The Delhi Development Authority (Procedure For Reference To The Central Government) Rules, 1960
Published vide G.S.R. 142, dated 6th February, 1959, published in the Gazette of India, Pt. II, Sec. 3 (i), dated 6th February, 1959
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In exercise of the powers conferred by sub-section (1) 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 (Procedure for Reference to the Central Government) Rules, 1960. 2. Definitions. - In these rules, unless the context otherwise 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.
3. Procedure to be followed 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 information on the following matters, namely: (a) description of the area with 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 amenities but which in its opinion should be provided in the area by the local Authority;
(g) terms and conditions on which the local authority may be required to assume responsibility for the maintenance of the amenities provided by the Authority and for the provision of the amenities 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 (1) to be sent to the local authority within whose local limits the area is situated, and shall, by a notice call upon such authority to assume responsibility for the maintenance of the amenities provided by the Authority and for the provision of further amenities if any, which in its opinion, should be provided by the local authority in the area on the terms and conditions specified in the said statement. (3) The said local authority shall, within ninety days of the receipt of the notice referred to in sub-rule (2) or such further period as may be allowed by the Authority in this behalf, communicate to the Authority its acceptance of the responsibility for the maintenance and provisions of amenities or its refusal with reasons therefor. (4) The Authority shall consider the reply, if any, of the local authority and make such modifications, if any, in the terms and conditions as the Authority may consider necessary. (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 accompanied by - (a) a copy of statement referred to in sub-rule (1) and of the notice referred to in sub-rule (2);
(b) plans and engineering estimates of the cost of the development of the area;
(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
(e) the statement of the terms and conditions in respect of which there is difference between the Authority and the local authority.