(1) This Act may be called the Bihar Regional Development Authority Act, 19111.
(2) It shall come into force on such dale and in such areas as the State Government may, by notification in the official Gazette, appoint.
Comments and case-law [Comments.-The Bihar Regional Development Authority Ordinance, 1974 (no.175 of 1974) was prornulqated on 19-9-1974. By successive ordinances ii was kept alive and finall; converted into ihe present Ac1 of 1982. The list of Or dinances after 175 of 1974 is as follows:
33 of 1975; 92 of 1975; 126 of 1975; 128 or 1975; 59 of 1976; ·129 of 1976:
187 of 1976; 40 of 1977· 98 of 1977; 162 ot 1977: 207 of 1877; 255 of HJ77: 3.3 of 1978, 98 of 1978; 38 of 1979; 86 of 1979: 113 of 1979; 2 of ·1980; 95 of "1980:
116 of 1980; 10 of 1981; 120 of i981; 191 of 193-1 and Act 40 oi 1982.
The Act is not the replica of its predecessor ordinances, rather soma changes in some sections were introduced while converting it into an Act.
A significant controversy seems to be there in the assignment of 'year' to this Act. While the heading carries the year '1974: in section 1 (1) year '1981' has been assigned.
The text ot this P.c1 (40 of ·1982) was published in the Bihar Gazette .only in HindL However, tho 1 ,ublishing of substantial portion of the Act in English in this Book could be ·ren0~red possible by comparing the text of the Act in Hindi with the text .m Hindi of earlier Ordinances and taking the English text of the Ordinances (the Ordina ces appeared in both English and Hindi) where the two Hindi texts taliied exactly 01 where very minor translation was involved.
Tho purpose of ih" Ac! is. to plan the town anti thus to keep industrial ar eas away from the residential or commercial areas. Swastik Rubber Products l.td. 11.. Municipst Corp, stion, AIR 1981 SC 2022.
A statute providing remedy of appeal only against some decisions of the Town Planning Officer, cannot be held to be discriminative for that reason Pralmsh Amichend Shah vs. State of Gujrat, AIR 1986 SC 468: ("1986) sec
581.
The scope and authority or a precedent should never be expanded unnec essarily beyo ,d the needs of a given situation. ibid.
The eitc;ct ot non-performance of G dutv imposed by a statute in the man ner prescrioed by the statute is not discovered by a simple answer to the ques tion wheiher he provision is mandatory or directory. BX. Srinivasan vs. State ot :;arnataka, (HJ87} I sec 658.
Where two or more laws operate in the same field each containing a non oostente clause stating that its provisions will override those of any o her law, the conuict has to be decided with reference to tt,e object and purpose or the :aw.cs. Where the newly enacted Act, is made nugatory on account ot the orovi sons of the earlier Act, the newly introduced Act will provaii. Md. Yunus vs. Bibi Phenlcani, 1987 PLJR 65:1986 BBCJ 736.
Iho restrictions contained in this Act with rsqard to erection of buildings are mandatory in character. A complete embargo is 'put on the authorities to grant sanction except in accordance with the "Master Plan". Doman Paswan vs. State of 9ihar, 1983 PUR 968. . . .
Laws imposing taxes can amount lo restrictions on trade, commerce and hi tar-State ;ntercqurse, if their imposition hampers the free flow o: trade and these are not what cart be termed lo be compensatory taxes or regulatory measure.
West BP.ngal Hosiery Association vs. State of Bihar, 1988 PLJR (SC) 96.
A proviso should not provide beyond the field covered by the substantive provision. t, the proviso does so, if must be read down. State of Punjab vs.
r-<ailash Nmh, {1989) i sec .321.
Provisions of Bihar Land Ceiling Ad are also applicable lo agricuaural land, situate within limits of a Municipality or a Notified Are2. CommiHee. Ram Chandra Singh vs. Sub-Divisionn! -Otticer, ·1989 PLJR. ·i 03.
Blacltlisting .any person 'ln respect of business ventures has civil conse quence for the future business ot 1he person concerned in any event. Even if the rules do not express. so, it is an elementary principle. o~ natural justice that µ:~rties adversely affected by any order should have the right of being heard and making representation against the order relating to blacklisting, Raghunath Thakw v. .srate of Blher, {1989) 1 sec 229. also see Erusian Equipment end Chemicals Ltd. vs. State of WB., (1975) I 'sec 70. · ?avemen'1 stalls creating conqestion and inconvenience can be removed fol ;owing procedure prescribed by law. Municipal authorities have no !egal obliga tion to pro~ide the pavement squatters alternative shops for their rehabilitation.
Munic1;oal Corporation of Delhi vs. Gumam Kaur (1989) I sec ·101.
The issuance ot the draft notification proposing to P.;cch2de certain areas from the territorial limits of the Municipal Corporation or Authority cannot eifeci the exclusion of those areas.' The issue. oi final notification to that effect is nec essary te bring abou; their exclusion. Services Housing co-operative Society Ltd.
VR. State of Bihar, i99'j ('i) PUR 2i. .
If the procedure laid down in the Ad, laying down the mode of giving no tice to the owner or occupier of the building· to [umish certain particulars of the building are not followed by the concerned Au1ho,iiy, ths .suosequent proceedinqs may be held to have become vitiated . Services Housing Co-operative Society Ltd. vs. Stale of Blhsr, '1990 (2) PLJR 832 (FB) . • Bihar Regional Development Auihority Act, 1974 ,., l ~ J • If ·thP.re is a bonafide dispute 'regnrdirig the. tills of tno State Govcmmen, ·any property, the State Government r .. ~not tako an unilateral decision in its o favour that the disputed ,;xoper!y belongs to it. Suah a dispute must be w::fj~1 cated upon by the ordinary course of law. Sm!' Hekhe Singh vs. State of eih . ·1992 (2) PLJR 854.
A _doclar i:on o1 law ,is binding on all concerned whether a person ts pa to that proceec ing or not. Bihar Chamber or Testing Stations vs. Steto of Biil 1993 {1) PLJ 164.
A legislative Act will not be held to be uli,a vires for want ol' valid expm guidance given in that regard, if there are any inbuilt safeguards therelor in i Act itself. Builders Association ot India vs. State of Bihar, 1992 ("I) PLJR I {~ Practice adopted ;n the past cannot override Zhe statute and staiutory re<.:
tations. B.RS.T.E.vs. State of Biner, 1993 (1) PLJR 352.
Courts must endeavour to harmonise different provisions of Hie same ,c and where two interpretations arc equally possible, prefer an intcrpretaiion whi will leaO: to i1mmonious construction rather than one that will result 1:~ incense ency o- make , provision. redundant. Mosst. Pomlo vs. Hirata/ IV/ahto, · 982 :
PLJP 858.
There is urgent need for taking effective steps tor ensuring prevention descretion or damage to monuments of historical and archaeoloqlca' importarc Courts are competent to give directions for shiting industrial units for effeciuati1 this purpose. Surondra Kumar Singh vs. State of Bihar, i 99·1 {2) PLJR ""i·1 iS( Authorities are bound by the procedures laid down by them. Unless !"le pr cedure laid cown is, complied· with the order passed :n violation thoreo: would I subject to judicial review. Rajdeo Pissed vs. State of Bihar, 1990 (2) PLJR 20 A Corporation may be "State" within the meaning of Article 12 of ,he Co stitution being an instrumentality of State, but an agreement entered into I such Corporation cannot be termed as an aqreoment ·by .the State so as to < tract Article 29!) ot the Constitution. Usha Breece Ltd. vs. State or Bihw; 191
(1) PLJ1 183 Auction Purchaser of land or building through open auction bid -csnnot :
equated with allortes under Hire Purchase Scheme of the State GovemMer( any Housing Authority. Rajendra Prssed. Singh vs. State, "i 993 (t J PLJR 36i The Act 'las been enacted to provide for the development of various r gions of the State of Bihar. By reason .of the regulatory measures provided the Act and iis Bye-Laws, .the right of an individual to ul~ise his privaiely owrn land in 'any manner he may choose has been ·sornewt~t rsstricted, Uma Sh.va Parivar Trust v:: State of 81har. 1990 (t) PLJR 503.
Development Authority may adopt the mode oS draw of lots jor makinq , lotme·1t of plots of land to applicants, where number of applicants is much mo than the available number of plots of land or housing units. Whern such allc ments are mac" from time to time continuously, there is nothinq unfair in 11· Authority asking to· payment at the rate prevailing at the lime or altotrnent, wi option to the .., llottee to accept or decline the offer. ODA vs. PK. Jeir; 19f Supp. (3). sec 494. .
A Statutorv Authority has no power to review an order, unless the ;:iower review has been conferred upon i1 expressly or by necessary implicalion. HO\ ever all Statu1o. '·' .,..ribunals have. power or procedural review. Bigna Ram vs. Sta nf Rih~r "'~% l1' PLJR 502.
Bir1ar Regional Developrnent Authority Act. 1974 Sec: 1 ] · · ..
{ j ) {('lq,
(ii) ~~-q-~ (ii,) <t~l<.I~,
(iv) D.6tGct·l (~ ..:~PIT~).
( V) tcc•IS .il1l 3l("{' (?ell$ ~, (VI) fq'l\tf ~ -~ ~:l~ ·fus,
(e) Tha Principle of natural justice as a part of procedural law has ocen c1p piied and extended to quasi-judicial proceedings and administrative matters to ensure that no one is adversely affected without reasonable opportunity and fair :,eating. No order can be passed without hearing a person lf it entails civil con sequences, UP. Aw.;,s Eva.m Vikash 03rishad v!:. Gyan Devi, (1995) 2 sec 326.
fliialafide.-A plea of malatide must be clearly alleged· and stnctly proved.
A- finding of rnalatido cannot be. recorded on vague allegations unsupported by cogent materials. R. B.A.G G.f I.C.S. ltd vs Steto of Biher, 1995 (1) PLJR
164.
Legitimate Expcctation.c,-..Fair procedure and just treatment ir, the core. of !r.dian Jurisprudence. The principle ot 'legitimate expectations' applies where a person having no enforceable rights is ynt affected or is likely to be afrncted by order passed by Public Authority, U.P. Awas Evam vikest: Perisned vs. Gyen D,9vt; ("1995) 2 sec 326.
Taxing Statutes.-Ta)(ing Statutes are lo be strictly construed. If the subject rnal' er of tax does not fall within the plain language of the taxinq provision, no ax an be imposed. Puri Munfcipa( Council vs. Indian Tobacco Co. l.td., (i996) 1 sec 293.J
2. Ud'ini~ions.-ln this Act unless the context otherwise requircs:-
(a) 'amenity' includes road, water-supply, street lighting, drainage, sew erage, public works, housing, play-fields, parke, educational; com munity rind recreational facilities and such other convenience as the s;nte Government may, by notification in the official Gazette.
sp0cifv 10 be an amenity for the purposes of !his Act;
(b) 'Authority' means the Flegionnl Development Authoritv constituted under section 3 of the Act;
(c) 'buildinr!' includes any structure or part of a structure which rs in tended to be used for residential. industrial, commercial or other purposes whether in actual use or not, and compound wall or fenc ing thereof;
(d) 'bi, lding operation includes erection or re-erection or a building, or anv part thereof, roofing or re-roofing of any part of a· building, or or any open space, any material <literation or enlarqernent of a buudinq, any such alteration 01 a building as rs likely to affect an alteration of its drainages or sanitary arrangements or materially af feet its security, or the construction of a door openinq on any street or lr:nd not belonging to the owner. .
,, ·· ~··, ~~~4 ~...........;i, -- -, ~ f' r .,.,. '·.;\IC"I•• -;.Cf1-;011u1 ~ "'11~14'! ti <.l-1~1<-:1 <TI' '<"'1!<•;1 \.f'ffl' <.'>I~ fl -ICt 01 .ii '1i->1f\"if.tirn ~~·an~ ~w-, 31~~. ~ ~ ·~ ~~ ~~:.;sit- [ Sec. ? Bihar Regional Development Authority Act, 1911 ,~ ]
(vii)~ ~~I ~ mrr f:rfl ~ ~ ~ w:r -q' it~ ~ ~Ii ~. ~;u~, f~ -.;ir ~ ~~<h" "1r<.1'1 ~ ~ ~:rii' · a:i-mli-6f'1f <fi" ajt~ '3«n ~ q;- ~rJ 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;
· (11) '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 sec tions 17 and -1 a;
(!<) 'Khas Mahal land' means land vested in 1he State of B1har;
( 1) ''I.~' w: ·?i ~ *· ;,m- ~m ~ m~ ~ 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 Re gional 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:
Bihar Reqional Development Authority Act. 1974 Sec. 2 ] • 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 (Ex oiticio}:
· ( 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 ~ 1 ~ *( ~ ~,:;yr "lf.Tff, "-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 experi ence 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 Re gior:ai DevelopmentArea nominated by the State Govemment;
(u) 'Zonal Development Plan' means the plans prepared t.y the Author ity 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.]
[ Sec. 3 Bihar Regional Dovelopmont Au!hority Act, 197'1 G •
(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);
0) 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).
(4) The Vice Chairman shall be a whole-time Government servant
(5) 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.
(6) 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.
(7) 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.
(8) 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.
(9) 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 Chair man, 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 Develop . men! .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., n-c," ,omhn.rfiorl ;n 1\,-\l'i...-.lc t:,·~ n ,-...f ·~h'"" r> r-v ....,r-~;:.,.
Bilcar Regional Development Authority ~.ct, 1974 Sec. 3 ] .tl~u·,~tir,n ir .-. ..... , ........ ...J .... r-4 - •• · •
(2) 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, re move any member from office-
(a) i, he has. withoui the permission of tne /\ui horit y. boon absent fio, n more 'han three consecutive meetings of the Authority, or (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 provi siorr of section JO. or
(d) if he in Hie opinion of ihe Government. had become physically or memally unable to act as a member :
Provided thai when the Government proposes to take action under sub-soc tier: {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- ,. ..
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 appli cable , 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, unguided, uncanalised and unbridled newer on the Slc1te Govern r,;:.,.,nt. 1i1id. · J r. 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. the .A.ui11oritJ1 : or
(e) it, of unsound mind.
f Secs 4-S Bih"'r Re11ional Development Authority Act 1974 8 j 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 bP appointed by the State Government; who shall exercise such powers and per form such duties as may be prescribed by regulcJtions or delegated· to them by the Authority, or the Chairman.
(2) The Authority may, subject to such control and restriction as may be prescribed by rules approved by Government appoint such number of other ofi'ic ers and employees {including experts for technical work such as Economic Plan ner. Transportation Planner, Health and Education Planner, Data Information Sys tem Planner) as may. be necessary for the efficient performance ot its functions and may determine their designation and grades.,
(3) 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 al lowances 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.
(4) 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 thou sand 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 cli rect 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).
Section 6 (3) of the Act only empowers tho Authority to .appoint the Sacre-
(2) 1-, member removed under the foregoing provision sh:.ill not he eligihk.i fc re-election or re-: nomination 3ihai- Regional Development Authority Act, 1974 -Sec. 6 ] "SO is onli a breathi!lg elbow power given to the Authority to make temporary r.1,::r90:nlment so that the work of the Development Authority qoes on pending re cruiitnent Santosh Kumsr Verma vs. Slate of 81har, 1997 (2) PLJR, 9,(SC)