development other than operational by Central or State govt. or local authority should
notify the PA in writing.
Penalty for Unauthorized Development
• In contravention of any plan, without necessary permission, after revocation of permission or differing from
permission granted.
• Punishable with Simple imprisonment of 6 months or a fine up to 1 Lac rupees or both, and in case of
continuation further with Rs.1000/ per day.
• After continuation of use without allow, punished with simple imprisonment up to 6 months or fine up to
Rs.50,000/ or both and in case of continuation Rs.5000/ day.

11. 7. Area Development Scheme
• Shall invite Area Development Scheme from eligible contractors within 6 months after approval of
Development Plan.
• Eligible developers include individual/partnership firm or body of individuals including registered societies
and trusts, incorporated under Companies Act 1956 and Govt. undertaking Agencies and minimum area
not less than 10 Ha.
• Eligible developer submit DPR of the scheme, consent of 80% of land owner and 80% of plot area as
registered documents in favour of development.
Scope and Contents
• Scheme may be taken in accordance with provisions of this act
• May make provisions for ownership & tenure of all plots, laying out or relaying out of land, levelling up of
land, layout, construction or maintenance or relocation of various infrastructures.
• For various infrastructure development, some land shall be reserved like 15% or more for roads, >5% for
recreational, >5% for social and public infrastructure. (Excluding Govt. of Public lands).
• Every land owner shall get atleast 10% of his land area in the scheme (Landowner to be Permanent
Stakeholder).
Approval
• After examination PA approve the same with/without modification within 1 month.
• It should contain area, ownership and tenure of each plot and details of all proposed infrastructures.
o If PA fails to male scheme within 3 months from date of direction the Govt. may direct TCPO to make and
publish the same.
o Govt. can suspend rule/by-laws/regulations if needed for carrying out the scheme.

12. 8. Levy, Assessment and Recovery of Development Charges
o If developer fails to complete within the period, PA can extend the period or appoint other agencies.
o Permission of change of use or development of any land/building is capable of yielding a better income to
the owner, the authority may levy a development charge. Different rates can be charged for different uses
(residential, commercial etc.) or area.
o Rate shall be determined, for land as per Ha and for building as per Sq. M.
o The Local Authority and PA is responsible for levy development charges, with prior approval of the Govt.
and Govt. can exempt from levy of development charges on any development.
o Local Authority or PA can levy charges on infrastructure and amenities at determined rates and can revise
it time to time and it can vary in different parts of planning area.
o Person aggrieved by any order passed by PA, within 2 months from communication date can appeal to the
Tribunal against it.
o Tribunal can confirm, reduce, enhance or annul or pass other fitting orders.
9. Acquisition and Disposal of Land
o Any land required, reserved or designated in any plan and scheme shall be deemed to be land needed for
public purpose according to Land Acquisition Act 1894.
o Acquired land by Govt., may transfer to PA or Local Authority for development.
o PA may enter into agreement with any person for their land if needed and settle it. Acquisition can also be
done by way of according Transferable Development Rights in lieu of compensation payable by DA.
o Respective PA is responsible for creation, maintenance and monitoring of land bank.

13. Urban Arts and Heritage Commission
• Govt. may constitute an Arts and Heritage Commission for state called “The Bihar Urban Arts and Heritage
Commission”, which shall consist of a chairperson and other members representing urban planning, visual
arts, architecture, Indian history or archaeology, tourism & environmental science.
• It shall recommend govt to restore, conserve urban design and environment and heritage & historical sites,
scenic beauty sites and buildings in planning area.
• Govt. may give opportunity to respective authority concerned to make presentation, issues and direction to
Planning authority that they think may fit and comply with that direction.
• Govt. can enforce a specified colour and design scheme of the buildings in a particular area of locality.
• Anything contained in Any acts, rules, regulations or by laws shall be binding on Planning authority, local
authority and owner of building.
Tribunal
Constitution
• A chairman and two other members.
• Chairman shall be a District Judge of appointed by Govt.
• Members should have knowledge in town planning, civil, architecture, administrative or legal matters.
• The Tribunal having same power as are vested in Civil Court under Civil Procedure Code 1908.
• It is constituted by Govt. for hearing appeal against the orders of a Planning Authority, under the act and
beyond the jurisdiction of Civil Court.

18. References & Source:-
Bihar Urban Planning and Development Act 2012