Power to make rules

Section 56 of the Delhi Development Act, 1957 deals with power to make rules. The Central Government, after consultation with the Authority, may by notification in the Official Gazette, make rules to carry out the purposes of this Act: Provided that consultation with the Authority shall not be necessary on the first occasion of the making of rules under this section, but the The Act came into force on 30 Dec 1957.

(1) The Central Government, after consultation with the Authority, may by notification in the Official Gazette, make rules to carry out the purposes of this Act:

Provided that consultation with the Authority shall not be necessary on the first occasion of the making of rules under this section, but the Central Government shall take into consideration any suggestions which the Authority may make in relation to the amendment of such rules after they are made.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--

(a) the manner of election of representatives of the Municipal Corporation of Delhi under clause (e) of sub-section (3) of section 3;

(b) the qualifications and disqualifications for being chosen as, and for being, members of the Authority or the Advisory Council;

(c) the salaries, allowances and conditions of service of the whole-time paid members of the Authority;

¹[(cc) travelling and other allowances of the members of the Advisory Council except those of the ex officio member and such other members as are Government servants;]

(d) the control and restrictions in relation to appointment of officers and other employees;

²[(dd) the stages by which the development of any particular features of a zone may be carried out;]

(e) the form and content of the master plan and a zonal development plan and the procedure to be followed in connection with the preparation, submission and approval of such plans and the form, and the manner of publication, of the notice relating to any such plan in draft;

(f) the local inquiries and other hearings that may be held before a plan is approved;

³[(g) the form and manner in which notice under sub-section (3) of section 11A shall be published;]

(h) the fee to be paid on an application for permission under sub-section (1) of section 13 and the factors and circumstances to be taken into consideration in determining such fee;

⁴* * * * *

(j) the manner in which nazul lands shall be dealt with after development;

⁵[(jj) the procedure to be observed by the ⁶[ Lieutenant Governor] under section 30 or section 31;

(jjj) the factors to be taken into consideration in determining the rate of betterment charge in respect of property situate in any area outside the development area;]

⁷[(ja) the manner in which the sealing of any development under sub-section (1) of section 31A shall be made;

(jb) the form in which an appeal shall be made to the Appellate Tribunal under sub-section (3) of section 31C and the fees that shall accompany such appeal;]

(k) the procedure for referring any matter to the Central Government under section 36 for settlement of terms and conditions subject to which a local authority may be required to assume responsibility for amenities in any area;

(l) the procedure to be followed by arbitrators in the determination of betterment charge;

(m) the sum of money that may be kept in current account;

⁵[(mm) the procedure to be followed for borrowing moneys by way of loans or debentures and their repayment;]

(n) the form of the budget of the Authority and the manner of preparing the same;

(o) the form of the balance-sheet and statement of accounts;

(p) the form of the annual report and the date on or before which it shall be submitted to the Central Government;

(q) the manner of constitution of the pension and provident funds for whole-time paid members and officers and other employees of the Authority and the conditions subject to which such funds may be constituted;

(r) any other matter which has to be, or may be, prescribed by rules.

Section 56, The Delhi Development Act, 1957 (Act 61 of 1957).