Rule, 1959

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

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DELHI DEVELOPMENT

AUTHORITY (PROCEDURE FOR

REFERENCE TO THE CENTRAL

GOVERNMENT) RULES, 1960

r .f 'r In exercise of the powers conferred by sub-section(]) of section 56 of the Delhi Development Act, 1957 (61 of 1957), read with clause (k) of sub-section

(2) of that section, the Central Government hereby makes the following rules, namely:-

1. Short title ' These rules may be called the Delhi Development (Proccd ure for Reference { to the Central Government) Rules, 1960.

1 2. Definitions In these rules, unless the context other,vise requires,-

(a) 'Act' means the Delhi Development Act, 1957 (61 of 1957);

(b) 'Authority' means the Delhi Development Authority constituted under section 3 of the Act.

Procedure to be followec f in making reference to the Central Government under section 36 of the Act

(1) Before making any reference to the Central Government under section 36 of the Act in respect of any area, the Authority shall, in respect of that area, prepare a statement which shall contain inforn1ation on the follo"'·ing matters,

(a) description of the area ,vith boundaries and gross area;

(b) object of development;

(c) description and specifications of the amenities provided by the Authority;

(d) expenditure incurred by the Authority on such amenities (to be given separately for each amenity);

(e) date of completion of the amenities mentioned in item (d) above;

(f) description and specifications, if any of the amenities not provided by the Authority along with the reasons for not providing such an1enities but y . .,hich in its opinion should he provided in the area by the local authority;

(g) terms and conditions on \vhich the local authority niay be required to assume responsibility for the maintenance of the amenities provided by the Authority and for the provision of the amenities 156 DDA (PROCEDURE FOR REFERENCE TO CENT. GOVT.) RULES, 1960 which have not been provided by the Authority by which in its opinion should be provided in the area.

(2) The Authority shall cause the statement referred to in sub-rule(]) to be sent to the loc,11 authority within whose local limits the area is situated, and sh,11!, by a nolil"'L' c.1\l upon such authority to asstune responsibility for the 1n,1intcn;,.ncc of tl1l· .1111e11ilil'� provided by the Authority and for the provision , ,.vh1ch in its opinion, should be provided by the local ,,uthority in the area 011 tl1e terms ,1nd conditions specified in the said statement.

(3) The said local authonly shall, within ninety days of the receipt of the notice referred to in sub-rnlc (2) or such further period as may be allowed by the Authority in this bchall. communicate to the Authority its acceptance of the responsibility for the n1;iintenancc and provisions of amenities or its refusal

(4) The Authority shall consider the reply, if any, of the local authority and n1,1ke such il'todifications, if any, in the terms and conditions as the Authority

(5) If there is no agreement between the Authority and the local authority in respect of any terms and conditions, the Authority shall refer the matter to the Central Government.

(6) Every reference to the Central Government under sub-rule (5) shall be

(a) a copv of statement referred to in sub-rule (1) an('[ of the notice referred to in sub-rule (2);

(b) pl,ms and engineering estimates of the cost of the development of the c1rea;

(c) the reply of the local authority received under sub-rule (3);

(d) statement of the modifications, if any, made under sub-rule (4); and

(c) the statement of the terms and conditions in respect of which there is difference between the Authority and the local authority.

Provisions this rule answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Delhi Development Act, 1957