Delhi Development Act, 1957 Complete Act - Bare Act

27th December, 1957

An Act to provide for the development of Delhi according to plan and for matters ancillary thereto. Be it enacted by Parliament in the Eighth Year of the Republic of India as follows:

(1) This Act may be called the Delhi Development Act, 1957.

(2) It extends to the whole of the Union territory of Delhi

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint

(a) "amenity" includes road, water supply, street lighting, drainage, sewerage, public works and such other convenience as the Central Government may, by notification in the Official Gazette, specify to be an amenity for the purposes of this Act;

(b) "building" includes any structure or erection or part of a structure or erection which is intended to be used for residential, industrial, commercial or other purposes, whether in actual use or not;

(c) "building operations" includes rebuilding operations, structural alterations of or additions to buildings and other operations normally undertaken in connection with the construction of buildings;

(d) "development" with its grammatical variations means the carrying out of buildings, engineering, mining or other operations in, or, over or under land or the making of any material change in any building or land and includes redevelopment;

(e) "development area" means any area declared to be a development area under sub-section (7) of section 12;

(f) "engineering operations" includes the formation or laying out of means of access to a road or the laying out of means of water supply;

(g) "means of access" includes any means of access whether private or public, for vehicles or for foot passengers, and includes a road;

(h) "regulation" means a regulation made under this Act by the Delhi Development Authority constituted under section. 3;

(i) "rule" means a rule made under this Act by the Central Government;

(j) "to erect" in relation to any building includes

(i) any material alteration or enlargement of any building,

(ii) the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation,

(iii) the conversion into more than one place for human habitation of a building originally constructed as one such place,

(iv) the conversion of two or more places of human habitation into a greater number of such places,

(v) such alterations of a building as affect an alteration of its drainage or sanitary arrangements, or materially affect its security,

(vi) the addition of any rooms, buildings, houses or other structures to any building, and

(vii')the construction in a wall adjoining any street or land not belonging to the owner of the wall, of a door opening on to such street or land;

(k) "zone" means any one of the divisions in which Delhi may be divided for the purposes of development under this Act; and

(l) the expression "land" shall have the meaning assigned to it in section 3 of the Land Acquisition Act, 1894.

(1) As soon as may be after the commencement of this Act, the Central Government shall, by notification in the Official Gazette, constitute for the purposes of this Act an authority to be called the Delhi Development Authority (hereinafter referred to as the Authority).

(2) The Authority shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable and to contract and shall by the said name sue and be sued.

(3) The Authority shall consist of the following members, namely:

(a) a Chairman who shall be the Administrator of the Union territory of Delhi, ex officio;

(b) a Vice-chairman to be appointed by the Central Government;

(c) a finance and accounts member to be appointed by the Central Government;

(d) an engineer member to be appointed by the Central Government;

(e) as and when the Municipal Corporation of Delhi is established, two representatives of that Corporation to be elected by the councillors and aldermen of the Corporation from among themselves;

11. Subs, by Act 56 of 1963, S.4, for certain words.

(f) as and when the Metropolitan Council lor the Union territory of Delhi is constituted, three representatives of that Council to be elected by the members of the Council from among themselves, and until that Council is constituted, three representatives of the Interim Metropolitan Council to be elected by the members of the Interim Metropolitan Council from among themselves;]

22. Subs, by Act 38 of 1984, s. 2, for cl. (e) (w.e.f. 15-3-1985).

[(g) three other persons to be nominated by the Central Government, of whom one shall be a person with experience of town planning or architecture; and]

(A) the Commissioner of the Municipal Corporation of Delhi, ex- officio.

[(3A) The appointment of the vice-chairman may be either whole-time or part- time as the Central Government may think fit but the appointment of the finance and accounts member and the engineer member shall be whole-time.]

[(4) The Vice-chairman, if he is a whole-time member, the finance and accounts member and the engineer member shall be entitled to receive from the funds of the Authority such salaries and such allowances, if any, and governed by such conditions of service as may be determined by rules made in this behalf.

(5) The Vice-chairman, if he is a part-time member, and other members specified in clause (e), clause (f) and clause (g) of sub-section (3) may be paid from the funds of the Authority such allowances, if any, as may be fixed by the Central Government in this behalf.]

(6) The Vice-chairman, the finance and accounts member, the engineer member and the [three members] referred to in clause (g) of sub-section (3) shall hold office during the pleasure of the Central Government....

[(7) An elected member shall hold office for a term of five years from the date of his election to the Authority and shall be eligible for re-election: Provided that such term shall come to an end as soon as the member ceases to be a member of the body from which he was elected.]

(8) A member other than an ex-officio member may resign his office by writing under his hand addressed to the Central Government but shall continue in office until his resignation is accepted by that Government

(9) No act or proceedings of the Authority shall be invalid by reason of the existence of any vacancy in, or defect in the constitution of, the Authority.

(1) The Central Government may appoint two suitable persons respectively as the secretary and the chief accounts officer of the Authority who shall exercise such powers and perform such duties as may be prescribed by regulations or delegated to them by the Authority or the Chairman.

(2) Subject to such control and restrictions as may be prescribed by rules, the Authority may appoint such number of other officers and employees (including experts for technical work) as may be necessary for the efficient performance of its functions

(3) The Secretary, Chief Accounts Officer and other officers and employees of the Authority shall be entitled to receive from the funds of the Authority such salaries and such allowances, if any, and shall be governed by such conditions of service as may be determined by regulations made in this behalf.

(1) The Authority shall, as soon as may be, constitute an advisory council for the purpose of advising the Authority on the preparation of the master plan and 4[on such other matters relating to the planning of development, or] arising out of, or in connection with, the administration of this Act as may be referred to it by the Authority.

(2) The advisory council shall consist of the following members, namely:

(a) the chairman of the Authority, ex-officio, who shall be the president;

(b) two persons with knowledge of town planning or architecture to be nominated by the Central Government;

(c) one representative of the Health Services of Delhi administration to be nominated by the Central Government;

(d) four representatives of the Municipal Corporation of Delhi to be elected by the councillors and aldermen from among themselves;

[(e) two persons representing the Delhi Electric Supply Committee and the Delhi Water Supply and Sewage Disposal Committee of the said Corporation of whom

(i) one shall be elected by the members of the Delhi Electric Supply Committee from among themselves, and

(ii) one shall be elected by the member of the Delhi Water Supply and Sewage Disposal Committee from among themselves;

(ee) one representative of the Delhi Transport Corporation to be nominated by the Central Government;]

(f) three persons to be nominated by the Central Government of whom one shall represent the interests of commerce and industry and one, the interests of labour, in Delhi;

(g) four persons from the technical departments of the Central Government to be nominated by that Government; and

(h) three members of Parliament of whom two shall be members of the House of the People and one shall be a member of the Council of States to be elected respectively by the members of the House of the People and the members of the Council of States.

(3) The Council shall meet as and when necessary and shall have the power to regulate its own procedure.

(4) An elected member shall hold office for a term of four years from the date of his election to the council and shall be eligible for re-election:

Provided that such term shall come to an end as soon as the member ceases to be a member of the body from which he was elected.

(1) The Authority may constitute as many committees consisting wholly of members or wholly of other persons or partly of members and partly of other persons and for such purpose or purposes as it may think fit.

(2) A committee constituted under this section shall meet at such time and place and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be determined by regulations made in this behalf.

(3) The members of a committee (other than the members of the Authority) shall be paid such fees and allowances for attending its meetings and for attending to any other work of the Authority, as may be determined by regulations made in this behalf.]

The objects of the Authority shall be to promote and secure the development of Delhi according to plan and for that purpose the Authority shall have the power to acquire, hold, manage and dispose of land and other property, to carry out building, engineering, mining and other operations, to execute works in connection with supply of water and electricity, disposal of sewage and other services and amenities and generally to do anything necessary or expedient for purposes of such development and for purposes incidental thereto:

Provided that save as provided in this Act, nothing contained in this Act shall be construed as authorising the disregard by the Authority of any law for the time being in force.

(1)The Authority shall, as soon as may be, carry out a civic survey of, and prepare a master plan for, Delhi.

(2) The master plan shall

(a) define the various zones into which Delhi may be divided for the purposes of development and indicate the manner in which the land in each zone is proposed to be used (whether by the carrying out thereon of development or otherwise) and the stages by which any such development shall be carried out; and

(b) serve as a basic pattern of framework within which the zonal development plans of the various zones may be prepared.

[(3) The master plan may provide for any other matter which is necessary for the proper development of Delhi.]

(1) Simultaneously with the preparation of the master plan or as soon as may be thereafter, the Authority shall proceed with the preparation of a zonal development plan for each of the zones into which Delhi may be divided.

(2) A zonal development plan may

(a) contain a site-plan and use-plan for the development of the zone and show the approximate locations and extents of land-uses proposed in the zone for such things as public buildings and other public works and utilities, roads, housing, recreation, industry, business, markets, schools, hospitals and public and private open spaces and other categories of public and private uses;

(b) specify the standards of population density and building density;

(c) show every area in the zone which may, in the opinion of the Authority, be required or declared for development or redevelopment; and

(d) in particular, contain provisions regarding all or any of the following matters, namely:

(i) the division of any site into plots for the erection of buildings;

(ii) the allotment or reservation of land for roads, open spaces, gardens, recreation grounds, schools, markets and other public purposes;

(iii) the development of any area into a township or colony and the restrictions and conditions subject to which such development may be undertaken or carried out;

(iv) the erection of buildings on any site and the restrictions and conditions in regard to the open spaces to be maintained in or around buildings and height and character of buildings;

(v) the alignment of buildings on any site;

(vi) the architectural features of the elevation or frontage of any building to be erected on any site;

(Vii) the number or residential buildings which may be erected on any plot or site;

(viii) the amenities to be provided in relation to any site or buildings on such site whether before or after the erection of buildings and the person or authority by whom or at whose expense such amenities are to be provided;

(ix) the prohibitions or restrictions regarding erection of shops, workshops, warehouses or factories or buildings of a specified architectural feature of buildings designed for particular purposes in the locality;

(x) the maintenance of walls, fences, hedges or any other structural or architectural construction and the height at which they shall be maintained;

(xi) the restrictions regarding the use of any site for purposes other than erection of buildings; and

(xii) any other matter which is necessary for the proper development of the zone or any area thereof according to plan and for preventing buildings being erected haphazardly in such zone or area.

(1) In this section and in sections 10, 11, 12 and 14 the word "plan" means the master plan as well as the zonal development plan for a zone.

(2) Every plan shall, as soon as may be after its preparation, be submitted by the Authority to the Central Government for approval and that Government may either approve the plan without modifications or with such modifications as it may consider necessary or reject the plan with directions to the Authority to prepare a fresh plan according to such directions.

(1) Before preparing any plan finally and submitting it to the Central Government for approval, the Authority shall prepare a plan in draft and publish it by making a copy thereof available for inspection and publishing a notice in such form and manner as may be prescribed by rules made in this behalf inviting objections and suggestions from any person with respect to the draft plan before such date as may be specified in the notice.

(2) The Authority shall also give reasonable opportunities to every local authority within whose local limits any land touched by the plan is situated, to make any representation with respect to the plan.

(3) After considering all objections, suggestions and representations that may have been received by the Authority, the Authority shall finally prepare the plan and submit it to the Central Government for its approval.

(4) Provisions may be made by rules made in this behalf with respect to the form and content of a plan and with respect to the procedure to be followed and any other matter, in connection with the preparation, submission and approval of such plan.

(5) Subject to the foregoing provisions of this section the Central Government may direct the Authority to furnish such information as that Government may require for the purpose of approving any plan submitted to it under this section.

Immediately after a plan has been approved by the Central Government, the Authority shall publish in such manner as may be prescribed by regulations a notice stating that a plan has been approved and naming a place where a copy of the plan may be inspected at all reasonable hours and upon the date of the first publication of the aforesaid notice the plan shall come into operation.

(1) The Authority may make any modifications to the master plan or the zonal development plan as it thinks fit, being modifications which, in its opinion, do not affect important alterations in the character of the plan and which do not relate to the extent of land-users or the standards of population density.

(2) The Central Government may make any modifications to the master plan or the zonal development plan whether such modifications are of the nature specified in sub-section (1) or otherwise.

(3) Before making any modifications to the plan, the Authority or, as the case may be, the Central Government shall publish a notice in such form and manner as may be prescribed by rules made in this behalf inviting objections and suggestions from any person with respect to the proposed modifications before such date as may be specified in the notice and shall consider all objections and suggestions that may be received by the Authority or the Central Government.

(4) Every modification made under the provisions of this section shall be published in such manner as the Authority or the Central Government, as the case may be, may specify and the modifications shall come into operation either on the date of the publication or on such other date as the Authority or the Central Government may fix.

(5) When the Authority makes any modifications to the plan under sub-section (7) it shall report to the Central Government the full particulars of such modifications within thirty days of the date on which such modifications come into operation.

(6) If any question arises whether the modifications proposed to be made by the Authority are modifications which affect important alterations in the character of the plan or whether they relate to the extent of land-uses or the standards of population density, it shall be referred to the Central Government whose decision thereon shall be final.

(7) Any reference in any other Chapter, except Chapter III, to the master plan or the zonal development plan shall be construed as a reference to the master plan or the zonal development plan as modified under the provisions of this section.]

(1) As soon as may be after the commencement of this Act, the Central Government may, by notification in the Official Gazette, declare any area in Delhi to be a development area for the purposes of this Act:

Provided that no such declaration shall be made unless a proposal for such declaration has been referred by the Central Government to the Authority and the Municipal Corporation of Delhi for expressing their views thereon within thirty days from the date of the receipt of the reference or within such further period as the Central Government may allow and the period so specified or allowed has expired.]

(2) Save as otherwise provided in this Act, the Authority shall not undertake or carry out any development of land in any area which is not a development area.

(3) After the commencement of this Act no development of land shall be under taken or carried out in any area by any person or body (including a department of Government) unless,

(i) where that area is a development area, permission for such development has been obtained in writing from the Authority in accordance with the provisions of this Act,

(ii) where that area is an area other than a development area, approval of, or sanction for, such development has been obtained in writing from the local authority concerned or any officer or authority thereof empowered or authorised in this behalf, in accordance with the provisions made by or under the law governing such authority or until such provisions have been made, in accordance with the provisions of the regulations relating to the grant of permission for development made under the Delhi (Control of Building Operations) Act, 1955 (53 of 1955) and in force immediately before the commencement of this Act:

Provided that the local authority concerned may subject to the provisions of section 53A amend those regulations in their application to such area.

(4) After the coming into operation of any of the plans in any area no development shall be undertaken or carried out in that area unless such development is also in accordance with such plans.

(5) Notwithstanding anything contained in sub-sections (3) and (4) development, of any land begun by any department of Government or any local authority before the commencement of this Act may be completed by that department or local authority without compliance with the requirements of those sub-sections.

(1) Every person or body (including a department of Government) desiring to obtain the permission referred to in section 12 shall make an application in writing to the Authority in such form and containing such particulars in respect of the development to which the application relates as may be prescribed by regulations.

(2) Every application under sub-section (1) shall be accompanied by such fee as may be prescribed by rules: Provided that no such fee shall be necessary in the case of an application made by a department of the Government.

(3) On the receipt of an application for permission under sub-section (7), the Authority after making such inquiry as it considers necessry in relation to any matter specified in clause (d) of sub-section (2) of section 8 or in relation to any other matter, shall, by order in writing, either grant the permission, subject to such conditions, if any, as may be specified in the order or refuse to grant such permission: Provided that before making an order refusing such permission, the applicant shall be given a reasonable opportunity to show cause why the permission should not be refused.

(4) Where permission is refused, the grounds of such refusal shall be recorded in writing and communicated to the applicant in the manner prescribed by regulations.

(5) The Authority shall keep in such form as may be prescribed by regulations a register of applications for permission under this section.

(6) The said register shall contain such particulars including information as to the manner in which applications for permission have been dealt with as may be prescribed by regulations and shall be available for inspection by any member of the public at all reasonable hours on payment of such fee not exceeding rupees five as may be prescribed by regulations.

(7) Where permission is refused under this section, the applicant or any person claiming through him shall not be entitled to get refund of the fee paid on the application for permission but the Authority may, on an application for refund being made within three months of the communication of the grounds of the refusal under sub- section (4), direct refund of such portion of the fee as to it may seem proper in the circumstances of the case.

After the coming into operation of any of the plans in a zone no person shall use or permit to be used any land or building in that zone otherwise than in conformity with such plan:

Provided that it shall be lawful to continue to use upon such terms and conditions as may be prescribed by regulations made in this behalf any land or building for the purpose and to the extent for and to which it is being used upon the date on which such plan comes into force.

(1) If in the opinion of the Central Government, any land is required for the purpose of development, or for any other purpose, under this Act, the Central Government may acquire such land under the provisions of the Land Acquisition Act, 1894 (1 of 1894).

(2) Where any land has been acquired by the Central Government, that Government may, after it has taken possession of the land, transfer the land to the Authority or any local authority for the purpose for which the land has been acquired on payment by the Authority or the local authority of the compensation awarded under that Act and of the charges incurred by the Government in connection with the acquisition.]

Rep. by the Delhi Development (Amendment) Act, 1963 (56 of 1963), s. 10 (retrospectively).

Repeal

Repeal

Repeal

Repeal

(1) Subject to any directions given by the Central Government under this Act, the Authority or, as the case may be, the local authority concerned may dispose of

(a) any land acquired by the Central Government and transferred to it, without undertaking or carrying out any development thereon; or

(b) any such land after undertaking or carrying out such development as it thinks fit, to such persons, in such manner and subject to such terms and conditions as it considers expedient for securing the development of Delhi according to plan.

(2) The powers of the Authority or, as the case may be, the local authority concerned with respect to the disposal of land under sub-section (1) shall be so exercised as to secure, so far as practicable, that persons who are living or carrying on business or other activities on the land shall, if they desire to obtain accommodation on land belonging to the Authority or the local authority concerned and are willing to comply with any requirements of the Authority or the local authority concerned as to its development and use, have an opportunity to obtain thereon accommodation suitable to their reasonable requirements on terms settled with due regard to the price at which any such land has been acquired from them:

Provided that where the Authority or the local authority concerned proposes to dispose of by sale any land without any development having been undertaken or carried out therein, it shall offer the land in the first instance to the persons from whom it was acquired, if they desire to purchase it subject to such requirements as to its development and use as the Authority or the local authority concerned may think fit to impose.

(3) Nothing in this Act shall be construed as enabling the Authority or the local authority concerned to dispose of land by way of gift, mortgage or charge, but subject as aforesaid reference in this Act to the disposal of land shall be construed as reference to the disposal thereof in any manner, whether by way of sale, exchange or lease or by the creation of any easement right or privilege or otherwise.

(1) The Central Government may, by notification in the Official Gazette and upon such terms and conditions as may be agreed upon between that Government and the Authority, place at the disposal of the Authority all or any developed and undeveloped lands in Delhi vested in the Union (known and hereinafter referred to as "nazul lands") for the purpose of development in accordance with the provisions of this Act.

(2) No development of any nazul land shall be undertaken or carried out except by, or under the control and supervision of, the Authority after such land has been placed at the disposal of the Authority under sub-section (1).

(3) After any such nazul land has been developed by, or under the control and supervision of, the Authority, it shall be dealt with by the Authority in accordance with rules made and directions given by the Central Government in this behalf.

(4) If any nazul land placed at the disposal of the Authority under sub-section (1) is required at any time thereafter by the Central Government, the Authority shall, by notification in the Official Gazette, replace it at the disposal of that Government upon such terms and conditions as may be agreed upon between that Government and the Authority.

Notwithstanding anything contained in sub-section (2) of section 12, the Authority may, if it is of opinion that it is expedient to do so, undertake or carry out any development of any land which has been transferred to it or placed at its disposal under section 15 or section 22 even if such land is situated in any area which is not a development area.]

(1) The Authority shall have and maintain its own fund to which shall be credited

(a) all moneys received by the Authority from the Central Government by way of grants, loans, advances or otherwise;

[(aa) all moneys borrowed by the Authority from sources other than the Central Government by way of loans or debentures;]

(b) all fees and charges received by the Authority under this Act;

(c) all moneys received by the Authority from the disposal of lands, buildings and other properties, movable and immovable; and

(d) all moneys received by the Authority by way of rents and profits or in any ate manner or frame any other source.

(2) The fund shall be applied towards meeting the expenses incurred by the Authority in the administration of this Act and for no other purposes.

(3) The Authority may keep in current account of the State Bank of India or any other bank approved by the Central Government in this behalf, such sum of money out of its fund as may be prescribed by rules and any money in excess of the said sum shall be invested in such manner as may be approved by the Central Government.

(4) The Central Government may, after due appropriation made by Parliament by law in this behalf, make such grants, advances and loans to the Authority as that Government may deem necessary for the performance of the functions of the Authority under this Act; and all grants, loans and advances made shall be on such terms and conditions as the Central Government may determine.

[(5) The Authority may borrow money by way of loans or debentures from such sources (other than the Central Government) and on such terms and conditions as may be approved by the Central Government.

(6) The Authority shall maintain a sinking fund for the repayment of moneys borrowed under sub-section (5), and shall pay every year into the sinking fund such sum as may be sufficient for repayment within the period fixed of all money so borrowed.

(7) The sinking fund or any part thereof shall be applied in, or towards, the discharge of the loan for which such fund was created, and until such loan is wholly discharged it shall not be applied for any other purpose.]

The Authority shall prepare in such form and at such time every year as may be prescribed by rules a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure of the Authority and shall forward to the Central Government, such number of copies thereof as may be prescribed by rules.

(1) The Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance-sheet in such form as the Central Government may by rules prescribe in consultation with the Comptroller and Auditor-General of India

(2) The accounts of the Authority shall be subject to audit annually by the Comptroller and Auditor-General of India and any expenditure incurred by him in connection with such audit shall be payable by the Authority to the Comptroller and Auditor General of India.

(3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of accounts of the Authority shall have the same right, privilege and authority in connection with such audit as the Comptroller and Auditor General of India has in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the office of the Authority.

(4) The accounts of the Authority as certified by the Comptroller and Auditor General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause a copy of the same to be laid before both Houses of Parliament

The Authority shall prepare for every year a report of its activities during that year and submit the report to the Central Government in such form and on or before such date as may be prescribed by rules, and the Government shall cause a copy of the report to be laid before both Houses of Parliament

(1) The Authority shall constitute for the benefit of its whole-time paid members and of its officers and other employees in such manner and subject to such conditions, as may be prescribed by rules, such pension and provident funds as it may think fit

(2) Where any such pension or provident fund has been constituted, the Central Government may declare that the provisions of the Provident Funds Act, 1925 (19 of 1925), shall apply to such fund as if it were a Government Provident Fund

The Authority may authorise any person to enter into or upon any land or building with or without assistants or workmen for the purpose of

(a) making any enquiry, inspection, measurement or survey or taking levels of such land or building;

(b) examining works under construction and ascertaining the course of sewers and drains;

(c) digging or boring into the sub-soil;

(d) setting out boundaries and intended lines of work;

(e) making such levels, boundaries and lines by placing marks and cutting trenches;

(f) ascertaining whether any land is being or has been developed in contravention of the master plan or zonal development plan or without the permission referred to in section 12 or in contravention of any condition subject to which such permission has been granted; or

(g) doing any other thing necessary for the efficient administration of this Act: Provided that

(i) no such entry shall be made except between the hours of sunrise and sunset and without giving reasonable notice to the occupier, or if there be no occupier, to the owner of the land or building;

(ii) sufficient opportunity shall in every instance be given to enable women (if any) to withdraw from such land or building;

(iii) due regard shall always be had, so far as may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious usages of the occupants of the land or building entered

(1) Any person who whether at his own instance or at the instance of any other person or any body (including a department of Government) undertakes or carries out development of any land in contravention of the master plan or zonal development plan or without the permission, approval or sanction referred to in section 12 or in contravention of any condition subject to which such permission, approval or sanction has been granted, 1[shall be punishable,

(a) with rigorous imprisonment which may extend to three years, such development relates to utilising, selling or otherwise dealing with any land with a view to the setting up of a colony without a lay-out plan; and

(b) with simple imprisonment which may extend to six months, or with fine which may extend to five thousand rupees, or with both, in any case, other than those referred to in clause (a).]

(2) Any person who uses any land or building in contravention of the provisions of section 14 or in contravention of any terms and conditions prescribed by regulations under the proviso to that section shall be punishable with fine which may extend to five thousand rupees 2and in the case of a continuing offence, with further fine which may extend to two hundred and fity rupees for every day during which such offence continues after conviction for the first commission of the offence]

(3) Any person who obstructs the entry of a person authorised under section 28 to enter into or upon any land or building or molests such person after such entry shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both

[(1) Where any development has been commenced or is being carried on or has been completed in contravention of the master plan or zonal development plan or without the permission, approval or sanction referred to in section 12 or in contravention of any conditions subject to which such permission, approval or sanction has been granted,

(i) in relation to a development area, any officer of the Authority empowered by it in this behalf,

(ii) in relation to any other area within the local limits of a local authority, the competent authority thereof, may, in addition to any prosecution that may be instituted under this Act, make an order directing that such development shall be removed by demolition, filling or otherwise by the owner thereof or by the person at whose instance the development has been commenced or is being carried out or has been completed, within such period (not being less than five days and more than fifteen days from the date on which a copy of the order of removal, with a brief statement of the reasons therefor, has been delivered to the owner or that person) as may be specified in the order and on his failure to comply with the order, the officer of the Authority or, as the case may be, the competent authority may remove or cause to be removed the development and the expenses of such removal shall be recovered from the owner or the person at whose instance the development was commenced or was being carried out or was completed as arrears of land revenue:

Provided that no such order shall be made unless the owner or the person concerned has been given a reasonable opportunity to show cause why the order should not be made.

(1A) If any development in an area other than a development area has been commenced or is being carried on or has been completed in contravention of the master plan or zonal development plan or without the approval or sanction referred to in section 12 or in contravention of any conditions subject to which such approval or sanction has been granted and the competent authority has failed to remove or cause to be removed the development within the time that may be specified in this behalf by the Administrator of the Union territory of Delhi, the Administrator may, after observing such procedure as may be prescribed by rules made in this behalf, direct any officer to remove or cause to be removed such development and that officer shall be bound to carry out such direction and any expenses of such removal may be recovered from the owner or the person at whose instance the development was commenced or was being carried out or was completed as arrears of land revenue.]

(2)----

[(2A) Any person aggrieved by the direction of the Administrator under subsection (1A) may appeal to the Central Government within thirty days from the time thereof, and the Central Government may after giving an opportunity of hearing to the person aggrieved, either allow or dismiss the appeal or may reverse or vary any part of the direction.]

[(3) The decision of 2the Central Government on the appeal and subject only to such decision the order under sub-section (1) or, as the case may be, the direction under sub-section (1 A), shall be final and shall not be questioned in any court.

(4) The provisions of this section shall be in addition to, and not in derogation of, any other provision relating to demolition of buildings contained in any other law for the time being in force.]

(1) Where any development in any area has been commenced in contravention of the master plan or zonal development plan or without the permission, approval or sanction referred to in section 12 or in contravention of any conditions subject to which such permission, approval or sanction has been granted,

(i) in relation to a development area, the Authority or any officer of the Authority empowered by it in this behalf,

(ii) in relation to any other area within the local limits of a local authority, the competent authority thereof, may, in addition to any prosecution that may be instituted under this Act, make an order requiring the development to be discontinued on and from the date of the service of the order, and such order shall be complied with accordingly.

(2) Where such development is not discontinued in pursuance of the order under sub-section (1), the Authority or the officer of the Authority or the competent authority, as the case may be, may require any police officer to remove the person by whom the development has been commenced and all his assistants and workmen from the place of development or to seize any construction material, tool, machinery, scaffolding or other things used in such development] within such time as may be specified in the requisition and such police officer shall comply with the requisition accordingly.

[(2A) Any of the things caused to be seized by the Authority or the officer of the Authority or the competent authority, as the case may be, under sub-section (2) shall unless the owner thereof turns up to take back such things and pays to the Authority, the officer of the Authority or the competent authority, as the case may be, the charges for the removal or storage of such things, be disposed of by it or him by public auction or in such other manner and within such time as the Authority, the officer of the Authority or the competent authority thinks fit.

(2B) The charges for the removal and storage of the things sold under sub-section (2A) shall be paid out of the proceeds of the sale thereof and the balance, if any, shall be paid to the owner of the things sold on a claim being made therefor within a period of one year from the date of sale, and if no such claim is made within the said period, shall be credited to the fund of the Authority or the competent authority, as the case may be.]

(3) If any development in an area other than a development area has been commenced in contravention of the master plan or zonal development plan or without the approval or sanction referred to in section 12 or in contravention of any conditions subject to which such approval or sanction has been granted and the competent authority has failed to make an order under sub-section (1) or as the case may be, a requisition under sub-section (2), within the time that may be specified in this behalf by the Administrator of the Union territory of Delhi, the Administrator may, after observing such procedure as may be prescribed by rules made in this behalf, direct any officer to make the order or requisition, as the case may be, and that officer shall be bound to carry out such direction and the order or requisition made by him in pursuance of the direction shall be complied with accordingly.

(4) After the requisition under sub-section (2) or sub-section (3) has been complied with, the Authority or the competent authority or the officer to whom the direction was issued by the Administrator under sub-section (3), as the case may be, may depute by a written order a police officer or an officer or employee of the Authority or local authority concerned to watch the place in order to ensure that the development is not continued.

(5) Any person failing to comply with an order under sub-section (1) or, as the cae may be, under sub-section (3), shall be punishable with fine which may extend to two hundred rupees for every day during which the non-compliance continues after the service of the order.

(6) No compensation shall be claimable by any person for any damage which he may sustain in consequence of the removal of any development under section 30 or the discontinuance of the development under this section.

(7)************

(8) The provisions of this section shall be in addition to, and not in derogation of, any other provision relating to stoppage of building operations contained in any other law for the time being in force.]

(1) It shall be lawful for the Authority or the competent authority, as the case may be, at any time, before or after making an order for the removal or discontinuance of any development under section 30 or section 31, to make an order directing the sealing of such development in the manner prescribed by rules, for the purpose of carrying out the provisions of this Act, or for preventing any dispute as to the nature and extent of sufh development.

(2) Where any development has been sealed, the Authority or the competent authority, as the case may be, may, for the purpose of removing or discontinuing such development, order the seal to be removed.

(3) No person shall remove such seal except

(a) under an order made by the Authority or the competent authority under sub-section (2); or

(b) under an order of the Appellate Tribunal or the Administrator of the Union territory of Delhi, made in an appeal under this Act.

The Appellate Tribunal or Appellate Tribunals constituted under section 347A of the Delhi Municipal Corporation Act, 1957, (66 of 1957) shall be deemed to be the Appellate Tribunal or Appellate Tribunals for deciding appeals under section 31C, and the provisions of section 347A and section 347C of the Delhi Municipal Corporation Act, 1957, and the rules made thereunder, shall, so far as may be, apply for the purposes of this Act as they apply for the purposes of that Act.

(1) Any person aggrieved by any of the following orders made under this Act, may prefer an appeal to the Appellate Tribunal, namely:

(a) an order of the Authority granting or refusing to grant permission for development under sub-section (3) of section 13;

(b) an order of the Authority or the local authority disposing of any land under section 21;

(c) an order of the Authority in the course of dealing with any nazul land developed by it under section 22;

(d) an order of an officer of the Authority or the competent authority made under sub-section (1) of section 30, for the removal of any development;

(e) an order of the Authority or an officer of the Authority, or the competent authority made under sub-section (1) of section 31, for discontinuing any development;

(f) an order of the Authority or the competent authority made under section 31 A, directing the sealing of any development

(2) An appeal under this section shall be filed within thirty days from the date of the order appealed against: Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period.

(3) An appeal to the Appellate Tribunal shall be made in such form and shall be accompanied by a copy of the order appealed against and by such fees as may be prescribed by rules.

(1) An appeal shall lie to the Administrator of the Union territory of Delhi against an order of the Appellate Tribunal, confirming, modifying or annulling an order of the Authority, officer of the Authority, local authority or competent authority, as the case may be, under this Act.

(2) The provisions of sub-sections (2) and (3) of section 31C and the provisions of section 347A of the Delhi Municipal Corporation Act, 1957 (66 of 1957), and the rules made thereunder, shall, so far as may be, apply to the filing and disposal of an appeal under this section as they apply to the filing and disposal of an appeal under the said section 31C.

(3) An order of the Administrator on an appeal under this section, and subject only to such order, an order of the Appellate Tribunal under section 31C and subject to such orders of the Administrator or an Appellate Tribunal, an order of the Authority, officer of the Authority, local authority or competent athority referred to in sub-section (1) of that section shall be final.

Explanation. In sections 30, 31, 31A and 3ID, "competent authority" in relation to a local authority means any authority or officer of that local authority empowered or authorised to order demolition or stoppage of buildings or works, in accordance with the provisions made by or under the law governing such local authority,

(1) After the commencement of section 6 of the Delhi Development (Amendment) Act. 1984 (38 of 1984), no court shall entertain any suit, application or other proceedings in respect of any order appealable under section 31C, and no such order shall be called in question otherwise than by preferring an appeal under that section.

(2) Notwithstanding anything contained in sub-section (1), every suit, application or other proceeding pending in any court immediately before the commencement of section 6 of the Delhi Development (Amendment) Act, 1984 (38 of 1984), in respect of any order, appealable under section 31C shall continue to be dealt with and disposed of by that court as if the said section had not been brought into force.]

(1) If the person committing an offence under this Act is a company, every person, who, at the time the offence was committed, was in-charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation. For the puroses of this section

(a) "company" means a body corporate and includes a firm or other association of individuals; and

(b) "director" in relation to a firm means a partner in the firm

All fines realised in connection with prosecutions under this Act shall be paid to the Authority or, as the case may be, the local authority concerned.

(1) Any offence made punishable by or under this Act may, either before or after the institution of proceedings, be compounded

(i) in the case of an offence referred to in sub-section (2) of section 49, by the Administrator of the Union territory of Delhi or any officer authorised by him in this behalf by general or special order; and

(ii) in any other case, by the Authority or, as the case may be, the local authority concerned or any person authorised by the Authority or such local authority by general or special order in this behalf.]

(2) Where an offence has been compounded, the offender, if in custody shall be discharged and no further proceedings shall be taken against him in respect of the offence compounded.

The Code of Criminal Procedure, 1973 (2 of 1974), shall apply to an offence under sub-section (7) of section 29 as if it were a cognizable offence,

(i) for the purposes of investigation of such offence; and

(ii) for the purposes of all matters other than

(1) matters referred to in section 42 of that Code, and

(2) arrest of a person except on the complaint of, or upon information received from:

(a) such officer of the Authority not below the rank of a Director as may be appointed by the Administrator of the Union territory of Delhi, if the offence is committed in relation to a development area;

(b) such officer of the Municipal Corporation of Delhi not below the rank of a Deputy Commissioner as may be appointed by the Administrator of the Union territory of Delhi, if the offence is committed in relation to any area within the local limits of that Corporation; or

(c) the Secretary, New Delhi Municipal Committee, if the offence is committed in relation to any area within the local limits of that Committee:

Provided that no offence which relates to any deviation from the permission, approval or sanction given under section 12 and which could be compounded under the provisions of this Act, shall be cognizable.]

(1) If the Authority, after holding a local enquiry or upon report from any of its officers or other information in its possession, is satisfied that any amenity in relation to any land in development area has not been provided in relation to that land which in the opinion of the Authority is to be provided, or that any development of the land for which permission, approval or sanction has been obtained under this Act has not been carried out, it may, after affording a reasonable opportunity to show cause, serve upon the owner of the land or upon the person providing or responsible for providing the amenity a notice requiring him to provide the amenity or carry out the development within such time as may be specified in the notice.

(2) If any amenity is not provided or any such development is not carried out within the time specified in the notice, then the Authority may itself provide the amenity or carry out the development or have it provided or carried out through such agency as it deems fit:

Provided that before taking any action under this sub-section, the Authority shall afford reasonable opportunity to the owner of the land or to the person providing or responsible for providing the amenity to show cause as to why such action should not be taken.

(3) All expenses incurred by the Authority or the agency employed by it in providing the amenity or carrying out the development together with interest at such rate as the Central Government may by order fix from the date when a demand for the expenses is made until payment may be recovered by the Authority from the owner or the person providing or responsible for providing the amenity as arrears of land revenue.]

Where any area has been developed by the Authority, the Authority may require the local authority within those local limits the area so developed is situated, to assume responsibility for the maintenance of the amenities which have been provided in the area by the Authority and for the provision of the amenities which have not been provided by the Authority but which in its opinion should be provided in the area, on terms and conditions agreed upon between the Authority and that local authority; and where such terms and conditions can not be agreed upon, on terms and conditions settled by the Central Government in consultation with the local authority on a reference of the matter to that Government by the Authority.

(1) Where, in the opinion of the Authority, as a consequence of any development having been executed by the Authority in any development area, the value of any property in that area or in any area other than the development area, which has been benefited by the development, has increased or will increase, the Authority shall be entitled to levy upon the owner of the property or any person having an interest therein a betterment charge in respect of the increase in value of the property resulting from the execution of the development:

Provided that no betterment charge shall be levied in respect of lands owned by Government within Delhi:

Provided further that where any land belonging to Government has been let out by Government to any person, then that land and any building situate thereon shall be subject to a betterment charge under this section.

(2) Such betterment charge shall be an amount

(i) in respect of any property situate in a development area, equal to one-third of the amount, and

(ii) in respect of property -situate in any other area, not exceeding one-third of the amount, by which the value of the property on the completion of the execution of the development scheme estimated as if the property were clear of buildings exceeds the value of the property prior to such execution estimated in like manner: Provided that in levying betterment charge on any property under clause (u), the Authority shall have regard to the extent and nature of benefit accruing to the property from the development and such other factors as may be prescribed by rules made in this behalf.]

(1) When it appears to the Authority that any particular development scheme is sufficiently advanced to enable the amount of the betterment charge to be determined, the Authority may, by an order made in this behalf, declare that for the purpose of determining the betterment charge the execution of the scheme shall be deemed to have been completed and shall thereupon give notice in writing to the owner of the property or any person having an interest therein that the Authority proposes to assess the amount of the betterment charge in respect of the property under section 37.

(2) The Authority shall then assess the amount of betterment charge payable by the person concerned after giving such person an opportunity to be heard and such person shall, within three months from the date of receipt of the notice in writing of such assessment from the Authority, inform the Authority by a declaration in writing that he accepts the assessment or dissents from it.

(3) When the assessment proposed by the Authority is accepted by the person concerned within the period specified in sub-section (2) such assessment shall be final.

(4) If the person concerned dissents from the assessment or fails to give the Authority the information required by sub-section (2) within the period specified therein the matter shall be determined by arbitrators in the manner provided in section 39.

(1) For the determination of the matter referred to in sub-section (4) of section 38, the Central Government shall appoint three arbitrators of whom one at least shall have special knowledge of the valuation of land

(2) The arbitrators shall follow such procedure as may be prescribed by rules made in this behalf.

[(2A) The arbitrators shall, for the purpose of determining any matter referred to them, have the same powers as are vested in a civil court under the of Code of Civil Procedure, 1908 (5 of 1908) when trying a suit, in respect of the following matters, namely:

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of documents;

(c) administering to any party to the arbitration such interrogatories as may, in the opinion of the arbitrators, be necessary.]

(3) In the events of any difference of opinion among the arbitrators the decision of the majority shall prevail and that decision shall be the award of the arbitrators.

(4) If any arbitrator dies, resigns, or is removed under sub-section (5) or refuses, or neglects in the opinion of the Central Government, to perform his duties or becomes incapable of performing the same, then the Central Government shall forthwith appoint another fit person to take the place of such arbitrator.

(5) If the Central Government is satisfied after such enquiry as it thinks fit

(a) that an arbitrator has misconducted himself, the Central Government may remove him from his office;

(b) that the award of the arbitrators has been improperly procured or that any arbitrator has misconducted himself in connection with such award, the Central Government may set aside the award.

(6) An award which has not been set aside by the Central Government under clause (b) of sub-section (5) shall be final and shall not be questioned in any court.

(7) The provisions of the Arbitration Act, 1940, (10 of 1940) shall not apply to arbitration under this section.

(1) The betterment charge levied under this Act shall be payable in such number of instalments and each instalment shall be payable at such time and in such manner as may be fixed by regulations made in this behalf.

(2) Any arrear of betterment charge shall be recoverable as an arrear of land revenue.

Any money due to the Authority on account of fees or charges, or from the disposal of lands, buildings or other properties, movable or immovable, or by way of rents and profits may, if the recovery thereof is not expressly provided for in any other provision of this Act, be recovered by the Authority as arrears of land revenue.]

(1) The Authority shall carry out such directions as may be issued to it from time to time by the Central Government for the efficient administration of this Act.

(2) If in, or in connection with the exercise of its powers and discharge of its functions by the Authority under this Act, any dispute arises between the Authority and the Central Government the decision of the Central Government on such dispute shall be final.

[(3) The Central Government may, at any time, either on its own motion or on application made to it in this behalf, call for the records of any case disposed of or order passed by the Authority for the purpose of satisfying itself as to the legality or propriety of any order passed or direction issued and may pass such order or issue such direction in relation thereto as it may think fit: Provided that the Central Government shall not pass an order prejudicial to any person without affording such person a reasonable opportunity of being heard.]

(1) The Authority shall furnish to the Central Government such reports, returns and other information as that Government may from time to time require.

(2) Without prejudice to the provisions of sub-section (7), the Central Government or any officer authorised by the Central Government in this behalf, may call for reports, returns and other information from the Authority or local authority in regard to the implementation of the master plan.

(3) Any person authorised by the Central Government or the Officer referred to in sub-section (2) may enter into or upon any land with or without assistants or workmen for ascertaining whether the provisions of the master plan are being or have been implemented, or whether the development is being or has been carried out in accordance with such plan.

(4) No such entry shall be made except between the hours of sunrise and sunset and without giving reasonable notice to the occupier, or if there be no occupier, to the owner of the land or building.]

(1) All notices, orders and other documents required by this Act or any rule or regulation made thereunder to be served upon any person shall, save as otherwise provided in this Act or such rule or regulation, be deemed to be duly served

(a) where the person to be served is a company if the document is addressed to the secretary of the company at its registered office or at its principal office or place of business and is either

(i) sent by registered post, or

(ii) delivered at the registered office or at the principal office or place of business of the company;

(b) where the person to be served is a partnership, if the document is addressed to the partnership at its principal place of business, identifying it by the name or style under which its business is carried on, and is either

(i) sent by registerd post, or

(ii) delivered at the said place of business;

(c) where the person to be served is a public body or a corporation or society or other body, if the document is addressed to the secretary, treasurer or other head officer of that body, corporation or society at its principal office, and is either

(i) sent by registered post, or

(ii) delivered at that office;

(d) in any other case, if the document is addressed to the person to be served and

(i) is given or tendered to him, or

(ii) if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business, if within the Union territory of Delhi or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building to which it relates, or

(iii) is sent by registered post to that person.

(2) Any document which is required or authorised to be served on the owner or occupier of any land or building may be addressed to "the owner" or "the occupier", as the case may be, of that land or building (naming that land or building) without further name or description, and shall be deemed to be duly served

(a) if the document so addressed is sent or delivered in accordance with clause

(d) of sub-section (1); or

(b) if the document so addressed or a copy thereof so addressed, is delivered to some person on the land or building or, where there is no person on the land or building to whom it can be delivered, is affixed to some conspicuous part of the land or building.

(3) Where a document is served on a partnership in accordance with this section, the document shall be deemed to be served on each partner.

(4) For the purpose of enabling any document to be served on the owner of any property the secretary to the Authority may by notice in writing require the occupier (if any) of the property to state the name and address of the owner thereof.

(5) Where the person on whom a document is to be served is a minor, service upon his guardian or any adult member of his family shall be deemed to be service upon the minor.

(6) A servant is not a member of the family within the meaning of this section.

Every public notice given under this Act shall be in writing over the signature of the secretary to the Authority and shall be widely made known in the locality to be affected thereby by affixing copies thereof in conspicuous public places within the said locality, or by publishing the same by beat of drum or by advertisement in local newspaper or by any two or more of these means, and by any other means that the secretary may think fit.

Where any notice, order or other document issued or made under this Act or any rule or regulation made thereunder requires anything to be done for the doing of which no time is fixed in this Act or the rule or regulation, the notice, order or other document shall specify a reasonble time for doing the same.

All permissions, orders, decisions, notices and other documents of the Authority shall be authenticated by the signature of the secretary to the Authority or any other office authorised by the Authority in this behalf.

Every member and every officer and other employee of the Authority shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).

No court inferior to that of a 1[Metropolitan Magistrate] shall try an offence punishable under this Act.

(1) No prosecution for any offence punishable under this Act 3[other than an offence referred to in sub-section (2)] shall be instituted except with the previous sanction of the Authority or as the case may be, the local authority concerned or any officer authorised by the Authority or such local authority in this behalf.

(2) No prosecution for any offence for failure to comply with the order of the officer referred to in sub-section (3) of section 31 and punishable under sub-section (5) of that section shall be instituted except, with the previous sanction of the Administrator or any officer authorised by him in this behalf.]

Notwithstanding anything contained in [section 29 of the Code of Criminal Procedure, 1973 (2 of 1974), it shall be lawful for any court of a Metropolitan Magistrate] to pass any sentence authorised by this Act in excess of its powers under the said section.

No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule or regulation made thereunder.

(1) The Authority may, by notification in the Official Gazette, direct that any power exercisable by it under this Act except the power to make regulations may also be exercised by such officer or local authority [or committee consituted under section 5A] as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein

(2) The Central Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act, except the power to make rules, may also be exercised by such officer as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein.

(3) The Administrator of the Union territory of Delhi may, by notification in the Official Gazette, direct that any power exercisable by him under this Act [except the power to hear appeals] may also be exercised by such officer as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein.

(1) Nothing in this Act shall affect the operation of the Slum Areas (Improvement and Clearance) Act, 1956 (96 of 1956)

(2) [Save as otherwise provided in sub-section (4) of section 30 or sub-section (8) of section 31 or sub-section (7) of this section], the provisions of this Act and the rules and regulations made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law

(3) Notwithstanding anything contained in any such other law

(a) when permission for development in respect of any land has been obtained under this Act such development shall not be deemed to be unlawfully undertaken or carried out by reason only of the fact that permission, approval or sanction required under such other law for such development has not been obtained;

(b) when permission for such development has not been obtained under this Act, such development shall not be deemed to be lawfully undertaken or carried out by reason only of the fact that permission, approval or sanction required under such other law for such development has been obtained.

(1) Notwithstanding anything contained in any law for the time being in force, no rule, regulation or bye-law shall be made or amended by a local authority in respect of matters specified in sub-section (2) unless the Authority, upon consideration of such rule, regulation or bye-law, certifies that it does not contravene any of the provisions of the master plan or the zonal development plan.

(2) The matters referred to in sub-section (1) are the following, namely:

(a) water supply, drainage and sewage disposal;

(b) erection and re-erection of buildings, including grant of building permissions, licences and imposition of restrictions on use and sub-division of buildings;

(c) sub-division of land into building sites, roads and lanes, recreational sites and sites for community facilities; and

(d) development of land, improvement schemes, and housing and rehousing schemes.

(1) No suit shall be instituted against the Authority, or any member thereof, or any of its officers or other employees, or any person acting under the directions of the Authority or any member or any officer or other employee of the Authority in respect of any act done or purporting to have been done in pursuance of this Act or any rule or regulation made thereunder until the expiration of two months after notice in writing has been, in the case of the Authority, left at its office, and in any other case, delivered to, or left at the office or place of abode of, the person to be sued, and unless such notice states explicitly the cause of action, the nature of relief sought, the amount of compensation claimed and the name and place of residence of the intending plaintiff and unless the plaintiff continues a statement that such notice has been so left or delivered.

(2) No suit such as is described in sub-section (1), unless it is a suit for recovery of immovable property or for a declaration of title thereto, be instituted after the expiry of six months from the date on which the cause of action arises.

(3) Nothing contained in sub-section (1) shall be deemed to apply to a suit in which the only relief claimed is an injunction of which the object would be defeated by the giving of the notice or the postponement of the institution of the suit.]

Nothing in this Act shall apply to

(a) the carrying out of works for the maintenance, improvement or other alteration of any building, being works which affect only the interior of the building or which do not materially affect the external appearance of the building;

(b) the carrying out by any local authority or by any department of Government of any works for the purpose of inspecting, repairing or renewing any drains, sewers, mains, pipes, cables or other apparatus including the breaking open of any street or other land for that purpose;

(c) the erection of a building, not being a dwelling house if such building is required for the purposes subservient to agriculture;

(d) the erection of a place of worship or a tomb or cenotaph or of a wall enclosing a graveyard, place of worship, cenotaph or samadhi on land which at the commencement of this Act is occupied by or for the purpose of such worship, tomb, cenotaph, graveyard or samadhi;

(e) the excavations (including wells) made in the ordinary course of agricultural operations; and

(f) the construction of unmetalled road intended to give access to land solely for agricultural purposes.

(1) Where any land situated in any area in Delhi is required by the master plan or a zonal development plan to be kept as an open space or unbuilt upon or is designated in any such plan as subject to compulsory acquisition, then, if on the expiration of ten years from the date of operation of the plan under section 11 or where such land has been so required or designated by any amendment of such plan, from the date of operation of such amendment, the land is not compulsorily acquired * * * the owner of the land may serve on the Central Government a notice requiring his interest in the land to be so acquired.

(2) [If the Central Government] fails to acquire the land within a period of six months from the date of receipt of the notice, the master plan or, as the case may be, the zonal development plan shall have effect, after the expiration of the said six months as if the land were not required to be kept as an open space or unbuilt upon or were not designated as subject to compulsory acquisition.

(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;

(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;

[(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 publications, of the notice relating to any such plan in draft;

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

[(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;

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

(jj) the procedure to be observed by the Administrator 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;]

[(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 arbitration in the determination of betterment charge;

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

(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 wholetime 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.

(1) [The Authority, with the previous approval of the Central Government, may, by notification in the Official Gazette, make regulations consistent with this Act and the rules made thereunder, to carry out the purposes of this Act, and without prejudice to the generality of this power, such regulations may provide for

(a) the summoning and holding of meetings of the Authority, the time and place where such meetings are to be held, the conduct of business at such meetings and the number of members necessary to form a quorum thereat;

[(aa) the summoning and holding of meetings of a committee constituted under section 5A, the time and place where such meetings are to be held, the conduct of business at such meetings, and the number of members necessary to form a quorum thereat and the fees and allowances payable to the members for attending the meetings or any other work of the Authority;]

(b) the powers and duties of the secretary and chief accounts officers of the Authority;

(c) the salaries, allowances and conditions of service of the secretary, chief accounts officer and other officers and employees;

(d) the procedure for the carrying out of the functions of the Authority under Chapter III;

(e) the form in which any application for permission under sub-section (1) of section 13 shall be made and the particulars to be furnished in such application;

(f) the terms and conditions subject to which user of lands and buildings in contravention of plans may be continued;

(h) the manner of communicating the grounds of refusal or permission for development;

(i) the form of the register of applications for permission and the particulars to be contained in such register;

(j) the management of the properties of the Authority;

(K) the time and manner of payment of betterment charge; and

(1) any other matter which has to be, or may be, prescribed by regulations.

(2) Until the Authority is established under this Act, any regulations which may be made under sub-section (7) may be made by the Central Government; and any regulation so made may be altered or rescinded by the Authority in exercise of its powers under sub-section (1)

Every rule and every regulation made under this Act shall be laid, as soon as may be after such rule or regulation is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation, or both Houses agree that the rule or regulation should not be made, the rule or regulation shall, thereafter, have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.]

(1) Where the Central Government is saitsfied that the purposes for which the Authority was established under this Act have been substantially achieved so as to render the continued existence of the Authority in the opinion of the Central Government unnecessary, that Government may by notification in the Official Gazette declare that the Authority shall be dissolved with effect from such date as may be specified in the notification; and the Authority shall be deemed to be dissolved accordingly.

(2) From the said date

(a) all properties, funds and dues which are vested in, or realisable by, the Authority shall vest in, or be realisable by, the Central Government;

(b) all nazul lands placed at the disposal of the Authority shall revert to the Central Government;

(c) all liabilities which are enforceable against the Authority shall be enforceable against the Central Government; and

(d) for the purpose of carrying out any development which has not been fully carried out by the Authority and for the purpose of realising properties, funds and dues referred to in clause (a), the functions of the Authority shall be discharged by the Central Government.

(1) As from the date of the constitution of the Authority,

(a) the United Provinces Town Improvement Act, 1919 (U.P. Act VIII of 1919), shall cease to have effect in the Union territory of Delhi; and

(b) the Delhi (Control of Building Operations) Act, 1955, shall stand repealed.

(2) Notwithstanding the provisions of sub-section (1)

(a) every officer and other employee serving under the Delhi Improvement Trust or the Delhi Development (Provisional) Authority immediately before the date of the constitution of the Authority shall, on and from such date, be transferred to and become an officer or other employee of the Authority with such designations as the Authority may determine and shall hold office by the same tenure, as the same remuneration and on the same terms and conditions of service as he would have held the same if the Authority had not been constituted, and shall continue to do so unless and until such tenure, remuneration and terms and conditions are duly altered by the Authority:

Provided that any service rendered by any such officer or other employee before the constitution of the Authority shall be deemed rendered to be service thereof under it:

Provided further that the Authority may employ any such officer or other employee in the discharge of such functions under this Act as it may think proper and every such officer or other employee shall discharge those functions accordingly,

(b) anything done or any action taken (including any appointment, delegation, notification, order, scheme, permission, rule, bye-law, regulation or form made, granted or issued) under any of the aforesaid Acts, shall, so far as it is not inconsistent with the provisions of this Act, continue in force and be deemed to have been done or taken under the provisions of this Act unless and until it is superseded by anything done or any action taken under the said provisions;

(c) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the Delhi Improvement Trust or the Delhi Development (Provisional) Authority shall be deemed to have been incurred, entered into or engaged to be done by, with or for the Authority;

(d) all properties movable and immovable vested in the Delhi Improvement Trust or the Delhi Development (Provisional) Authority shall vest in the Authority;

(e) all rents, fees and other sums of money due to the Delhi Improvement Trust or the Delhi Development (Provisional) Authority shall be deemed to be due to the Authority;

(f) all suits, prosecutions and other legal proceedings instituted or which might have been instituted by, for or against the Delhi Improvement Trust or the Delhi Development (Provisional) Authority may be continued or instituted by, for or against the Authority.

In exercise of the powers conferred by clause (/) of sub-section (2) of section 56, read with sub-section (3) of section 22 of the Delhi Development Act, 1957 (61 of 1957), the Central Government hereby makes the following rules providing for the manner of dealng with Nazul land developed by or under the control and supervision of the Delhi Development Authority, namely:

(1) These rules may be called the Delhi Development Authority (Disposal of Developed Nazul Land) Rules, 1981.

(2) They shall come into force on the dale of their publication in the Official Gazette.

In these rules, unless the context otherwise requires,

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

(b) "Administrator" means the Administrator of the Union Territory of Delhi;

(c) "Authority" means Delhi Development Authority constituted under section 3 of the Act;

(d) "Family", in relation to a person means the individual, the wife or husband, as the case may be, of such individual and their unmarried and minor children

(e) "Industrialist" means an industrialist or manufacturer and includes a person who intends to engage in an industry, of manufacturing process

(f) "Land Allotment Advisory Committee" means the Land Allotment Advisory Committee constituted by the Authority for carrying out the purposes of these rules

(g) "Low income group" means the group of persons the total annual income of the family of everyone of whom does not exceed seven thousand two hundred

(h) "Middle income group" means the group of persons the total anual income of the family of everyone of whom exceeds seven thousand two hundered rupees or such amount notified, from time to time, under clause (g) but does not exceed eighteen thousands rupees or such higher or smaller amount as the Central Government may determine, from time to time, by notification having regard to the varying inflationary trends and economic factors;

(i) "Nazul land" means the land placed at the disposal of the Authority and developed by or under the control and supervision of the Authority under section 22 of the Act

(j) "Notification" means a notification published in the Official Gazette

(k) "Plan means the Master Plan or the Zonal Development Plan for a Zone, referred to in sections 7, 8, 9 and 11 A of the Act

(l) "Pre-determined rates" means the rates of premium chargeable from different categories of persons and determined by notification from time to time, by the Central Government, having regard to

(a) cost of acquisition,

(b) development charges, and

(c) concessional charges for use and occupation:

(i) for developed residential plots, at the rate of Rs. 3.60 per square metre for the first 167 square metres or part thereof; Rs. 4.80 per square metre for the next 167 square metres or part therof; Rs. 6 per square metre for the next 167 square per metres or part thereof; Rs. 7.20 per square metre for the next 167 square metres or part thereof; Rs. 8.40 per square metre for the next 167 square or part thereof, and Rs. 9.60 per square metre thereafter;

(ii) for developed industrial plots, at the rate of Rs. 3.60 per square metre for the first 0.81 hectares or part thereof; Rs. 4.80 per square metre for the next 0.81 hectares or part thereof; Rs. 6 per square metre for the next 0.81 hectares or part thereof; Rs. 7.20 per square metre for the next 0.81 hectares or part thereof; Rs. 8.40 per square metre for the next 0.81 hectares or part thereof; and Rs.9.60 per square metre thereafter.

Provided that the pre-determined rates at which allotment is made to persons belonging to middle income group may be higher than the rates of premium fixed for plots allotted to persons in the low income group;

Provided further that in fixing the pre-determined rates of premium, the Central Government may fix a higher rate of premium for plots situated on main roads, corners of two roads, or at other advantage positions than the rates of premium fixed for plots situated far away from the main roads;

(m) "Slum Areas Act" means the Slum Areas (Improvement and Clearance) Act, 1956 (96 of 1956)

(n) "Vice-Chairman" means the Vice-Chairman, or the Authority appointed under section 3 of the Act

(o) all other words and expressions used in these rules and not defined but defined in the Act shall have the meanings respectively assigned to them in the Act.

Authority may allot Nazul land for public utilities, community facilities, open spaces, parks, playgrounds, residential purposes, industrial and commercial uses and such other purposes as may be specified from time to time by the Central Government by notification.

The Authority may, in conformity with the plans, and subject to the other provisions of these rules, allot Nazul land to individuals, body of persons, public and private institutions, co-operative house building societies, other co-operative societies of individuals, co-operative societies of industrialists and to the departments of the Central Government, State Governments and the Union territories.

The Authority may allot Nazul land to schools, colleges, universities, hospitals, other social or charitable institutions, religious, political, semi-political organisations and local bodies for remunerative, semi-remunerative or unremunerative purposes at the premia and ground rent in force immediately before the coming into force of these rules, or at such rates as the Central Government may determine from time to time.

Subject to the other provisions of these rules the Authority shall allot Nazul land at the predetermined rates in the following cases namely:

(i) to individuals whose land has been acquired for planned development of Delhi after the 1st day of January, 1961 and which forms part of Nazul land: Provided that if an individual is to be allotted a residential plot, the size of such plot may be determined by the Administrator after taking into consideration the area and the value of the land acquired from him and the location and the value of the plot to be allotted;

(ii) to individuals in the low income group or the middle income group, other than specified in clause (i)

(a) who are tenants in a building in any area in respect of which a slum clearance order is made under the Slum Areas Act;

(b) who, in any slum area or the other congested area, own any plot of land measuring less than 67 square metres or own any building in any slum area or other congested area;

(iii) to individuals, other than those specified in clauses (i) and (a) who are in the low income group or the middle income group, by draw of lots to be conducted under the supervision of the Land Allotment Advisory Committee;

(iv) to individuals belonging to Scheduled Castes and Scheduled Tribes or who are widows of defence personnel killed in action, or ex-servicemen, physically handicapped individuals subject to the provisions of rule 13;

(v) to industrialists or owners and occupiers of warehouses who are required to shift their industries and warehouses from non-conforming areas to conforming areas under the Master Plan, or whose land is acquired or is proposed to be acquired under the Act;

Provided that the size of such industrial plot shall be determined with reference to the requirement of the industry or warehouses set up or to be set up in accordance with the plants and such industrialists and owners of warehouses have the capacity to establish and run such industries or warehouses and on the conditions that the land allotted at pre-determined rates shall not, in any case, exceed the size of the land which has been, if any, acquired from such industrialist or owners and occupiers of warehouses and which form part of Nazul land;

Provided further that in making such allotment, the Authority shall be advised by the Land Allotment, Advisory Committee;

(vi) to co-operative group housing societies, co-operative housing societies, consumer co-operative societies and co-operative societies of industrialists on "first come, first served basis":

Where an industrialist who holds an import or manufacturing licence under any law for the time being in force for setting up a new industry and who is not entitled to the allotment of Nazul land on pre-determined rates under clause (v) of rule 6, applies for allotment of Nazul land for the purpose of his licence, and such industrialist may be allotted by the Authority, Nazul land for the purposes on a premium to be fixed by the Chairman, in consultation with the Finance and Accounts Member of the Authority, having regard to the prevailing market price of the land.

Save as otherwise provided in rules 5, 6 and 7, allotment of Nazul land for a residential purpose, an industrial purpose, a commercial purpose or any other purpose shall be made on payment of such premium as may be determined either by auction or by tender in accordance with the provisions of these rules.

Where a person who owns and resides in any building in any area in respect of which a slum clearance order is made under the Slum Areas Act, or whose land is acquired under that Act, applies for allotment of Nazul land for a residential purpose in lieu of his land cleared of building in accordance with the slum clearance order, or acquired under that Act, he may, subject to the minimum size of the plot of Land being 67 square metres, allotted Nazul land for that purpose not exceeding 111.48 square metres without any charge: Provided that such person

(a) belongs to a low income group or middle income group;

(b) accepts the allotment without the compensation payable under the said Act;

(c) does not claim to re-develop the land cleared of such building in accordance with tha slum clearance order;

(d) has given up a possession of such land or the land which has been acquired, to the competent authority under the said Act; and

(e) where the size of his land as aforesaid is less than 67 square metres, agrees to pay for the extra land at the pre-determined rates applicable to a person in the low income group or the middle income group to which he belongs.

Where an individual who is a tenant in a building in any area in respect of which a slum clearance order is made under the Slum Areas Act, applies for allotment of Nazul land for a residential purpose, he may be allotted a plot of 67 square metres of Nazul land for that purpose on pre-determined rates; Provided that such individual

(a) belongs to a low income group or a middle income group;

(b) has given possession of the building occupied by him to the competent authority under the Slum Areas Act;

(c) does not choose to shift to any house in any slum clearance scheme

(d) does not choose to be replaced in occupation of that building under the Slum Areas Act;

Where an individual who owns in any slum area or any other congested area, a plot of land measuring less than 67 square metres, or a house which is declared to be unfit for human habitation under the provisions of the Slum Areas Act, or any other law, is not permitted to re-build or re-develop under the Slum Areas Act or under any other law, applies for allotment of Nazul land for a residential purpose, he may be allotted a plot of land for that purpose not exceeding 67 square metres at predetermined rates: Provided that he surrenders his land in the slum area or congested locality.

Subject to the availability of land for allotment for resedential purposes, among the individuals referred to in clauses (i) to (ii) of rule 6, the individuals referred to in clause (i) shall be preferred to the individuals referred to in clause (ii) and those in clause (ii) shall be preferred to those in Clause (iii).

(1) The Authority shall, with the previous permission of the Central Government, reserve such percentage of Nazul land available for allotment for residential purposes at any given time, to individuals in the low income group or the middle income group, who are members of the Scheduled Castes and Scheduled Tribes, widows of defence personnel killed in action, ex-servicemen, physically handicapped individuals or such other category of individuals as may be specified in the permission.

(2) Plots measuring not more than 111.48 square metres shall be allotted for residential purposes at pre-determined rates, to the individuals referred to in sub-rule (1), and where the number of such individuals exceeds the number of plots reserved for each category of persons under sub-rule (1), the allotment shall be made by draw of lots under the supervision of the Land Allotment Advisory Committee.

Notwithstanding the reservation of Nazul land made in rule 13, where any such individual as is referred to in that rule, fails to get an allotment of a plot of land in the Nazul land so reserved, by the draw of lots held under that rule, he or she shall be entitled to the allotment of a plot of land for residential purposes at pre-determined rates by draw of lots under clause (iii) of rule 6, in any Nazul land not reserved under the first mentioned rule; Provided that such individual belongs to the low income group or the middle income group.

Where an individual belonging to the low income group or the middle income group does not accept allotment of Nazul land for residential purposes on conditions mentioned in rule 9, 10 or. 11, other than the conditions mentioned in rule 17, he shall be entitled to the allotment of Nazul land at pre-determined rates, for residential purposes

(a) under rule 13, if he is an individual referred to in that rule

(b) under clause (Hi) of rule 6, in any other case.

Subject to the other provisions of these rules, all individuals, including the following categories of individuals, shall be entitled to the allotment of Nazul land for residential purposes, by auction, namely:

(i) individuals not residing in any building owned by them in any slum area in respect cf which a slum clearance order is made under the Slum Areas Act;

(ii) individuals whose land situated in any such area as is refered to in clause (i) is acquired under the Slum Areas Act and who reside elsewhere;

(iii) individuals who do not accept allotment on conditions mentioned in rules 9, 10 and 11 and who are not entitled to allotment under rule 15;

(iv) co-shares of joint ancestral land or buildings in a slum area under the Slum Areas Act whose individual share is not less than 67 square metres in such land or building.

Notwithstanding anything contained in these rules, no plot of Nazul land shall be allotted for residential purposes, to an individual other than an individual referred to in clause (I) of rule 6, who or whose wife or husband or any of his or her dependent children whether minor or not, or any of his or her dependent parents or dependent minor brothers, or sisters, ordinarily residing with such individual, own in full or in part, on lease-hold or free-hold basis, any residential land or house or who has been allotted on hire purchase basis by residential land or house in the Union Territory of Dehi;

Provided that where, on the date of allotment of Nazul land,

(a) the other land owned by or allotted to such individual is less than 67 square metres, or

(b) the house owned by such individual is on a plot of land which measures less than 67 square metres, or

(c) the share of such individual in any such other land or house meaures less than 67 square metres, he may be allotted a plot of Nazul land in accordance with the other provision of these rules.

Save as otherwise provided in these rules, the maximum size of a plot allotted to an individual for a residential purpose shall be

(i) 104 square metres in the case of an individual belonging to the low income group

(ii) 167 square metres (but not less than 105 square metres) in the case of ah individual belonging to the middle income group; and

(iii) 500 square metres in any other case.

(1) Save as otherwise provided in clause (v) of rule 6, the number and size of the plots of Nazul land for an individual or commercial purposes shall be determined from time to tome; by the Authority.

(2) In making an allotment of plot for an individual or commercial purposes, the Authority shall be guided by the advice of the Land Allotment Advisory Committee.

(3) The Land Allotment Advisory Committee shall, in making its recommendations to the Authority, take into account such relevant factors as it may deem proper in the circumstances of the case.

(4) Without prejudice to the generality of the provision of sub-rule (3), the Land Allotment Advisory Committee shall consider whether the setting up of the industry or commercial establishment is required to shift from a non-comforming area to a conforming area under the plans.

(1) No allotment of Nazul land to public institution referred to in rule 5 shall be made unless,

(a) according to the, aims and objects of that public institution, (i) it directly subserves the interests of the population of the Union Territory of Delhi; (a) it is generally conducive to the planned development of the Union Territory of Delhi; (iii) it is apparent from the nature of work to be carried out by that public institution, that the same cannot, with equal efficiency, be carried out elsewhere than in that part of Union Territory.

(b) it is a society registered under the Societies Registration Act, 1860 (21 of 1860) or such institution is owned and run by the Government or any local authority, or is constituted or established under any law for the time being in force;

(c) it is of non-profit making character;

(d) it is in possession of sufficient funds to meet the cost of land and the construction of buildings for its use; and

(e) allotment to such institution is sponsored or recommended by a Department of the Delhi Administration or a Ministry of the Cetral Government.

Nazul land of such size, as the Authority may, from time to time, decide with the approval of the Central Government may be allotted on lease-hold basis, at pre-deter-mined rates to such co-operative societies, registered under the Delhi Co-operative Societies Act, 1972, (35 of 1972), as are specified in clause (vi) of rule 6, subject to an undertaking given by such society that it shall use such land for its bona fide purposes or business only.

Where Nazul land is allotted to a co-operative society, such members of the society who are allotted a plot or flat by such society shall execute a sub-lease in favour of the society in respect of each plot or flat allotted to them. The terms and conditions of such sub-lease shall, as nearly as circumstances permit, be in accordance with Form 'A' and Form 'B' appended to these rules. In addition, such sub-lease may contain such covenants, clauses or conditions, not inconsistent with the provisions of Form 'A and Form 'B' as may be considered necessary and advisable by the society, having regard to the nature of a particular sub-lease.

Save as otherwise provided in rules, 29, 36 and 40, premium or price of plots of Nazul land chargeable in accordance with the provisions of these rules shall be realised in instalments in the following manner, namely:

(a) in the case of residential plots: 25 per cent on allotment; 50 per cent at the time of handing over possession of the plots after roads he been laid and plots demarcated; and 25 per cent at the end of one year from the date of handing over possession of the plot, or on completion of service, whichever is later;

(b) in the case of industrial or commercial plots, including plots to be allotted to the owners and occupiers: 25 per cent on allotment of warehouses; 25 per cent at the time of handing over possession of the plots after roads have been laid and plots demarcated; and 50 per cent at the end of one year from the date of handing over possession of the plot, or on completion of service, whichever is later;

With a view to enabling it to perform its functions under the Act, the Authority may, with the previous permission of the Central Government, set apart such Nazul land for its own use on such terms and conditions as may be specified in the permission.

Subject to the plans, such Nazul land as the Authority may decide, with the previous approval of the Cental Government, may be allotted by auction in the manner provided in this Chapter.

11.DDA v. Lala Amar Nath Educational and Human Society 1990 (3) Delhi Lawyer, 347.

(1) The authority shal publish beforehand in newspapers of different languages having wide circulation, a public notice of not less than thirty days, giving the following details of the plots to be allotted by auction:

(a) number of plots,

(b) size of plots,

(c) area and zone of plots,

(d) time, date and place wherefrom the terms and conditions of auction and other details, including the terms and conditions required to be fulfilled and fees payable for participation in the auction can be had by the intending purchasers;

(e) the time, date and place of action, and

(f) such other details as the Authority may consider proper.

(1) The auction shall be conducted by an officer appointed by the Vice-Chairman in this behalf.

(2) Such officer shall conduct the auction in the presence and under the supervision of a Committee consisting of not less than two senior officers of Authority, appointed by the Vice-Chairman in this behalf.

The officer conducting the auction shall normally accept, subject to confirmation by the Vice-Chairman, the highest bid offered at the fall of the hammer at the auction and the person whose bid had been accepted shall pay as earnest money, a sum equivalent to 25 per cent of his bid and he shall pay the balance amount to the Authority within fifteen days of acceptance of the bid or within such period as the Vice-Chairman may specify in the public notice under rule 27 or in another public notice.

"Provided that Vice Chairman may extend the last date of payment where he is satisfied that sufficient reason exists for doing so, upto a maximum of 180 days subject to payment of interest on the balance amount of the rate of 18% per annum where that delay is thirty days or less and 25% per annum for a period exceeding 30 days."

The officer conducting the auction may, for reasons to be recorded in writing and submitted to the Vice-Chairman, reject any bid including the highest bid.

No person whose bid has been accepted by the officer conducting the auction shall be entitled to withdraw his bid.

A person who fails to pay the balance amount of the bid within the period provided in rule 29 shall forfeit the earnest money and it shall be competent for the Vice-Chairman to re-auction the plot.

Subject to plans, such Nazul land as the Authority may with the approval of the Central Government, decide from time to time, shall be allotted by tender in the manner provided in this Chapter.

The Authority shall publish beforehand in newspapers of different languages having wide circulation, a public notice of not less than thirty days giving the following details of the plots to be allotted by tender:

(a) number of plots,

(b) size of the plots,

(c) area and zone of the plots,

(d) time, date and place wherefrom the terms and conditions of the tender and other details including the terms and conditions required to be fulfilled and the fees payable for participation in the tender, by the intending tenders,

(e) the time, date and place for receipt of tenders, including the last date for receipt thereof,

(f) the time, date and place or opening a tender, and

(g) such other details as the Authority may consider proper.

The Vice-Chairman shall nominate an officer of the Authority for receiving tenders (hereinafter in these rules referred to as the Accepting Officer) and notify his name and designation.

Each tenderer shall deposit as earnest money a sum equivalent to twenty-five per cent of the premium offered by him along with his tender.

(1) All tenders shall be sealed and addressed to the Authority and shall be received by the Accepting Officer who, on receipt of the tender, shall issue a receipt in token thereof to the person, submitting the tender and enter the name and address of tenderer in a register.

(2) All the tenders received within the time limit specified for acceptance of tenders in the notice under rule 34 shall be submitted by the Accepting Officer to the Authority.

The Accepting Officer shall cause the tenders to be opened on the date, place and time specified in this behalf in the notice under rule 34 in the presence of tenderers or their authorised representatives who choose to be present at such place.

The Accepting Officer shall, subject to confirmation by the Vice-Chairman, normally accept the highest tender subject to reserve price, if any, specified for any plot by the Authority;

Provided that the Accepting Officer may, for reasons to be recorded in writing and submitted to the Vice Chairman, reject any tender, including the highest tender.

The Vice-Chairman or an officer nominated by him shall, within fifteen days of opening of tenders, communicate to the tenderer whose tender has been accepted, calling upon him to remit balance amount within such time as the Vice-Chairman or the Accepting Officer may specify.

The Vice-Chairman, or the Accepting Officer shall, within fifteen days of the date of opening of the tenderers, communicate to all other tenderers, non-acceptance of their tenders and return the earnest money received from them.

(1) Save as otherwise provided in rule 44, all Nazul land allotted under these rules, whether at predetermined rates or at fixed premium under rule 7, or by auction or by tender, shall be held by the allottee as lessee of the President of India on the terms and conditions prescribed by these rules and contained in the lease deed to be executed by the allottee.

(2) Every such allottee shall be liable to pay, in addition to the premium payable in accordance with these rules, ground rent for holding the Nazul land allotted to him under these rules, at the rate of rupee one per annum per plot, for the first five years from the date of allotment:

Provided that in the case of Nazul land allotted to group housing co-operative societies, the ground rent shall be charged at the rate of rupee one per flat for the first five years from the date of allotment.

(3) The annual ground rent payable after the first five years referred to in sub-rule (2) shall be at the rate of two and half per cent of the premium originally payable.

(4) The rate of ground rent in all cases shall be subject to enhancement after a period of thirty years from the date of allotment.

Every allottee of Nazul land shall execute a lease-deed in accordance with Form 'C' appended to these rules. In addition, a lease-deed may contain such other covenants, clauses or conditions not inconsistent with the provisions of Form 'C' as may be considered necessary in the circumstances of each case.

The Authority may, subject to these rules and in such cases as it deem fit, allot land for temporary periods on a licence basis, in accordance with the terms and conditions of the licence-deed contained in Form 'D' appended to these rules. In addition, such licence-deed may contain such other covenants, clauses or conditions, not inconsistent with the provisions of Form 'D', as may be considered advisable and necessary by the Authority, in the circumstances of a case.

"'[The Directions of the Central Government to be supplementary to rules.

(1) The directions given, from time to time, by the Central Government under subsection (3) of section 22 of the Act, shall be supplementary to, but not in derogation of the provisions of these rules, for dealing with the Nazul Land]"

(2) In particular and without prejudice to the generality of the foregoing provisions, such directions may be given

(a) for removing any doubt or dispute or difficulty arising in giving effect to the provisions of these rules, or

(b) for dispensing with, or relaxing the requirement of any rule to such extent and subject to such exceptions and conditions as may be specified in the direction, in any particular case where the Central Government, for reasons to be recorded by it, is satisfied that the operation of any rule in that case causes undue hardship having regard to the objects of the Act.

FORM

(House Building Co-operative Societies)

(Group Housing Societies)

DELHI

ADMINISTRATION

(Land and Building Development)

(See Rule 23)

FORM 1

(House Building Co-operative Societies)

(Group Housing Societies)

DELHI

ADMINISTRATION

(Land and Building Development)

(See Rule 23)

PERPETUAL LEASE

THIS INDENTURE made on this.........day of.........one thousand nine hundred and.........BETWEEN THE PRESIDENT OF INDIA (hereinafter called "the Lessor") through the Delhi Development Authority (hereinafter called the Authority) of one part and.........a society registered under the Delhi Co-operative Societies Act, 1972, (Act 35 of 1972) and having its registered office at.........(hereinafter called "the Lessee") of the other part.

WHEREAS BY AN AGREEMENT dated the.........day of.........one thousand nine hundred and.........made between the parties hereto the Lessor granted a licence to the Lessee to enter upon the price of land measuring............Bighas and......... Biswas or thereabout situated at.........described in the schedule to the said Agreement (hereinafter called "the said land") for the purpose of development in accordance with the lay-out plan sanctioned by the proper municipal or other authority, namely.......... (hereinafter called "the lay out plan") and the Lessor had agreed to demise, after completion of the development, such residential plots carved out of the said land as may be determined in his absolute discretion by the Lieutenant-Governor of Delhi (hereinafter called "the Lieutenant Governor") to the Lessee in the manner hereinafter appearing.

AND WHEREAS the Lessee has developed the said land accordingly and the Lieutenant Governor has determined the residential plots to be demised (hereinafter called "the residential plots").

WHEREAS the Lessee has applied to the Lessor for the grant of a perpetual lease of the Nazul Land and the Lessor has agreed on the faith of the statements and the representations made by the Lessee, to grant a perpetual lease of the said Nazul land.

NOT THIS INDENTURE witness that, in consideration of the Lessee having paid to the Lessor Rs..........(Rupees......only) towards premium before the execution of these presents (the receipt whereof of the Lessor hereby acknowledges) and of the rent hereinafter reserved and of covenants on the part of the Lessee hereinafter contained, the Lessor doth hereby demise unto the Lessee ALL THAT plot of Nazul land containing by admeasurement a total area of.........or thereabouts situate at.................. which Nazul land comprising of residential plots (as shown on the lay out plan) more particularly described in the schedule hereinafter written and with boundaries thereof were granted clearances have been delineated on the lay-out plan annexed to these presents and thereon coloureded

TOGETHER with all rights, easements, and appurtenances whatsoever to the said Nazul land belonging or appertaining to HOLD the premises hereby demised unto the Lessee in perpetuity from this.........day of.......... one thousand nine hundred and............YIELDING AND PAYING therefor the yearly rent payable in advance of Rs.........(Rupees.........only) upto the.........day of......one thousand nine hundred and.........and thereafter at the rate of two and a half per cent of the premium (the sum already paid and such other sum or sums hereafter to be paid towards premium under the covenants and conditions hereinafter contained) or such other enhanced rent as may hereafter be assessed under the covenants and conditions hereinafter contained clear of all deductions, by equal half-yearly payments on the fifteenth day of January and the fifteenth day of July in each year at the Reserve Bank of India, New Delhi, or at such other place as may be notified by the Lessor for this purpose, from time to time, the first of such payments to be made on the fifteenth day of......one thousand nine hundred and............and the rent amounting to Rs.......(Rupees......only) from the date of commencement of this Lease to the last mentioned date having been paid before the execution of these presents.

Subject always to the exceptions, reservations, covenants and conditions hereinafter contained, that is to say, as follows:

I. The Lessor excepts and reserves unto himself all mines, minerals, coal, goldwashing earth, oils and quarries in or under the residential plots, and full right and power at all times to do all acts and things which may be necessary or expedient for the purpose of searching for, working, obtaining, removing and enjoying the same without providing or leaving any vertical support for the surface of the residential plots, or for any building for the time being standing thereon, provided always that the Lessor shall make reasonable compensation to the Lessee for all damages directly occasioned by the exercise of all the rights hereby reserved or any of them.

II. The Lessee covenants with the Lessor in the manner following, that is to say: (1) The sums shall be paid within such time such additional sum or sums towards premium as may be decided upon by the Lessor on account of the compensation awarded by the Land Acquisition Collector in respect of the said land or any part thereof being enhanced on reference or in appeal or both and the decision of the lessor in this behalf shall be final and binding on the lessee.

The yearly rent of two and a half per cent of the premium hereby reserved shall be calculated on the sum received cowards premium by the Lessor before the execution of these presents and on such additional sum or sums payable towards premium as provided herein from.........day of.........one thousand nine hundred and............

(2) The Lessee shall pay unto the Lessor the yearly rent hereby reserved on the days and in the manner herein appointed.

(3) The lessee shall not deviate in any manner from the lay-out plan nor alter the size of any of the residential plots whether by sub-division, amalgamation or otherwise.

(4) The Lessee shall not be entitled under any circumstances whatsoever directly or indirectly to assign, transfer or otherwise part with its rights in respect of the residential plots or any of them except in the manner hereinafter provided.

(5) (a) The Lessee shall sub-lease, within such time and on such premium a yearly rent as may be fixed by the Lessor, one residential plot to each of its members who or whose wife/husband or any of his/her dependent relatives including unmarried children does not own, in full or in part, on free-hold or lease-hold basis any residential plot or house in the urban areas of Delhi, New Delhi or Delhi Cantonment, and who may be approved by the Lieutenant Governor.

(b) The Lessee shall offer to every such person whose land, which formed part of the said land, has been acquired its membership and, if he is eligible according to the provisions of sub-clause (a) above, shall sublease to him such residential plot as the Lieutenant Governor may in his absolute direction direct on the same terms and conditions as are applicable to the original members of the Lessee.

(c) The Sub-Lease shall, as nearly as circumstances will permit, be in accordance with the form of the Sub-Lease attached hereto and marked'B' which has been approved by the Lessee and signed by.........(name and designation) of the Lessee for the purpose of identification and shall contain covenants similar to the covenants set out in the said form of Sub-Lease and such other proper and appropriate covenants, clauses and conditions as may be considered by the Lessor to be necessary or advisable having regard to the nature of the subletting and to any matters which may arise between the date of these presents and the execution of the said Sub-Lease or as may be rendered necessary by any Act of the Legislature or any rule, regulation or bye-law of the proper municipal or other authority, coming into force before the execution of the Sub-Lease and may also contain such other provisions as the Lessor may, on application by the Lease in this behalf, approve.

(d) A member of the Lessee to whom a residential plot will be sub-leased as herein provided and hereinafter referred to as "the Lessee" and the residential plot to be sub-leased to him as "the said residential plot".

(e) If any of the residential plot is not sub-leased or is surrendered by any of the Sub-lesses or has taken possession of by the lessee in any manner whatsover the Lessee shall forthwith surrender such residential plot to the Lessor and the Lessor may pay such compensation and make such reduction in the yearly rent as the Lessor may in his absolute discretion think proper. The Lessor may dispose of such plot in any manner and to whomsover he thinks proper.

(6) The Lessee doth hereby guarantee that

(a) Every Sub-Lessee shall, within a period of two years from the.........day of.........one thousand nine hundred and.........(and the timeso specified shall be the essence of the contract) after obtaining sanction to the building plan, with necessary designs plans and specifications from the proper municipal or other authority, at his own expenses, erect upon the said residential plot and complete in a substantial and workman-like manner a residential building for private dwelling with the requisite and proper walls, sewers and drains and other conveniences in accordance with the sanctioned building plan and to the satisfaction of such municipal or other authority;

(b) The Sub-Lessee will not deviate in any manner from the lay-out plan or sub-divide the said residential plot or amalgamate the same with any other plot;

(c) The Sub-Lessee will not sell, transfer, assign or otherwise part with the possession of the whole or any part of the said residential plot in any form or manner, benami or otherwise, to a person who is not a member of the Lessee;

(d) The Sub-Lessee will not sell, transfer, assign or otherwise part with the possession of the whole or any part of the said residential plot to any other member of the Lessee except with the previous consent in writing of the Lessor which he shall be entitled to refuse in his absolute discretion:

Provided that, in the event of the consent being given, the Lessor may impose such terms and conditions as he thinks fit and the Lessor shall be entitled to claim and recover a portion of the unearned increase in the value (i.e. the difference between the premium paid and the market value) of the said residential plot at the time of sale, transfer, assignment, or parting with the possession, the amount to be recovered being fifty per cent of the unearned increase and the decision of the Lessor in respect of the market value shall be final and binding.

PROVIDED FURTHER that the Lessor shall have the pre-emptive right to purchase the property after deducting fifty per cent of the unearned increase as aforesaid.

(7) Notwithstanding anything contained in sub-clause (6)(c) and (6)(d) above, the Sub-Lessee may, with the previous consent in writing of the Lieutenant Governor, mortgage or charge the said residential plot to such person as may be approved by the Lieutenant Governor in his absolute discretion.

Provided that, in the event of the sale or fore-closure of the mortgaged or charged property, the lessor shall be entitled to claim and recover the fifty per cent of the unearned increase in the value of the said residential plot as aforesaid, and the amount of the Lessor's share of the said unearned increase shall be a first charge, having priority over the said mortgage or charge. The decision of the Lessor in respect of the market value of the said residential plot shall be final and binding on all parties concerned. PROVIDED FURTHER that the lessor shall have the pre-emptive right to purchase the mortgaged or charged property after deducting fifty per cent of the unearned increase as aforesaid.

(8) The Lessor's right to the recovery of fifty per cent of the unearned increase and the pre-emptive right to purchase the property as mentioned hereinbefore shall apply equally to an involuntary sale or transfer whether it be by or through an executing or insolvency court.

(9) Notwithstanding the restrictions, limitations and conditions as mentioned in sub-clauses (6)(c) and (6)(d) above the Sub-Lessee shall be entitled to sublet the whole or any part of the building that may be erected upon the said residential plot for the purposes of private dwelling only on a tenancy from month to month or for a term not exceeding five years.

(10) Whenever the title of a Sub-Lessee in the said residential plot is transferred in any manner whatsoever the transferee shall be bound by all the covenants and conditions contained herein or contained in the SubLease and be answerable in all respects therefor in so far as the same may be applicable to, affect and relate to the said residential plot.

(11) Whenever the title of a Sub-Lessee in the said residential plot is transferred in any manner whatsover, the transferor and the transferee shall, within three months of their transfer, give notice of such transfer in writing to the Lessor and the Lessee. In the event of the death of a Sub-Lessee the person on whom the title of the deceased devolves shall, within three months of the devolution, give notice of such devolution to the Lessor and the Lessee. The transferee or the person on whom the title devolves, as the case may be, shall supply the Lessor and the Lessee certified copis of the document(s) evidencing the transfer or devolution.

(12) The Lessee shall from time to time and at all times pay and discharge all rates, taxes, charges and assessments of every description which are now or may at any time hereafter during the continuance of this Lease be assessed, charges or imposed upon the residential plots hereby demised or on any buildings to be erected thereupon or on the landlord or tenant in respect thereof.

(13) All arrears of rent and other payments due in respect of the residential plots hereby demised or any of them shall be recoverable in the same manner as arrears of land revenue.

(14) The Lessee or a Sub-Lessee, as the case may be, shall in all respects comply with and be bound by the building, drainage and other bye-laws of the proper municipal or other auhtority for the time being in force.

(15) The Lessee or a Sub-Lessee, as the case may be, shall not without sanction or permission in writing of the proper municipal or other authority erect any building or make any alteration or addition to such building on the demised residential plot or plots,

(16) The Lessee or a Sub-Lessee, as the case may be, shall not without the written consent of the Lessor carry on, or permit to be carried on, on any residential plot or in any building thereon any trade or business whatsoever or use the same or permit. the same to be used for any purpose other than that of private dwelling or do or suffer to be done therein any act or thing whatsoever which in the opinion of the Lessor may be a nuisance, annoyance or disturbance to the Lessor, the Lessee, other sub-lessees and persons living in the neighbourhood.

PROVIDED that, if the Lessee or a Sub-Lessee, as the case may be, is desirous of using any residential plot or the building thereon for a purpose other than that of private dwelling, the Lessor may allow such change of user on such terms and conditions, including payment of additional premium and additional rent, as the Lessor may in his absolute discretion determine.

(17) The Lessee or Sub-Lessees, as the case may be, shall at all reasonable times grant access to the residential plots to the Lt. Governor for being. satisfied that the covenants and conditions herein contained have been and are being complied with.

(18) The Lessee save as provided in Clause VII, and the Sub-Lessees shall on the determination of this Lease peaceably yield up the residential plots and the buildings thereon unto the Lessor. III. If the sum or sums payable towards the premium or the yearly rent hereby reserved or any part thereof shall at any time be in arrear and unpaid for one calendar month next after any of the days whereon the same shall have become due, whether the same shall have been demanded or not, or if it is discovered that this Lease or any Sub-Lease has been obtained by suppression of any fact or by any misstatement, misrepresentation or fraud or if there shall have been in the opinion of the Lessor, whose decision shall be final, any breach by the Lessee or by any person claiming through or under it if any of the covenants or conditions herein contained and on its part to be preserved or performed, then and in such case, it shall be lawful for the Lessor, notwithstanding the waiver of any previous cause or right of re-entry upon the residential plots hereby demised and the buildings thereon, to re-enter upon and take possession of the residential plots or any of the sub-leased plots and the buildings and fixtures thereon in respect of which any sum or rent has been in arrear, or such suppression, misstatement, misrepresentation or fraud or breach has been committed and thereupon this demise and every thing herein contained shall cease and be determined in respect of the residential plots of the sub-leased plot or plots so re-entered upon and the Lessee and the Sublessee(s) shall not be entitled to any compensation whatsoever, nor to the return of any premium paid.

PROVIDED that notwithstanding anything contained herein to the contrary, the lessor may without prejudice to his right of re-entry as aforesaid, and in his absolute discretion, waive or condone breaches, temporarily or otherwise, on receipt of such amount and on such terms and conditions as may be determined by him and may also accept the payment of the said sum or sums or the rent which shall be in arrear as aforesaid together with interest at the rate of six per cent per annum.

IV. No forfeiture or re-entry shall be effected until the Lessor has served on the Lessee and the Sub-Lessee concerned a notice in writing:

(a) specifying the particular breach complained of, and

(b) if the breach is capable of remedy, requiring the Lessee and the SubLessee concerned to remedy the breach and if the lessee and the SubLessee concerned fail within such reasonable time as may be mentioned in the notice to remedy the breach if it is capable of remedy, and in the event of forfeiture or re-entry the Lessor may in his discretion relieve against forfeiture on such terms and conditions as he thinks proper.

Nothing in this clause shall apply to forfeiture or re-entry:

(a) for breach of covenants and conditions relating to sub-division or amalgamation, erection and completion of buildings, within the time provided and transfer of any of the residential plots as mentioned in Clause II, or

(b) in case this Lease or any Sub-Lease has been obtained by suppression of any fact, misstatement, misrepresentation or fraud.

V. The rent hereby reserved shall be enhanced from the first day of Janaury one thousand nine hundred and ______________thereafter at the end of such successive period of thirty years provided that the increase in the rent fixed at each enhancement shall not at each such time exceed one half of the increase in the letting value of the site without buildings at the date on which the enhancement is due and such letting value shall be assessed by the Collector or Additional Collector of Delhi as may be appointed by the Lessor. PROVIDED ALWAYS that any such assessment of the letting value for the purpose of this provision shall be subject to the same right on the part of the Lessee of appeal from the orders of the said Collector or Additional Collector and within such time as if the same were an assessment by a Revenue Officer under the Punjab Land Revenue Act, 1887 (Act XVII of 1887), or any amending Act for the time being in force and the proceedings for or in relation to any such appeal shall be in all respects governed by the provisions of the said Act in the same manner as if the same had been taken thereunder.

VI. The Lessor shall, in addition to all his other rights, have the right, in the event of failure of the Lessee to observe and perform any of the covenants and conditions herein contained, to require and enforce the performance and compliance therewith from the Sub-Lessee so far as these relate to the residential plot sub-leased to him, and to realise directly from the Sub-Lessee the yearly rent and all other sums due and payable by him under the Sub-Lease to the lessee.

VII. In the event of the dissolution of the lease, for whatever cause, this lease shall stand determined, and (a) the Sub-Lessee shall be deemed to be the successor-in-interest of the lessee under these presents, and all rights and obligations of the lessee hereunder shall devolve upon the Sub-Lessee in so far as these pertain to the residential plot sub-leased to him and he shall observe and perform the said obligations to the Lessor, and

(b) the Lessor shall be deemed to be the successor-in-interests of the lessee under the Sub-Lease and all rights and obligations of the Lessee thereunder shall devolve upon the lessor, and the Sub-Lessee shall observe and perform his obligations under the Sub-Lessee to the Lessor.

VIII. In the event of any question, dispute or difference, arising under these presents, or in connection therewith (except as to any matters the decision of which is specially provided by these presents), the same shall be referred to the sole arbitration of the Lieutenant Governor or any other person appointed by him. It will be no objection that the arbitrator is a Government servant, and that he has to deal with the matters to which the Lease relates, or that in the course of his duties as a Government servant he has expressed views on all or any of the matters in dispute or difference. The award of the arbitrator shall be final and binding on the parties. The arbitrator may, with the consent of the parties, enlarge the time, from time to time, for making and publishing the award. Subject as aforesaid the Arbitration Act, 1940 and the Rules thereunder and any modifications thereof for the time being in force shall be deemed to apply to the arbitration proceedings under this Clause.

IX. All notices, orders, directions, consents or approvals to be given under this Lease shall be in writing and shall be signed by such officer as may be authorised by Lieutenant Governor and shall be considered as duly served upon the lessee if the same shall have been delivered at or sent by post to the registered office of the Lessee and upon a Sub-Lessee or any person claiming any right to a residential plot if the same shall have been affixed to any building or erection whether temporary or otherwise upon the said residential plot or shall have been delivered at or sent by post to the then residence, office or place of business or usual or last known residence, office or place of business of the Sub-Lessee or such person.

X. (a) All powers exercisable by the Lessor under this lease may be exercised by the Lieutenant Governor. The Lessor may also authorise any other office or officers to exercise all or any of the powers exercisable by him under this lease.

(b) The Lieutenent Governor may authorise any officer or officers to exercise all or any of the powers which he is empowered to exercise under this lease except the powers of the lessor exercisable by him by virtue of subclause (a) above.

XI. In this Lease, the expression "the Lieutenant Governor" means the Lieutenant Governor of Delhi for the time being or, in case his designation is changed or his office is abolished, the officer who for the time being is entrusted, whether or not in addition to other functions, with the functions similar to those of the Lieutenant Governor by whatever designation such officer may be called. The said expression shall further include such officer as may be designated by the lessor to perform the functions of the Lieutenant Governor under this Lease. XII. The expressions "the Lessor" and "the Sub-Lessee" hereinbefore used shall where the context so admits include, in the case of the lessor, his successor and assigns, and in the case of the Sub-Lessee his heirs, executors, administrators or legal reresentatives and the person or persons in whom the sub-leased interest created by a sub-lease shall for the time being is vested by assignment or otherwise and the expression "the Lessee" hereinbefore used shall mean the Society.

XIII. This lease is granted under the Government Grants Act, 1895 (Act XV of 1895).

IN WITNESS WHEREOF Shri _________________________for and on behalf of and by the order and direction of the lessor has hereupon set his hand and the common seal of the Lessor has hereunto been affixed this day and year first above written.

Signed by ........................................... for and on behalf of and by the order and direction of the President of India (Lessor)

In the presence of

(1) Shri........................................... The Common Seal of ........................................... (SEAL) Society (Lessee) is hereby affixed in the presence of Shri ........................................... (Name and Designation) in pursuance of bye-law No............... of the ........................................... Society (Lessee)/Resolution No.......... Dated the ........................................... of the Managing Committee of the Society (Lessee) and the said Shri ........................,.................. has signed in the presence of ...........................................

(1) Shri ...........................................

(2) Shri ...........................................

FORM

DELHI

ADMINISTRATION

(Land and Building Development)

(See Rule 23)

FORM 2

DELHI

ADMINISTRATION

(Land and Building Development)

(See Rule 23)

PERPETUAL LEASE

This Indenture made this.............................day of.........one thousand nine hundred and.....................BETWEEN THE PRESIDENT OF INDIA (hereinafter called "the Lessor" through the Delhi Development Authority, a body constituted under Section 3 of the Delhi Development Act, 1957 (No. 61 of 1957) hereinafter called the 'Authority' of the one part and................... a society, registered under the Delhi Co-operative Societies Act, 1972 (Act 35 of 1972) and having its registered office...............hereinafter called the lessee' of the second part and Shri/Shrimati.......................(hereinafter called "the Sub-Lessee") of the third part Whereas by a lease executed on the............. day of............. on thousand nine hundred and..............and registered in the office of the Registrar/Sub-Registrar, Delhi/New Delhi (hereinafter called "the lease") the Lessor demised unto the Lessee in perpetuity the residential plots as mentioned therein.

And whereas under the Lease the Lessee has to sub-lease on such premium and yearly rent as may be fixed by the Lessor, one residential plot to each of the members of the Lessee who may be approved by the Lt. Governor of Delhi (hereinafter called the "Lt. Governor").

And whereas the Sub-Lessee has applied to the Lessee for the grant of a perpetual sub-lease of a residential plot and, on the faith of the statements and representations made by the Sub-Lessee, the'Lessee, has agreed to grant and the Lessor has agreed to conform a perpetual sub-lease of a residential plot.

And whereas on an application by the Lessee the Lessor has fixed the amount to be paid initially towards premium before the execution of these presents (and the Lessor shall fix subsequently additional sum or sums payable towards premium as provided in the covenants hereinafter contained) and the yearly rent of the residential plot hereby sub-leased.

And whereas that Lt. Governor has approved the Sub-Lease.

Now, this indenture witnesseth that in consideration of the Sub-Lessee having paid to the Lessee Rs.............. (Rupees.......... only) towards premium and Rs........... (Rupees.........only) towards development before the execution of these presents (the receipt whereof the Lessee hereby acknowledges) and of the rent hereinafter reserved and of the covenants on the part of the Sub-Lessee hereinafter contained, the Lessee doth hereby sub-lease and the Lessor doth hereby confirm demise unto the Sub-Lease ALL THAT plot of land being the residential plot No........Block No..........in the layout plan of............containing by a measurement an area of........or thereabouts situate at..................... which residential plot is more particularly described in the schedule hereunder written and with boundaries thereof for greater clearness has been delineated on the plan annexed to these presents and thereon coloured red (hereinafter referred to as "the residential plot") Together with all rights, casements and appurtenances what saver to the said residential plot belonging or appertaining (subject to the exceptions and reservations contained in the Lease) To Hold the premises hereby sub-leased to the Sub-Lessee in perpetuity from..................... day of....... one thousand nine hundred and................... Yielding and Paying therefor yearly rent payable in advance of Rs............ (Rupees.............) upto the.................. day of........... one thousand nine hundred and............and thereafter at the rate of two and a half per cent of the premium (the sum already paid and such other sum or sums hereafter to be paid towards premium under the covenants and conditions hereinafter contained) or such other enhanced rent as may hereafter be assessed under the covenants and conditions hereinafter contained clear of all deductions by equal half yearly payments on the first day of January and the first day of July in each year at the registered office of the Lessee or at such other place as may be notified by the Lessee for this purpose, from lime to time, the first of such payments to be made on the first day of.........one thousand nine hundred...... ... and the rent amounting to Rs.......(Rupees............only) from..........day of..........one thousand nine hundred......upto......day of.........one thousand nine hundred......and ground rent at the rate of two and a half per cent (2.5 per cent) of the premium herein mentioned above from................ day of............. one thousand nine hundred........... upto.......... day of...........one thousand nine hundred............ having been paid before the execution of these presents and the sub-lessee has agreed to pay further yearly ground rent at the rate of Rs.........(Rupees...........) payable by half yearly payments as herein mentioned above.

Subject always to the exceptions, reservations, covenants and conditions contained in the Lease and hereinafter contained, that is to say, as follows:

I. The lessor excepts and reserves unto himself all mines, minerals, coals, goldwashing earth, oil and quaries in or under the residential plot, and full right and power at all times to do all acts and things which may be necessary or expedient for the purpose of searching for, working, obtaining, removing and enjoying the same without providing or leaving any vertical support for the surface of the residential plot or for any building for the time being standing thereon provided always that the Lessor shall make reasonable compensation to the Lessee and/or the Sub-Lessee as may be entitled for all .damages directly occasioned by the exercise of the rights, hereby reserved or any of them.

II. The Sub-Lessee for himself, his heirs, executors, administrators, assigns covenants with the Lessee and the Lessor in the manner following, that is to say:

(1) The sub-Lessee shall pay to the Lessee within such time an additional sum or sums towards premium in respect of the residential plot as may be decided upon and fixed by the Lessor on account of the compensation awarded by the Land Acquisition Collector being changed on reference or in appeal or both as mentioned in sub-clauses (1) and (6)(a) of Clause II of the Lease and the decision of the Lessor in this behalf shall be final and binding on the Sub-Lessee and the Lessee.

The yearly rent of two and a half per cent of the premium hereby reserved shall be calculated on the sum received towards premium by the Lessee before the execution of these presents and on such additional sum or sums payable towards premium as provided herein from................ day of.................one thousand nine hundred and...............

(2) The Sub-Lessee shall pay upto the Lessee the yearly rent hereby reserved on the days and in the manner herein before appointed.

(3) The Sub-Lessee shall not deviate in any manner from the lay-out plan nor alter the size of the residential plot whether by sub-division, amalgamation or otherwise.

(4) The Sub-Lessee shall at all times duly perform and observe all the covenants and

conditions which are contained in the Lease on the part of the Lessee or Sub-Lessee thereunder to be performed and observed in so far as the same may be applicable to affect and relate to the residential plot sub-leased to him.

(5) The Sub-Lessee shall, within a period of two years from the...........day of..........one thousand nine hundred........(and the time so specified shall be the essence of the contracts after obtaining sanction to the building plan, with necessary designs, plans and specifications from the proper municipal or other authority, at his own expense, erect upon the residential plot and complete substantial work in like manner a residential building for private dwelling with the requisite and proper walls; sewers and drains and other conveniences in accordance with the sanctioned building plan and to the satisfaction of such municipal or other authority.

(6) (a) The Sub-Lessee shall not sell, transfer, assign or otherwise part with the possession of the whole or any part of the residential plot in any form or manner, benami or otherwise, to a person who is not a member of the Lessee.

(b) The Sub-Lessee shall not sell, transfer, assign or otherwise part with the possession of the whole or any part of the residential plot to any other member of the Lessee except with the previous consent in writing of the Lessor which he shall be entitled to refuse in his absolute discretion;

Provided that the Lt. Governor reserves the right to resume, Lessor may impose such terms and conditions as he thinks fit and the Lessor shall be entitled to claim and recover a portion of the unearned increase in the value (i.e. the difference between the premium paid and the market value) of the residential plot at the time of sale, transfer, assignment, or parting with the possession, the amount to be recovered being fifty per cent of the unearned increase and the decision of the Lessor in respect of the market value shall be final and binding: Provided further that the Lessor shall have the pre-emptive right to purchase the property after deducting fifty per cent of the unearned increase as aforesaid.

(c) Notwithstanding anything contained in sub-clauses (c) and (b), above, the Sub-Lessee may, with the previous consent in writing of the Lt. Governor mortgage or charge the residential plot to such person as may be approved by the Lt. Governor in his absolute discretion;

Provided that the Lt. Governor reserves the right to resume any plot or part thereof on payment of reasonable compensation which may be required for the development of the area like laying of Sewerage, Trunk Service, Electric and Telephone wires and water supply lines, etc., or such other purposes which may be deemed of public and Geneal utility:

Provided that, in the event of the sale of foreclosure of the mortgaged or charged property, the Lessor shall be entitled to claim and recover fifty per cent of the unearned increase in the value of the residential plot as aforesaid, and the amount of the Lessor's share of the said unearned increase shall be a first charge having priority over the said mortgage or charge. The decision of the Lessor in respect of the market value of the said residential plot shall be final and binding on all parties concerned; Provided further that the Lessor shall have the pre-emptive right to purchase, mortgage or charge the property after deducting fifty per cent of the unearned increase as aforesaid.

(7) The Lessor's right to the recovery of fifty per cent of the unearned increase and the pre-emptive right to purchase the property as mentioned hereinbefore shall apply equally to an involuntary sale or transfer whether it be by or through an executing or insolvency court.

(8) Notwithstanding the restrictions, limitations and conditions as mentioned in sub-clauses (6)(a) and (c) above, the Sub-Lessee shall be entitled to sublet the whole or any part of the building that may be erected upon the residential plot for the purpose of private dwelling only on a tenancy from month to month or for a term not exceeding five years.

(9) Whenever the title of the Sub-Lessee in the residential plot is transferred in any manner whatsover the transferee shall be bound by all covenants and conditions contained herein or contained in the Lease and be answerable in all respects therefor in so far as the same may be applicable to effect and relate to the residential plot.

(10) Whenever the title of the Sub-Lease in the residential plot is transferred in any manner whalsover the transferor and the transferee shall, within three months of the transfer, give notice of such transfer, in writing to the Lessor and the Lessee.

In the event of the death of the Sub-Lessee the person on whom the title of the deceased devolves shall within three months of the devolution, give notice of such devolution to the landlord or tenant in respect thereof. The transferee or the person on whom the title devolves, as the case may be, shall supply the Lessor and Lessee certified copies of the document(s) evidencing the transfer on devolution.

(11) The Sub-Lessee shall from time to time and at all times pay and discharge all rates, taxes, charges and assessments of every description which are not or may at any time hereafter during the continuance of this Sub-Lease be assessed, charged or imposed upon the residential plot hereby subleased or on any buildings to be erected thereupon or on the landlord or tenant in respect thereof.

(12) All arrears of rent and other payments due in respect of the residential plot hereby sub-leased shall, in the event of the same becoming recoverable by the Lessor, be recoverable by the Lessor in the same manner as arrears of land revenue.

(13) The Sub-Lessee shall in all respects comply with and be bound by the building, drainage and other bye-laws of the proper municipal or other authority for the time being in force.

(14) The Sub-Lessee shall not without the sanction or permission in writing of the proper municipal or other authority erect any building or make an alteration or addition to such building on the residential plot.

(15) The Sub-Lessee shall not, without the written consent of the lessor, carry on or permit to be carried on, on the residential plot or in any building thereon any trade or business whatsoever or use the same or permit the same to be used for any purpose other than that of private dwelling or do or suffer to be done therein any act or thing whatsover which in the opinion of the Lessor may be a nuisance, annoyance or disturbance to the Lessor, the Lessee and other Sub-Lessee and persons living in the neighbourhood;

Provided that, if the Sub-Lessee is desirous of using the said residential plot or the building thereon for a purpose other than that of private dwelling the Lessor may allow such change of user on such terms and conditions, including payment of additional premium and additional rent, as the Lessor may in his absolute discretion determine.

(16) The Sub-Lessee shall at all reasonable times grant access to that residential plot to the Lt. Governor and the Lessee for being satisfied that covenants and conditions contained herein and in the Lease have been and are being complied with.

(17) The Sub-Lessee shall on the determination of this Sub-Lease peaceably yield up the residential plot and the building thereon upon the Lessee or the Lessor, as may be entitled.

III. If the sum or sums payable towards the premium or the yearly rent hereby reserved for any unforeseen expenditure to be made hereinafter by the LESSEE on any item of development to be carried out in terms of clause III of the agreement or the instructions issued by the Lt. Governor or the directions given by the local bodies in this behalf or any parts thereof shall at any time be in arrear and unpaid for one calendar month next after any of the day whereon the same shall have become due, whether the same shall have been demanded or not, or if it is discovered that this Sub-Lease has been obtained by suppression of any fact or by any mis-statement, mis-representation or fraud or, if there shall have been, in the opinion of the Lessee or the Lessor, and the decision of the Lessor shall be final, any breach by the Sub-Lessee or any person claiming through or under him of any of the covenants or conditions contained herein and in the Lease and on his part to be observed or performed, then and in any such case, it shall be lawful the Lessor or the Lessee with the prior consent in writing of the Lessor, notwithstanding the waiver of any previous cause or rights of re-entry upon the residential plot hereby sub-leased and the buildings thereon, to re-enter upon and take possession of the residential plot and the buildings and fixture thereon, and thereupon this Sub-Lease and everything therein contained shall cease and determine in respect of residential plot so reentered upon, and the sub-Lessee shall not be entitled to any compensation whatsover nor to the return of any premium paid by him;

Provided that, notwithstanding anything contained herein to the contrary the Lessor, in his absolute discretion, or the Lessee with the prior consent in writing of the Lessor, may, without prejudice to the right of re-entry as aforesaid waive or condone, breaches, temporarily or otherwise, on receipt of such amount by the Lessor or by the Lessee, on behalf of the Lessor and on such terms and conditions as may be determined by the Lessor and the Lessor or the Lessee whoever may be entitled may also accept the payment of the said sum or sums or the rent which shall be in arrear as aforesaid together with interest at the rate of six per cent per annum. The amounts for waiver or condonation received by the Lessee from the Sub-Lessee shall be paid forthwith by the Sub-Lessee to the Lessee or the Lessor subject to such deductions as the Lessor may, in his absolute discretion, allow to be retained by the Lessee.

IV. No forfeiture or re-entry shall be affected until the Lessor or the Lessee has served on the Sub-Lease a notice in writing:

(a) specifying the particular breach complained of, and

(b) if the breach is capable of remedy, requiring the Sub-Lessee to remedy the breach, and if the Sub-Lessee fails within such reasonable time as may be mentioned in the notice to remedy the breach if it is capable of remedy, and in the event of forfeiture or re-entry the Lessor in his discretion or the Lessee, with the prior consent in writing of the Lessor, may relieve against forfeiture on such terms and conditions as the Lessor thinks proper.

Nothing in this clause shall apply to forfeiture or re-entry,

(a) for breach of covenants and conditions relating to sub-division of amalgamation, erection and completion of building within the time provided and transfer of the residential plot as mentioned in Clause II, or

(b) in case the Sub-Lease has been obtained by suppression of any fact mis-statement, mis-representation or fraud.

V. The rent hereby reserved shall be enhanced by the Lessor from the first day of January one thousand nine hundred..........and thereafter at the end of successive period of thirty years, provided that the increase in the rent fixed at each enhancement shall not at each such time exceed one half of the increase in the letting value of the site without building on the date on which the enhancement is due and such letting value shall be assessed by the Collector or Additional Collector of Delhi as may be appointed by the Lessor;

Provided always that such assessment of letting value for the purpose of this provsion shall be subject to the same right on the part of the Sub-Lessee of appeal from the orders of the said Collector or Additional Collector and within such time as if the same were an assessment by a Revenue Officer under the Punjab Land Revenue Act, 1887 (Act XVII of 1887), or any amending Act for the time being in force and the proceedings for or in relation to any such appeal shall be in all respects governed by the provisions of the said Act in the same manner as if the same had been taken thereunder;

VI. The Lessor shall, in addition to all his other rights have the right in the event of the failure of the Lessee to observe and perform any of the covenants and conditions contained in the Lease to rquire and enforce the performance and compliance therewith from the Sub-Lessee so far as those relate to the residential plot sub-leased to him and to realise directly from the Sub-Lessee the yearly rent and all other sums due and payable by him thereunder to the Lessee. VII. In the event of the dissolution of the Lessee, for whatsover cause, the Lease shall stand determined and

(a) the Sub-Lessee shall be deemed to be the successor-in-interest of the Lessee under the Lease and all rights and obligations of the Lessee thereunder shall devolve upon the Sub-Lessee in so far as those pertain to the residential plot thereby sub-leased to him and he shall observe and perform the said obligations to the Lessor; and

(b) the Lessor shall be deemed to be the successor-in-interest of the Lessee under these presents, and all rights and obligations of the Lessee hereunder shall devolve upon the Lessor, the Sub-Lessee shall observe and perform his obligations under this Sub-Lease to the Lessor.

VIII. In the event of any question, dispute or difference arising under these presents, or in connection therewith (except as to any matters the decision of which is specially provided by these presents),"the same shall be referred in the sole arbitration of the Lt. Governor or any other person appointed by him. It will be no objection that the arbitrator is a Government servant, and that he has to deal with the matters to which the Lease or the Sub-Lease relates, or that in the course of his duties as a Government servant he has expressed views on all or any of the matters in dispute or difference. The award of the arbitrator shall be final and binding on the parties.

The arbitrator may, with the consent of the parties, enalrge the time from time to time, for making and publishing the award. Subject as aforesaid, the Arbitration Act, 1940 and the Rules thereunder and any modifications thereof for the time being in force shall be deemed to apply to the arbitration proceedings under this Clause.

IX. All notices, orders, discretions, consents of approvals to be given under this Sub-Lease shall be in writing and shall be signed by such officer as may be authorised by the Lt. Governor when the same are given on behalf of the Lessor or the Lt. Governor, or by such person as may be authorised by the Lessee, when the same are given on its behalf, and shall be considered as duly served upon the Sub-Lessee or any person claiming any right to the residential plot if the same shall have been affixed to any building or creation whether temporary or otherwise upon the residential plot or shall have been delivered at or sent by post to the then residence, office or place of business or usual or last known residence, office or place of business of the Sub-Lessee or such person. X. (a) All powers exercisable by the Lessor under this Sub-Lease may be exercised by the Lt. Governor, the Lessor may also authorise any other officer or officers to exercise all or any of the powers exercisable by him under this Sub-Lease.

(b) The Lt. Governor may authorise any office or offices to exercise all or any of the powers which he is empowered to exercise under this Sub-Lease except the powers of the Lessor exercisable by him by virtue of Sub-Clause (a) above.

XI. In this Sub-Lease, the expression "the Lt. Governor" means the Lt. Governor of Delhi for the time being or, in case his designation is changed or his office is abolished, the officer who for the time being is entrusted, whether or not in addition to other function with the functions similar to those of the Lt. Governor by whatever designation such officer may be called. The said expression shall further include such officer as may be designated by the Lessor to perform the functions of the Lieutenant Governor under this Sub-Lease.

XII. The expression "the Lessor" and "the Sub-Lessee" hereinafter used shall where the context so admits include, in the case of the Lessor, his successors and assigns, and in the case of the Sub-Lessee, his heirs, executors, administrators or legal representatives and the person or persons in whom the sub-leased interest created by the Sub-Lease shall for the time being be vested by assignment or otherwise, and the expression "the Lessee" hereinafter used shall mean the......................Society.

In witness whereof Shri.............................................for and on behalf of landlord by the order and direction of the Lessor has hereto set his hand the Common Seal of the Lessee has hereunto been affixed and Shri/Shrimati ............................................. the Sub-Lessee has hereinto set his/her hand the day and year first above written.

THE SCHEDULE ABOVE REFERRED TO

All that plot of land being the residential plot No..............in Block No.............in the lay-out plan of................sanctioned by the standing Committee of the Municipal Corporation of Delhi/New Delhi Municipal Committee/Delhi Development Authority/Delhi Cantonment Board by Resolution No............... Dated the day of.................... one thousand nine hundred.......................and measuring.............................or thereabout bounded as follows:

North.......................

East........................

Society (Lessee) is hereby affixed in the presence of Shri..............................(Name and Designation) in pursuance of bye-law No...............of the................................... Society ....................... (Seal) .......................... (Lessee)/Resolution No............ dated the ..............of the................Managing Committee of the ...........................Society .......................... (Lessee) and the said Shri ................................. has signed in the presence of:

(1) Shri ............................

(2) Shri ............................ Signed by Shri/Shrimati.......................... (Sub-Lessee) In the presence of:

(1) Shri ............................

(2) Shri ............................

FORM

(See Rule 43)

DELHI

ADMINISTRATION

(LAND AND BUILDING DEPARTMENT)

FORM 3

(See Rule 43)

DELHI

ADMINISTRATION

(LAND AND BUILDING DEPARTMENT)

PERPETUAL LEASE

The identure made this.................day of..............one thousand nine hundred and ...............Between the President of India (hereinafter called "the Lessor") of the one part and Shri/Shrimati, M/s.................................................... (hereinafter called "the Lessee") of the second part. Whereas the Lessee has applied to the Lessor for the grant of a lease of the plot of land, belonging to the Lessor, hereinafter described and the Lessor has on the faith of the statements and representations made by the Lessee accepted such application and has agreed to demise the said plot to the Lessee in the manner hereinafter appearing.

Now this indenture witnessed that, in consideration of the amount of Rs.......... (Rupees...........only) paid towards premium before the execution of these presents (the receipt whereof the Lessor hereby acknowledges) and the rent hereinafter reserved and of the covenants on the part of the Lessee hereinafter contained, the Lessor both hereby demise upto the Lessee all that plot of land being the Residential Plot No............. Block No........in the lay out plan of....................containing by admeasurement an area of.............of thereabouts situate at................. which Residential plot is more particularly described in the scheduled hereunder written and with boundaries thereof for greater clearness has been delineated on the plan annexed to these presents and thereon coloured red (hereinafter referred to as the residential plot). Together with all rights, easements and appurtenances whatsover to the said residential plot belonging or appertaining to hold the premises unto the Lessee in perpetuity from............day of ..............one thousand nine hundred and...........yielding and payiang therefor yearly rent payable in advance of Rs................(Rupees ..................only) upto the day of ......................one thousand nine hundred......................and thereafter at the rate of two and a half per cent of the premium (the sums already paid and such other sum or sums hereinafter to be paid towards premium under the covenants and conditions hereinafter contained) or such other enhanced rent as may hereinafter be assessed under the covenants and conditions hereinafter contained clear of all deductions by equal halfyearly payments on the fifteenth day of January and the fifteenth day of July in each year at the Reserve Bank of India, New Delhi or at such other place as may be notified by the Lessor for this purpose, from time to time, the first of such payments to be made on the fifteenth day of....................one thousand nine hundred and...........and the rent amounting to Rs......... (Rupees................only) from the date of commencement of this Lease to the last mentioned date having been paid before the execution of these presents.

Subject always to the exceptions, reservations, covenants and conditions hereinafter contained, that is to say, as follows:

1. The Lessor excepts and reserves unto himself all mines, minerals, coals, goldwashing, earth oils and quarries in or under the residential plot, and full rights and power at all times to do all acts and things which may be necessary or expedient for the purpose of searching for working, obtaining, removing and enjoying the same without providing or leaving any vertical support for the surface of the residential plot or for any building for the time being standing thereon, provided always that the Lessor shall make reasonable compensation to the Lessee for all damages directly occasioned by the exercise of the rights hereby reserved or any of them.

II. The Lessee for himself, heirs, executors and administrators and assigns covenants with the Lessor in the manner following, that is to say:

(1) The Lessee shall pay within such time such additional sum or sums towards premium as may be decided upon by the Lessor on account of the compensation awarded by the Land Acquisition Collector being enhanced on reference or in appeal or both and the decision of the Lessor in this behalf shall be final and binding on the Lessee.

(2) The yearly rent of two and a half per cent of the premium hereby reserved shall be calculated on the sum received towards premium by the Lessor before the execution of these presents and on such additional sum or sums payable towards premium as provided herein from.......................day of ...............one thousand nine hundred and................

(3) The Lessee shall pay unto the Lessor the yearly rent hereby reserved on the days and in the manner hereinbefore appointed.

(4) The Lessee shall not deviate in any manner from the lay-out plan not after the size of the residential plot whether by sub-division, amalgamation or otherwise.

(5) The Lessee shall, within a period of two years from the...............day of ..............one thousand nine hundred...................(and the time so specified shall be of the essence of the contract) after obtaining sanction to the building plan, with necessary designs, plans and specifications from the proper municipal or other authority, at his own expenses erect upon the residential plot and complete in a substantial and workman-like manner a residential building for private dwelling with the requisite and proper walls, sewers and drains and other conveniences in accordance with the sanctioned building plans to the satisfaction of such municipal or other authority.

(6) (a) The Lessee shall not sell, transfer, assign or otherwise part with the possession of the whole or any part of the residential plot except with the previous consent in writing of the Lesser which he shall be entitled to refuse in his absolute discretion;

Provided that, such consent shall not be given for a period of ten years from the commencement of this Lease unless in the opinion of the Lessor, exceptional circumstances exist for the grant of such consent; Provided further, that, in the event of the consent being given, the Lessor may impose such terms and conditions as he thinks fit and the Lessor shall be entitled to claim and recover a portion of the unearned increase in the value (i.e., the difference between the premium paid and the market value) of the residential plot at the time of sale, transfer, assignment or parting with the possession, the amount to be recovered being fifty per cent of the unearned increase and the decision of the Lessor in respect of the market value shall be final and binding:

Provided further that the Lessor shall have the pre-emptive right to purchase the property after deducting fifty per cent of the unearned increase as aforesaid;

(b) Notwithstanding anything contained in sub-clause (a) above the Lessee may, with the previous consent in writing of the Lieutenant Governor of Delhi (hereinafter called "the Lieutenant Governor") mortgage or charge the residential plot to such person as may be approved by the Lieutenant Governor in his absolute discretion;

Provided that in the event of the sale or foreclosure of the mortgaged or charged property, the Lessor shall be entitled to claim and recover fifty per cent of the unearned increase in the value of the residential plot as aforesaid and the amount of the Lessor's share of the said unearned increase, shall be a first charge, having priority over the said mortgage or charge. The decision of the Lessor in respect of the market value of the said residential plot shall be final and binding on all parties concerned.

Provided further that the Lessor shall have the pre-emptive right to purchase the mortgaged or charged property after deducting fifty per cent of the unearned increase as aforesaid.

(c) The Lessor's right to the recovery of fifty per cent of the unearned increase and the pre-emptive right to purchase the property as mentioned hereinbefore shall apply equally to an involuntary sale or transfer whether it be by or through an executing or insolvency court.

(7) Notwithstanding the restrictions, limitations and conditions as mentioned in sub-clause (4)(a) above the Lessee shall be entitled to sublet the whole or any part of the building that may be erected upon the residential plot for purpose of private dwelling only on a tenancy from month to month or for a term not exceeding five years.

(8) Whenever the title of the Lessee in the residential plot is transferred in any manner whatsoever the transferee shall be bound by all the covenants and conditions contained herein and be answerable in all respects therefor.

(9) Whenever the title of the Lessee in the residential plot is transferred in any manner whatsoever the transfer or and the transferee shall, within three months of the transfer, give notice of such transfer in writing and in the event of the death of the Lessee the person on whom the title of the deceased devolves shall, within three months of the devolution to the Lessor. The transferee or the person on whom the title devolves, as the case may be, shall apply to the Lessor for certified copies of the document(s) evidencing the transfer or devolution.

(10) The Lessee shall from time to time and at all times pay and discharge all rates taxes, charges and assessments of every description which are now or may at any time hereafter during the continuance of this Lease be assessed, charged or imposed upon the residential plot hereby demised or on any buildings to be erected thereupon or on the landlord or tenant in respect thereof.

(11) All arrears of rent and other payments due in respect of the residential plot hereby demised shall be recoverable in the same manner as arrears of land revenue.

(12) The Lessee shall in all respects comply with and be bound by the building, drainage and other bye-lays of the proper municipal or other authority for the time being in force.

(13) The Lessee shall not without sanction or permission in writing of the proper municipal or other authority erect any building or make any alteration or addition to such building on the residential plot

(14) The Lessee shall not without the written consent of the Lessor use, or permit to be carried on the residential plot or in any building thereon any trade or business whatsoever or use the same or permit the same to be used for any purpose other than that of private dwelling or do or suffer to be done therein any act or thing whatsoever which in the opinion of the Lessor may be a nuisance, annoyance or disturbance to the Lessor and person living in the neighbourhood.

Provided that, if the Lessee is desirous of using the said residential plot or the building thereon for a purpose other than that of private dwelling, the Lessor may allow such change of user on such terms and conditions including payment of additional premium and additional plot, as the Lessor may in his absolute discretion determine.

(15) The Lessee shall at all reasonable times grant access to the residential plot to the Lieutenant Governor for being satisfied that the covenants/and conditions contained herein have been and are being complied with.

(16) The Lessee shall on the determination of this Lease peaceably yield up the said residential plot and the buildings thereon unto the Lessor.

III. If the sum or sums payable towards the premia of the yearly rent hereby reserved or any part thereof shall at any time be in arrears and unpaid for, one calendar month next after any of the days whereon the same shall have become due, whether the same shall have been demanded or not, or if it discovered that this Lease has been obtained by suppression of any fact or any misstatement, misrepresentation or fraud or if there shall have been, in the opinion of the Lessor, whose decision shall be final any breach by the Lessee or by any person claiming through or under him of any of the covenants or conditions contained herein and on his part to be observed, or performed, then and in any such case, it shall be lawful for the Lessor, notwithstanding the waiver of any previous cause or right of re-entry upon the residential plot hereby demised and the building thereon, to re-enter upon and take possession of the residential plot and the buildings and fixtures and thereupon this Lease and every thing herein contained shall cease and determine and the Lessee shall not be entitled to any compensation whatsoever nor to the return of any premia paid by him. Provided that, notwithstanding anything contained herein to the contrary the Lessor may without prejudice to his right of re-entry as aforesaid and in his absolute discretion, waive or condone breaches, temporarily or otherwise, on receipt of such amount and on such terms and conditions as may be determined by him and may also accept the payment of the rent which shall be in arrears as aforesaid together with interest at the rate of nine per cent per annum or as decided by the Lessor.

IV. No forfeiture or re-entry shall be effected until the Lessor has served on the Lessee a notice in writing:

(a) specifying the particular breach complained of, and

(b) if the breach is capable of remedy, requiring the Lessee to remedy the breach.

and if the Lessee fails within such reasonable time as may be mentioned in the notice to remedy the breach if it is capable of remedy; and in the event of forfeiture or re-entry the Lessor may, in his discretion, relieve against forfeiture on such terms and conditions as he thinks proper. Nothing in this clause shall apply to forfeiture or re-entry:

(a) for breach of covenants and conditions relating to sub-division or amalgamation, erection, and completion of building within the time provided and transfer of the residential plot as mentioned in clause II, or

(b) in case this Lease has been obtained by suppression of any fact, misstatement, misrepresentation or fraud.

V. The rent hereby reserved shall be enhanced from the first day of January Two thousand and.....................................and thereafter at the end of each successive period of thirty years, provided that the increase in the rent fixed at each enhancement shall not at each such time exceed one-half of the increase in the letting value of the site without buildings at the date on which the enhancement is due and such letting value shall be assessed by the Controller or Additional Collector of Delhi as may be appointed by the Lessor: Provided always that any such assessment of letting value for the purpose of the provisions shall be subject to the same right on the part of the Lessee of appeal from the orders of the said Collector or Additional Collector and within such time as if the same were an assessment by a Revenue Officer under the Punjab Land Revenue Act, 1887 (Act XVII of 1887), or any amending Act for the time being in force and the proceedings for in relation to any such appeal shall be in all respects governed by the provisions of the said Act in the same manner as if the same had been taken thereunder.

VI. In the event of any question, dispute or difference, arising under these presents, or in connection therewith (except as to any matters, the decision of which is specially provided by these presents), the same shall be referred to the sole arbitration of the Lieutenant Governor or any other person appointed by him. It will be no objection that the arbitrator is a Government servant, and that he has to deal with the matters to which the Lease relates or that in the course of his duties as a Government servant he has expressed view on all or any of the matters in dispute or difference. The award of the arbitrator shall be final and binding on the parties.

The arbitrator may, with the consent of the parties, enlarge the time, from time to time, for making and publishing the award.

Subject as aforesaid, the Arbitration Act, 1940 and the Rules thereunder and any modifications thereof for the time being in force shall be deemed to apply to the arbitration proceedings under this Clause.

VII. All notices, directions, consents, or approvals to be given under this Lease shall be in writing and shall be signed by such officer as may be authorised by the Lieutenant Governor and shall be considered as duly served upon the Lessee of any person claiming any right to the residential plot if the same shall have been affixed to any building or erection whether temporary or otherwise upon the residential plot shall have been delivered at or sent by post to the then residence, office or place of business or usual or last known residence, office or place of business of the Lessee or such person.

VIII. (a) All powers exercisable by the Lessor under this Lease may be exercised by the Lieutenant Governor. The Lessor may also authorise any other officer or officers to exercise all or any of the powers exercisable by him under this Lease.

(b) The Lieutenant Governor may authorise any officer or officers to exercise all or any of the powers which he is empowered to exercise under this lease except the powers of the Lessor exercisable by him by virtue of subclause (a) above.

IX. In this Lease the expression "the Lieutenant Governor" means the Lieutenant Governor of Delhi for the time being or in case his designation is changed or his office is abolished, the officer who for the time being is entrusted, whether or not in addition to other functions, with the functions similar to those of the Lieutenant Governor by whatever designation such officer may be called. This said expression shall further include such officer as may be designated by the Lessor to perform the functions of the Lieutenant Governor under this Lease.

X. The expression "the Lessor" and "the Lessee" herein before used shall where the context so admits include, in the case of the Lessor his successors and assigns and in the case of the Lessee his heirs, executors, administrators or legal representatives and the person or persons in whom the lease-hold interest hereby created shall for the time being be vested by assignment or otherwise.

XI. This Lease is granted under the Government Grants Act, 1895 (Act of 1895).

In witness whereof Shri..........................................................................for and on behalf of and by the order and direction of the Lessor has here unto set his hand and Shri/Shrimati the Lessee, has hereunto set his/her hand the day and year first abovewritten.

THE SCHEDULE ABOVE REFERRED TO

All that plot of land being the Residential Plot No............in Block No..............in the layout plan ofsanctioned by the Standing Committee of the Municipal Corporation of Delhi/New Delhi Municipal Committee/Delhi Development Authority/Delhi Cantonment Board by Resolution No.............. dated the ........................ day of ........................ one ........................ thousand nine hundred and ........................ and measuring ........................or thereabouts bounded as follows:

North ........................

East ........................

South ........................

West ........................

and shown in the annexed plan and marked with its boundaries in red.

Signed by Shri........................ for and on behalf of and by the order and direction of the President of India (Lessor) in the presence of (1) Shri ........................ Signed by Shri/Shrimati Lessee In the presence of

(1) Shri ........................

(2) Shri ........................

FORM

(See Rule 44)

FORM 4

(See Rule 44)

LICENCE DEED

This assignment made on this day of at Delhi between the President of India (hereinafter called the Licensor) which expression shall unless the context requires a different or another meaning, include its successors and assigns through DDA, a body constituted under Section 3 of the Delhi Development Act, 1957 (No. 61 of 1957) and Shri.............................. s/o..............................Shri..............................r/o (hereinafter called 'the licencee')-

Whereas the licensor is willing to grant the licensee a licence for use of land bearing No............subject to the terms and conditions specified hereinafter.

Whereas the licensee for grant of a licence is willing to get licence granted to him on monthly licence fee of Rs..

And whereas the licensee has represented to the licensor that the former is well equipped with and can make adequate arrangement for..............................with the previous approval of the licensor.

Now, therefore, it is mutually agreed:

1. That in consideration of the payment of Rs.................. (Rupees ..............................) as security deposit received vide Receipt No.............. dated..............................in the form of Banker's Guarantee issued by B a n k under No...............................dated..............................in the form of fixed deposit certificate bearing No...............................issued by B a n k ..............................being equivalent to 11 Months licence fee quoted, .by the licensee for due and proper performance of these presents and also willingness of the licensee to pay Rs. (Rupees only) per mensum for .............................. the licensor grants unto the licencee and authorises him to use the said land bearing No...............................subject to the conditions hereinafter appearing for a period of months commencing from the date of these presents.

2. That the licensee shall keep and maintain the..............................and the site around the .............................. in a clean proper and decent condition, well equipped with..............................and shall not suffer the premises to be in a bad state of affairs during the currency of the period of licence and shall not in any manner manage the wall, floor or other structure of the .............................. nor cause any kind of obstruction, to the user of.............................. in any manner whatsoever.

3. That the licensee shall charge such rates as may be approved by the licensor and shall exhibit the schedule of rates at a conspicuous place in premises.

4. That the licensee shall maintain the.............................. in the clean and hygienic conditions and shall conform to the rules, regulations or bye-laws made in this regard by the Municipal Authority concerned.

5. That the licensee shall arrange his business in such a manner that he shall be in a position to cater to the needs of..............................He shall employ sufficient number of employees and servants for rendering quick service to the persons..............................

6. That the licensee shall place and continue to keep in the aforesaid premises all necessary equipment and shall not remove any item from the site of ..............................thereof without previous approval of the licensor.

7. That the licensee shall not display or exhibit pictures, posters, statues or other articles which are repugnant to the morale or of indecent, immoral or other improper character. It is expressly agreed that the decision of the licensor in this behalf shall be conclusive and binding on the licensee and shall not be a subject-matter of dispute.

8. That the licensee shall not display or exhibit any advertisements or playcard or put up any hoarding in any part of the interior or exterior other than those permitted expressly in writing by the licensor.

9. That the licensee shall have no right of title or interest in the premises licensed to him nor shall he be deemed to have exclusive possession, except the permission to use the said site.

10. That the licensee shall not be entitled to allow any other person to use the premises in his stead or to use any part thereof. In the event of the death of the licensee, or the licensee becoming insolvent, or dissolved if it is a partnership firm prior to the expiry of the period fixed hereinafter, the licensee shall stand terminated automatically and the legal representatives of the licensee shall not be entitled to use the premises. However, with the express approval of the licensor in writing the legal heirs or representatives may be permitted after discharging any liability that the licensee may have incurred remove the goods and other equipment that may be found at the licensed premises but in case the goods are not claimed by the legal heirs/representatives within four weeks of the demise of the licensee, the licensor may by public auction dispose cf the same.

11. That the licensee shall pay the cost of light, power and water consumed by him at the ..............................as per the demand of the authorities concerned.

12. That the licensee shall also pay all licence or other fee or taxes payable to the Government or Municipal or local bodies concerned in connection with ..............................business at..............................

13. That the licensee shall cater to the needs of the ..............................and the persons connected with them and failure to cater to the needs of those persons for a continuous period of seven days shall amount to a breach of the term of this licence.

14. That if the licensee desired to close down the business within the period of licence, he will have to serve a notice of.............................. months in advance from the date he proposes to close down the business. In such an event, the licensee will have to pay to the licensor, an amount which is equivalent to the product obtained by multiplying the number of unexpired months of licence period by the difference between the licence fee and the highest licence fee offered to it in the subsequent tender, as damages.

15. That notwithstanding the other rights, the licensor may, in its sole discretion and on such terms as may be considered reasonable by it, grant relief to the licensee against forfeiture of security deposit, imposition of interest or determination or revocation of the licence.

16. That the licensee shall abide by all rules, regulations orders and instructions that the licensor may from time to time make or adopt or issue for the care, protection and administration of the ..............................and the general welfare and comfort of ..............................employees and other connected persons.

17. That the licensor shall not be responsible for the safety of.............................. or any other material or articles belonging to the licensee and also shall not be liable for any damage or injury to the property of the licensee lying at any time in, on, upon or around the said..............................from any cause whatsoever.

18. That the overall control of the .............................. and supervision of the .............................. shall remain vested with the licensor, whose officers or authorised representatives shall have access to at all reasonable hours to the said premises or any part thereof.

19. That the licensor shall have the right to revoke the licence in the event of breach of any of the terms and conditions of this licence specified herein.

20. That the licensor shall have a lien on all the belongings and properties of the licensee for the time being in or upon the premises of the licensor.

21. That an expiry of the period of the licence or on determination or revocation of the licence under the terms and conditions hereof, any belongings of the licensee found in such..............................shall be liable to be sold through public auction unless claimed within a fortnight of the expiry of the period of licence or determination or revocation of the licence of the licencee as the case may be. The Licensor shall be entitled to appropriate out of the proceeds of such sale, the amounts due to the licensor from the licensee and also after deducting cost of administration and auction of those belongings, and the balance, if any, shall be paid over to the licensee or his legal heirs, representatives etc., as the case may be.

22. That the licensor shall have the right to terminate the licence after giving one month notice without assigning any reasons thereof.

23. That in case, the .............................. site is destroyed or damaged by and natural calamity or riot or civil disturbance so as to make it unfit for use by the licensee, the licence shall stand terminated automatically.

24. That in case of any dispute arising between the licensor and the licensee in respect of the interpretation or performance of any terms or conditions of this licence, the same shall be referred to the sole arbitration of the Vice-Chairman, Delhi Development Authority whose decision thereon shall be final and binding on both the parties. The licensee shall not object to the Vice-Chairman, of the Delhi Development Authority acting as sole-arbitrator on the ground that he had dealt with case or has at some stage expressed opinion in any matter connected therewith.

25. That nothing herein contained shall be construed as conferring upon the licensee any right, title or interest in respect of over, in or upon the premises and the property of the licensor.

26. That the dealing of the licensee/his employees with the .............................. shall be polite and courteous and he shall not indulge in or suffer any antisocial activities. The licensee shall also not indulge in any activity which may cause harm to the interest of the Delhi Development Authority or its employees.

27. That if the licensee allows credit he will do so at his own risk and the licensor will take no obligation whatsoever in this regard and no request or claim from the licensee be entertained on his account.

28. That the licensee shall allow the representatives and the authorised staff of the licensor to enter upon the premises/site in order to inspect and execute any structural repairs/additions or alterations at the site, check water and sanitary conditions or do renovations which may be found necessary from time to time by the licensor and for the purposes connected therewith and for the compliance of terms and conditions of any works relating to repairs/additions/alterations or other damages that may be caused during the course of installation of any fitting, fixtures, etc., or owing to the inspection of the premises.

29. That the licensee shall be responsible for all damages or loss of property due to the reasons for which he or his servants are directly responsible and shall be liable to make good any loss or damage that may be sustained by the licensor except those due to normal wear and tear or such as caused by storm, earthquake, or any other natural calamity beyond his control. The decision of the licensor in regard to the extent and quantum of compensation if any to be paid to it shall be binding upon the licensee.

30. That the premises allotted shall not be used for residential purpose or for a purpose other than that for which it is allowed. The licensee shall not be permitted to utilise the premises or to carry on any other trade along with the authorised business of the licensee during the period of his licence.

31. That the licensee shall not keep any animal or conveyance in or outside the premises.

32. That the licensee shall also comply with the instructions given in the schedule attached hereto.

33. That in case any amount becomes due against the licensee in respect of any matter covered under this licence, the same shall, on the failure of the licensee to pay within the time prescribed, be recovered as arrears of land revenue.

34. That all or any of the powers vested in the,, licensor under these presents in respect of the grant, determination, revocation, cancellation or restoration of this licence or recovery of any dues in respect thereof or connected therewith shall also be exercised by Vice-Chairman, Delhi Development Authority, Delhi and the licensee shall have no objection whatsoever in this respect

In witness whereof the parties to the agreement have signed this deed on the day first above mentioned a true copy signed by both the parties has been retained by the licensee.

Licensor (Delhi Development Authority)

Witnesses:

Licensee

1.

2.

In exercise of the powers conferred by sub-section (i) of Section of the 56 Delhi Development Act, 1957 (61 of 1957), read with clauses (e), (g) and (r) of sub-section (2) of that section, the Central Government hereby makes the following rules, namely.

(1) These Rules may be called the Delhi Development (Master Plan and Zonal Development Plan) Rules, 1959.

(2) They shall come into force on such22. See Govt. of India Ministry of Health notification No. F.8-26/59 L.S.G. (i) dated the 1st January, 1960. date as the Central Government may, by notification in the Official Gazette, appoint.

In these Rules, unless the context otherwise requires

(i) "Act" means the Delhi Development Act 1957;

(ii) "Authority" means the Delhi Development Authority constituted under section 3 of the Act; and

(iii) "Advisory Council" means the Council constituted under section 5 of the Act.

The civil survey to be carried out by the Authority may include survey and analysis of the physical, economic and sociological features of Delhi, with reference to natural resources, distribution of population, industry, communications, housing requirements and such other matters in the opinion of the Authority as may relate to development of Delhi.

(1) The draft Master Plan shall, subject to the provisions of sub-section (2) of Section 7 of the Act, consists or such maps, diagrams, charts, reports and other written matter of an explanatory or descriptive nature as pertaining to the development of the whole or any part of Delhi.

(2) The written matter forming part of the draft Master Plan shall include such summary of the main proposals and such descriptive matter as the Authority may consider necessary to illustrate or explain the proposals indicated by maps, charts diagrams and other documents.

(3) The draft master plan may include all or any of the following:

(a) reports of the survey and analysis of the socio-economic features of Delhi with special reference to the trends, growth of population, industries, business, commerce and such other matters as may relate to planned development.

(b) "a land use plan" based upon such survey of the present use of land as may be necessary as well as analysis of estimated future needs and consisting of com" prehensive proposals for the most desirable utilisation of land such as land for agricultural, government, commercial, industrial, residential, cultural, educational, recreational, transportation and other activities;

(c) a transit and transportation plan" based upon reports of survey and inventory of volume of traffic and capacity of existing roads, highways and consisting of proposals for a system of streets, roads, highways and parking, loading, unloading and terminal facilities.

(d) "a public utilities plan" consisting of proposals for provision of water, electricity, drainage and disposal of sewage and refuse;

(e) "a housing plan" consisting of estimates of housing requirements and proposals relating to standards of new housing units;

(f) reports of survey and proposals for elimination of slums and blighted area;

(g) "education, recreation and community facilities plan" indicating proposals for parks, open spaces, recreational, educational and cultural centres;

(h) "a financial plan" containing improvement programme, estimates of revenues and resources, estimates and objective of public services and any such other fiscal matters and proposals for the implementation of the master plan in stages;

(i) "an administration plan consisting of proposals and recommendations for the administrative structure and procedure and processes such as zoning, sub-division and building regulations as may be necessary for the implementation and periodic review of plan; and

(j) "such other reports on specific development plans, satellite township schemes, industrial estate schemes, relocation or re-housing schemes, or improvement programs or any specified purpose as in the opinion of the Authority are necessary or desirable for the planned development of Delhi.

(4) In the case of any contradiction between the particulars of proposals shown on One map and shown on any other map or maps in respect of any land to which the draft Master Plan relates, the map which is to a larger scale shall prevail, and in case of any such Contradiction between any map and written statement the latter shall prevail.

(1) As soon as may be after the draft master plan has been prepared, the Authority shall publish a public notice stating that:

(a) The draft Master Plan has been prepared and may be inspected by any person at such time and place as may be specified in that notice:

(b) Suggestions and objections in writing, if any, in respect of the draft Master Plan may be filed by any person with the secretary of the Authority within 90 days from the date of first publication of the notice.

(2) This notice may be in Form 'A' appended to these rules without notification or with such modification as may be necessary.

The Authority shall cause the said notice to be published in the manner prescribed by section 44 of the Act and may also cause it to be published in the Official Gazette.

The Authority shall cause a copy of the notice referred to in Rule 6 to be sent to every local authority within whose limits any land touched by the plan is situate, and such local authority may, within a period of 90 days from the date of the notice may make any representation with respect to the plan to the Authority.

The Authority shall, for hearing and considering any representation, objection and suggestion to the draft master plan, appoint a Board consisting of not less than 3 and not more than 5 members of the Authority.

Provided that such Board shall have power to co-opt not more than 2 members from amongst the members of the Advisory Council.

11. Ins. vide Govt. of India, Ministry of Health notification No. 8-26/59 L.S.G. (ii) dated 1st January, 1960. [(2) No business of the Board shall be transacted at any meeting unless at least three members are present from the beginning to the end of the hearing.]

The Secretary shall, after the expiry of the period allowed under these rules for making objection, representations and suggestion fix a date or dates for hearing by the Board or any person, or local authority in connection with any objection, representation or suggestion made by such person or local authority in respect of the draft Master Plan and shall serve on the local authority or any person who may be allowed a personal hearing in connection with such representation, objection or suggestion to the draft Master Plan, a notice intimating the time, date and place of the hearing.

Provided that the Board may disallow personal hearing to any rjerson, if it is of the opinion that the objection or suggestion made by such person is inconsequential, trivial or irrelevant

The Board shall after the conclusion of its enquiry, submit to the Authority a report of its recommendations.

The Authority shall, after considering the report of the Board and any other matter it thinks fit, finally prepare the master plan and submit it to the Central Government for its approval.

The Authority may amend the whole or any part of the Master Plan, if necessary, at the expiry of every five years in accordance with the Procedure prescribed by the Act and these rules as if the proposed amendment were a new Master Plan. Provided that if the Authority is of opinion that having regard to the circumstances prevailing at any particular time it is necessary so to do, it may amend the Master Plan or any part thereof at any time prior to the expiry of the said period, in accordance with the aforesaid procedure.

Provided further that the Authority may, without following the aforesaid procedure, but with the prior approval of the Central Government, permit on receipt of an application in this behalf, any change in the size of public parks and recreation grounds not exceeding ten per cent either way of the approved size.

(1) Amendment of the Master Plan shall not take effect unless approved by the Central Government

(2) Immediately after an amendment has been approved by the Central Government the Authority shall publish in such manner as may be prescribed by regulation a notice that the amendment has been approved and naming a place where a copy of the amendment may be inspected at all reasonable hours and upon the date of the first publication of the aforesaid notice the amendment shall come into operation.

A zonal development plan may also include any of the contents that form part of the Master Plan.

The provisions of Rules 5 to 13 relating to the Master Plan shall apply mutatis mutandis to the Zonal development plan.

FORM

FORM A

Notice under section 10(1) of the Delhi Development Act. 1957 (No. 61 of 1957 read with rule 5 of the Delhi Development (Master Plan and Zonal Development Plan) Rules, 1959, of the preparation and publication of the draft of the Master Plan for the Union Territory of Delhi.

Notice is hereby given that

(a) a draft of a Master Plan for the Union Territory of Delhi has been prepared; and

(b) a copy thereof will be available for inspection of the office of the Delhi Development

Authority, New Delhi between hours of 11 A.M. to 3 P.M. on all working days except Saturdays till the date mentioned in Para 3 hereinafter.

2. Objections and suggestions hereby invited with respect to this draft plan.

The objection or suggestion may be sent in writing to the Secretary, Delhi Development Authority, New Delhi, before the......................day of.........19...............

Any person making the objection or suggestion should also give his name and address..................................

(Secretary) New Delhi.

Delhi

Development Authority

Dated...................Day of...............19...............

In exercise of the powers conferred by sub-section (1) of Section 56 of the Delhi Development Act, 1957 (61 of 1957) read with clauses (d), (h), (p) and (r) of sub-section (2) of that Section, the Central Government hereby makes the following rules, namely:

These Rules, may be called the Delhi Development Authority (Miscellaneous) Rules, 1959.

In these Rules, unless the context otherwise requires

(i) "Act" means the Delhi Development Act 1957;

(ii) "Advisory Council" means the advisory council constituted under section 5 of the Act; and

(iii) "Authority" means the Delhi Development Authority constituted under section 3 of the Act

(1) The posts under the Authority, other than those of the Secretary and Chief Accounts Officer shall be classified as follows:-

Group A Pay or scale of pay with the maximum of not less than Rs. 1,.300/- per month.

Group B Pay or scale of pay with the maximum of not less than Rs. 900/- per month but less than Rs. 1,300/- per month.

Group C Pay or scale of pay with the maximum of over Rs. 290/-per month but less than Rs. 900/- per month.

Group D Pay or scale of pay the maximum of which is Rs. 290/-per month or less.

Provided that

(a) the Classification of any post created on or after the 1st January, 1973 in the revised scale but before the date of issue of the Delhi Development (Miscella- neous) Amendment Rules, 1981, as specified addition to cadres existing prior to the 1st January, 1973 shall be the same as that of posts in the cadres to which they have been added, and

(b) any other posts not covered by (a) created in the revised scale of pay on or after the 1st January, 1973 but before the enforcement of these rules having a classification higher than the one envisaged in these rules shall be re-classified in terms of these rules but without prejudice to the statutes of the existing incumbents for such posts.

(2) No posts in Group 'A' whether temporary or permanent, shall be created by the Authority without the prior approval of the Central Government.

(3) Notwithstanding anything contained in Sub-rule (2) the Authority may create a post in Group 'A' carrying a pay or scale of pay with the maximum pay of not more than Rs. 2.000/- per month: Provided that

(a) a post so created shall lapse on the expiry of the financial year in which it was created unless the period is extended beyond the said financial year with the previous approval of the Central Government;

(b) no such post is created by the Authority except with the concurrence of the Finance and Accounts Member of the Authority;

(c) The power to create such post is not delegated by the Authority to any of its official without the prior approval of the Central Government, or is not used with retrospective effect,

(d) Before creating any Technical posts the recruitments for such posts are ascertained on the basis of the following work load norms, namely,

2. Normally the four divisions are placed under the control of a Superintending Engineer.

3. The post of a Chief Engineer is sanctioned for an anticipated work load of 15 to 16 crores of rupees per annum. Besides the span of control that a Chief Engineer has to exercise is also taken into consideration. Provided that if the Central Public works Department adopts different work load norms in respect of the work executed under the control of that department, the Authority shall follow the norms for the time being in force described by the Central Public Works Department.

(i) The economic instructions issued by the Central Government in the Ministry of Finance for the time being in force or kept in view before creating such posts.

(ii) The Authority shall make appointments to posts in Group 'A' only in accordance with the regulations approved by the Central Government prior to such appointments and no such appointment to a post in Group 'A' carrying pay, or a scale of pay with the maximum of pay of more than Rs. 2,000/- made by the Authority without the prior approval of the Central Government.

Every application submitted under sub-section (1) of section 13 of the Act shall be accompanied by a fee specified below:

(a) for the development of land other than erection of a building as defined in sub section (i) of section 2 of the Act Rs. 00 per acre or part of an acre.

(b) for building operations within the meaning of sub-section (j) of section 2 of the Act

(c) for material alterations in a building not coverd by section 54(a) of the Act one half per cent of the cost of construction.

After the close of each financial year the authority shall prepare and submit to the Central Government not later than the 31st October next, following a report of its activities during such year. The report shall, as far as practicable, be compiled in the following chapters

I. Introduction.

II. Administration

(1) The Authority.

(2) The Advisory Council.

(3) Meeting of the Authority and its Committees and of the Advisory Council.

(4) Operational jurisdiction.

(5) Office Organisation

III. The Plans

(1) The Master Plan.

(2) Zonal Development Plans.

IV. Works and Schemes.

(1) Programs and targets.

(2) Agency for execution.

(3) Slum clearance, housing and rehousing and development schemes.

(4) Other works and schemes.

(5) Control over building and development operations within the Authority's jurisdiction

V. Lands and Buildings

A Management

(1) The Nazul Estate.

(2) Acquired properties.

(3) Houses, markets, tenements and other properties.

(4) Demand and collection of rents, damages and other revenues.

(5) Enforcement of conditions of lease-deeds/agreements.

B Disposal of land and buildings

(1) Long term leases.

(2) Temporary leases.

VI. Finance and Accounts

(1) Budget Estimate.

(2) Accounts.

(3) Income and expenditure.

(4) Loans and debts.

(5) Balance sheet and assets and liabilities.

VII. Miscellaneous

(1) Litigation

(2) Any other matter.

In exercise of the powers conferred by sub-section (1) of section 56 of the Delhi Development Act, 1957 (61 of 1957), read with clauses (n) and (r) of sub-section (2) of that section, the Central Government hereby makes the following rules, namely

(i) These rules may be called the Delhi Development Authority (Preparation of Budget) Rules, 1960.

(ii) These shall come into force at once.

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

(c) 'Form' means the form appended to these rules.

(d) 'Government' means the Central Government

(e) 'Vice-Chairman' means the Vice-Chairman of the Delhi Development Authority.

(f) 'Year' means the financial year beginning on the 1st of April and ending on the 31 st of March following.

The Budget in respect of the year next ensuing showing the estimated receipts and expenditure of the Authority shall be prepared in form A-I, and submitted to Government by the 15th of October each year. Such estimates shall be accompanied by the revised budget estimates for the current year. The budget shall be based on the accounts head given in Appendix to these rules.

Within sufficient time before the date fixed for submission of the annual budget to the Government under rule 3, the Accounts Section of the Authority shall fill up columns 2 to 7, on both the receipt and expenditure sides, of Part II of Form A-I and send copies of relevant portions to the sections concerned including the Central Public Works Department accompanied, where necessary, by a schedule of establishment in Form No. A-2, columns 8 to 11 of Part II of A-I shall then be filled up by the Sections concerned separate notes giving full explanation of any variations shown in columns 10 and 11 being attached.

Provided tha

(a) Provision proposed for new items of expenditure shall be dealt with in accordance with rule 6; and

(b) The Central Public Works Department and the Works Department Section or other Section concerned of the Authority shall append to Form A-I. Two Schedules, one in Form A-4 showing the work and schemes in progress and another in Form A-5 showing the new works and scheme proposed to be taken in hand during the next year wherein minor works and schemes shall be shown in one lump sum supported by details as far as possible, the budget estimate of minor works and schemes is based on past experience; but details shall be given wherever they are available.

The Sections concerned shall return the Forms duly completed to the Accounts Section within such period as may be fixed by the Vice-Chairman. The Accounts Section shall submit for the orders of the Vice-Chairman, with such comment as may be necessary.

Proposal for new items of expenditure, other than works and schemes, shall be submitted by the Sections concerned in Form A-3. On receipt from the Sections they shall be submitted for the orders of the Vice-Chairman in the same way as the estimates in Form-1, Part II.

The Accounts Section shall thereafter consolidate the sectional estimates into one budget estimates in Form A-1, all new items being shown separately in red ink in Part II. Similarly, the sectional schedules in Form A-3, A-4 and A-5 shall be consolidated and attached to these estimates together with the schedules in Form A-2 with the notes giving brief explanation of the variation between (i) the sanctioned and the revised estimates of the current year and (ii) the revised estimates of the current year and the budget estimates of the next year.

The budget estimates as compiled in accordance with rule 7 shall be placed before the Authority by the 5th of October each year for approval. On receipt of the orders of the Authority, the Accounts section shall prepare a final edition of the budget incorporating therein such modifications as were decided upon by the Authority. Four copies of the final edition, with copies of the schedules, shall be submitted to the Government by the 15th of October.

The estimate of Income shall be based upon.

(1) The actuals of the past three years in respect of recurring income from land or other sources with such modifications as may be necessary in the light of probable increases due to factors which can be foreseen.

(2) The programme of sales of land as far as such a programme can be drawn up.

(1) For contingent expenditure, the estimate shall be based upon the average actual expenditure of the last three years exclusive of any special item of expenditure that might have been incurred during those years. Variations should, however, be made where justified and should be adequately explained.

(2) The three years average mentioned in rules 9 and 10 shall be treated merely as a guide.

The estimates of expenditure on fixed establishment as weli as fixed monthly recurring charges on account of rent, allowance, etc., shall he made according to the actual sanctioned scale and shall provide for the gross sanctioned pay without deductions of any kind. To this shall be added a suitable provision for leave salary based on past experience. With due regard to the intention of the members of the staff in regard to leave as far as they can be ascertained if experience indicated that the total provision for fixed charges made on these lines is likely to prove excessive, a suitable lump sum deduction should be made from the total.

Expenditure on works and schemes is by far the most important item in the budget estimates of the Authority. The amount of interest payable on loan will depend largely on the standard of estimating this expenditure and extreme care should, therefore be exercised in framing the revised as well as the budget estimates of expenditure to be incurred on works and schemes. Any tendency towards optimism on the part of technical officers should, as far as possible, be neutralized by applying lump cuts. It shall be the duty of the Accounts Section to suggest modifications on the basis of past experience.

All grants and appropriation lapses at the close of the year and unspent balances shall not be available for expenditure after the close of the years for the purpose for which the grant was sanctioned. In the case of works and scheme in progress in will usually be possible, if necessary, to increase the grants of a year to cover the grants which have lapsed at the end of the previous year, by such means as are open under these or others rules but special care should be taken to keep the budget estimates within the limits of actual requirements in order to save unnecessary indirect charges. Any tendency, however, towards the end of a year to utilize the grants shall be open to grave objection.

If during the course of a year it is found necessary to modify the budget estimates materially, a modified budget shall be prepared by the Authority, and submitted to Government. Any such budget shall be prepared by the Authority, and submitted to Government. Any such budget shall be treated as an original sanctioned estimate. If no modified budget is submitted, any necessary charges in, the original estimates shall be made by reappropriations, fresh allotments, etc., as usual.

If the necessity for some new or additional expenditure is fully established during the course of the years and the funds cannot be provided by reappropriation, it will be open to the Authority to make fresh allotments or to increase the existing allotments, provided funds can be made available from opening balances, additional allotments by Government or from increases anticipated or realised in income for which a supplementary estimate should be submitted. Such proposals shall be accompanied by a statement in Form A-6. In respect of new schemes involving fresh borrowings from Government, the expenditure should not be incurred unless the scheme has been accepted broadly in principle by Government and provision of token amount made in the original budget.

No expenditure which is not covered by provision in the sanctioned budget estimates, or which is likely to cause excess over the amount provided under any head, shall be incurred without provision being made by re-appropriation from the same or other head under which savings are ascertained or anticipated. Inevitable expenditure which cannot be met by re-appropriation or which can be met only by additional allotment, may be incurred with the previous approval of the Authority and in emergencies under the orders of the vice-chairman, a report of which shall be made to the Authority at its next meeting. The application for re-appropriation or additional allotment of funds should, however, be made to the Authority as soon as possible explaining the circumstances in which the expenditure had to be incurred in anticipation of its sanction.

The Authority may sanction re-appropriation of funds from one major head of account to another or within any major head;

Provided that without the prior approval of Government, no reappropriation shall be made from Nazul to non-Nazul or vice versa and from Slum or Rehousing Accounts to General Development Account and vice versa.

Proposals for re-appropriation shall be accompanied by a statement in Form A-7. The explanation of proposed increases and decreases should be amplified, if necessary while seeking sanction.

When re-appropriation is sanctioned by the Government, the amount so transferred shall be treated as a loan which shall carry interest from the date of sanction to reappropriation or the date of expenditure, whichever is earlier (unless some other date is specifically prescribed in the sanction) or at the same rate as is charged on Government loans to the Authority and which shall be liquidated from the next year's receipts of the debtor account from loan or otherwise.

The want of provision in the budget estimates or the temporary exhaustion of the budget allotment under any head shall not operate to prevent payment or refund of any amount due by the Authority or to prevent a record or any payment under its proper head of Account. All liabilities incurred shall be liquidated without delay and in no circumstances shall liability be allowed to stand over and above and be paid from the budget grant of the following year, nor shall payments of refunds be postponed to the last day of a month or the last month of financial year.

The Ministry's Notification No. 6-12/60-LSG, dated the 27th December, 1960 (G.S.R No. 19) appeared at pp. 13 to 15 of the Gazette of India, dated the 7th January, 1961, shall be treated as cancelled from the date of issue of this notification.

APPENDIX

APPENDIX

BUDG AND CCOUNT HEADS (RULE 3)

A NAZUL ACCOUNT

Receipt

Expenditure

Heads of Account I. Ordinary Nazul Revenue

Heads of Account

1. Share of cost of Administration transferred

(i) Premia from sections B General Development

(ii) Rental

Account

(a) Lands

2. Works and Improvement Schemes

(b) Other properties

(i) Western Extension

(iii) Sale of land (free-hold).

(a) Preliminary surveys

(iv) Temporary lettings

(b) Acquisition.

(v) Fees: (a) Mutation, (b) Others.

(c) Composition ... Sub-divided into

(d) Levelling, detailed heads

(e) Sewerage.

(vi) Fines and Recoveries.

(f) Communications.

(vii) Taxes

(g) Storm water drains.

(via) Miscellaneous

(h) Filtered Water Supply.

(xi) Rent from completed schemes.

(i) Unfiltered Water Supply.

(x) Deduct-Refunds.

(j) Lighting

(k) Miscellaneous Public

II.

Revenue from Works and Improvement Schemes.

Improvements:

A Major Works and Schemes

(i) Parks and Open Spaces.

(i) Western Extension

(ii) Public Latrines.

(a) Premia

(1) Maintenance during construction.

(b) Ground Rent.

(m) Department charges.

(c) Temporary lettings.

(ii) Paharganj, Ara Kashan Improvement

(d) Sale of land.

Scheme.

(e) Sale of building materials.

(iii) Jhandewalan.

(f) Receipts by compromise.

(iv) Motia Khan Dump etc.

(g) Miscellaneous.

(h) Deduct Refunds.

3. Miscellaneous Expenditure

(ii) Paharganj and Qadam Sharif.

(i) Acquisition of land unconnected with

(iii) Garrison Bastin Road.

any specified Scheme.

(iv) Sardar Bazar North.

(ii) Preliminary surveys.

(v) Jamna Village.

(iii) Repairs to Nazul Works.

(vi) Jhandewalan, etc.

(iv) Rent of land taken on lease.

(v) Other miscellaneous expenditure.

B- Minor Works | Sub-divided into detailed heads as under (i)

4. Lump Sum payment to Government of Nazul

III.

Grants-in-aid.

Revenue.

IV.

Loans advanced by Government

5. Repayment of loans.

(i) Works and Improvement Schemes

(ii) General purposes.

6. Interest of loans.

V.

Recovery of advances

(i) From General Dev. A/C.

(ii) From Rehousing A/C. etc.

VI. Suspense Accounts:

7. Suspense Accounts

(i) Investments.

(i) Investments.

(ii) Deposits

(ii) Deposits

(a) Securities.

(a) Securities.

(b) Lambardars money.

(b) Lambardars Money.

(c) Stamp receipts payable to Government.

(c) Stamp Receipts payable to

(d) Deposit and Contribution Works.

Government.

(e) Other Deposits.

(d) Deposit and Contribution Works.

(iii) Advances.

(e) Other deposits.

(iv) Accountant General Suspense.

(iii) Advance.

B GENERAL DEVELOPMENT ACCOUNT

Heads of Account VIII. Ordinary Revenue

Heads of Account 8. Administration

Form Completed Schemes,

(ii) Other receipts.

Sub-divided into detailed heads as shown in (i) above

(a) Salaries.

(i) General Administration Section

IX. Revenue from Works and Improvement Schemes A Major Works and Schemes (i) Delhi Ajmeri Gate Slum Cleairance (a) Sale of land (free hold) (b) Sale of building matedals (c) Premia (d) Ground rent

(1) Officers.

(2) Establishment,

Land Section Officers.

Establishment,

(iii) Accounts and Cash Section

(1) Officers.

(2) Establishment.

(e) Temporary lettings.

(iv) Internal Audit Section

(f) Receipts by compromise.

(1) Officers.

(g) Miscellaneous

(2) Establishment

(ii) Andha Mughal Colony Town Extension

(v) Sales Section

(iii) Roshanara Extension.

(1) Officers

Civt Minto Road

etc

.

(2) Establishment

Sub-divided into different schemes and project as sanctioned by Govt

(vi) Damages Section

B Minor Works.

(1) Officers.

(2) Establishment

X.

Grants-in-aid

(viii) Works and Development Section

(1) Officers.

XI.

Loans advanced by Government

(2) Establishment

(i) Works and Improvement Schemes

(viii) Slum Section Account etc.

(ii) General purposes.

(1) Officers.

(2) Establishment

XII.

Repayment of advances from Rehousing

(ix) Legal Section

(1) Officers.

XIII.

Interest.

(2) Establishment

XVI.

Suspense Accounts

(x) Building and Architecture Section

(i) Investments

(1) Officers.

(ii) Deposits;

(2) Establishment

(a) Securities

(xi) Tribunal

(b) Lambardar's money.

(1) Officers.

(c) Stamp receipts payable to Government.

(2) Establishment

(d) Deposit and contribution Works. (b) Travelling expenses:

(e) Other Deposits.

(1) Officers.

(iii) Advances.

(2) Establishment

(iv) Accountant General Suspenses.

Fees and Honouraria.

members

(ii) Lambardar's Commission

Audit Fees, Commission on sale of land

(v) Miscellaneous.

(d) Law Charges.

(e) Contingencies; (i) Furniture and Fittings (a) Office furniture, (b) Typewriters and duplicators, (c) Survey and drawing instruments, (d) Tools and plants, (ii) Books and periodicals (iii) Rents-Rates and taxes, (a) House Rent (b) Telephone Rent (c) Other items, (iv) Forms and stationery, (v) Printing and advertisement, (vi) Other office expenses. Add Amount of loss of staff quarters. Deduct (a) Share of cost chargeable to (i) Nazul Account.

(ii) Slum Account.

(b) Recovery from Rehousing Account.

9. Work and Improvement Schemes.

A Major Works and Schemes:

(i) Delhi Ajmeri Gate Slum Clearance

(a) Acquisition.

(b) Compensation.

(c) Sewerage

(d) Storm Water drains

(e) Communication

(f) Water supply

(g) Lighting

(h) Miscellaneous Public Improvements

(i) Levelling etc.

(j) Maintenance during construction

(k) Central Public Works Departmental Charges

(1) Audit Charges

(m) Preliminary Surveys

(ii) Andha Mughal Colony Town Extension.

(iii) Roshanara Extension.

(iv) Minto Road etc.

10. Miscellaneous Expenditure.

1 1 . Repayment of loans.

(a) to Government.

(b) to Nazul Account etc.

C REHOUSING ACCOUNT

Receipts Heads of Account Expenditure

XV. Special Loan for poor Class Rehousing Rehousing Schemes

(i)Construction of 288/D/S and S/S at Andha Mughal.

XVI. Revenue from Rehousing Schemes

Reclamation Colony:

Hire purchase Instalments

(b) Monthly Tenancy Ground Rent.

Sub-divided into detail heads in ledger (i) Where unnecessary.

(i) Construction of 384/D/S and SS houses at Andha Mughal.

(ii) Construction of 120 houses at W.E.A.

(iv)Cost of land etc.

(ii) Ara Kashan

15. Maintenance

(iii) Hathi Khana (i) Reclamation Colony.

(v) Anata Kidara etc.

(ii) Ara Kashan.

(iii) Hathi Khana

XVII. Subsidy from Government

(iv) Ahata Kidara etc.

XVIII. Temporary Advances

16. Equated Instalments of Loans.

(i) from Nazul Account.

(ii) From General Development Account etc.

17. Repayment of Advances

(a) To Nazm Account.

XIX. Grants-in-aid.

(b) To General Development Account etc

XX. Suspenses Accounts:

18. Interest on ad iiiccs.

(i) Investments.

(ii) Deposits.

19. Suspensed Account

(a) Securities.

(i) Investments

(b) Stamp receipts payable to Govt.

(ii) Deposits

(c) Others.

(a) Securities.

(iii) Advances

(b) Stamp receipts payable to Govt.

(iv) Account General-Suspenses.

(c) Others.

(iii) Advances.

D SLUM ACCOUNT

XXI. Loans

20. Share of cost of Administration (Transferred

(i) From Government.

from (b) General Development Account).

(ii) From Nazul Account.

21. Slum Clearance Schemes

XXII. Grants-in-aid

(i) To meet expendniture on Administration,

(ii) To meet expend ture on works.

(i) Transit Camp,

(ii) Development of open land for Housing,

(iii) Development of open land for Timber Trade.

XXIII Subsidy from Govemment

(i) For subsidized houses-

(ii) For other purposes-

(iv) Slum Service in Kataras

(a) By Competent Authority

(b) By D.M.C.

XXIV. Revenue from Scheme-

A From Subsidized houses

(i) Transit Camps,

(ii) From 272 houses Service personnel etc.

22. Maintenance,

(i) Transit Camps etc.

23. Equated Instalment of loans.

24. Repayment of Advances,

B From other Schemes

(i) Sale of land for housing

(ii) Sale of land for Tinmber

(iii) Premia.

(iv) Ground rent.

(v) Miscellaneous.

Loans and Advances,

To Local Bodies,

D.M.C.

(b) To other Bodies.

27. Grants-in-aid to Local Bodies

XXV. Miscellaneous Receipts

(i) N.D.M.C. (ii) D.M.C.

XXVI. Suspense Accounts

(i) Investments,

(ii) Deposits:

(a) Securities.

28. Suspense Account (i) Investments, (ii) Deposits:

(b) Stamp receipts payable to Govt.

(a) Securities.

(c) Others.

(b) Stamp receipts payable to Govt.

(iii) Advances.

(c) Others.

(iv) Account General-Suspenses.

(iii) Advances.

DELHI

DEVELOPMENT AUTHORITY

Form No. A-l

Budget Estimate for the year19 Part I

(Rules 3,7 and 8)

ANazul Account Abstract

BGeneral Development Account CRehousing Account. DSlum Account.

RECEIPTS EXPENDITURE

Major Heads

Actuals for the last year Sanctioned Estimate for the current year Revised

Estimate for the current year Budget Estimate for the next year

Major heads Actuals for the last year Sanctioned estimate for the current year

Revised

Estimate for the current year Budget Estimate for the nextyear

1

2

3

4

5

6

7

8

9

10

As in Appendix

As in Appendix

Total Receipt Total

Opening Balance .............-...................................................... Expenditure Closing General Total -........................................................................... Grand Total

Form No. A-1

Detailed Budget Estimates for the year 19

A Nazul Account

B General Development Account

C Rehousing Account.

D Slum Account.

RECEIPTS EXPENDITURE

HEADS OF ACCOUNTS

Actuals for the past 3 years

Sanctioned estimate for the current year 19

Actuals of last six month is of the year 19

Actuals of six months of the current year 19

Revised estimate for the current year 19

Budget estimate for next year 19

Variation between columns 5 and 8

Variation between columns 5 and 8

19

19

19

1

2

3

4

5

6

7

8

9

10

11

As in Appendix

HEADS OF

ACCOUNTS

the past years 3

Actuals for Sanctioned estimate for the current

year 19

Actuals o six month the year

flast is of 19

Actuals of six months of the current year

19

Revised estimate for the current

year 19

Budget estimate for next year 19

Variation between columns |

5 and 8 |

Variation between columns

5 and 8

19

19

19

1

2

3

4

5

6

7

8

9

10

11

As in Appendix

Schedule of Establishment

(RULES 4 AND 7) ...........................SECTION

Statement of details of provision proposed for pay of Officers Establishment for the year 19

1

2

3

4

5

6

7

Name and Designation Reference to page of Estimate from Sanctioned pay of the post Amount of provision for the year of the rate in column 3(c) Increment Falling due within the year Total provision for the Year i.e. total of columns 4 & 5(c) Remarks

(a)

(b)

(c)

Minimum

Maximum

Actual pay of the person concerned due on 1st April next year

Date increment

Rate increment

Amount of increment for the year

(a)

(b)

(c)

Schedule of New Works and Schemes

A Nazul Account

B General Development Account

C Rehousing Account.

D Slum Account.

(Rules 4 and 7)

Name of V/ork of Scheme

Total estimated cost

Provision proposed in the next year's budget

Remarks

1

2

3

4

DELHI

DEVELOPMENT AUTHORITY

Schedule of New Works and Semes'

A Nazul Account

B General Development Account

C Rehousing Account-DSlum Account

(Rules 4 and 7)

Name of Work or Scheme

Total estimated cost

Anticipated expenditure up to the end of current ye"

Future Liability

Provision made in the next year's budget

1

2

3

4

5

DELHI

DEVELOPMENT AUTHORITY

Statement of proposed re-appropriation (s) (Rule 18)

Heads of Budget estimates affected by the proposal

Actual expenditure upto date of the proposal

Amount in the sanctioned estimate

Proposed increase/ decrease

Amounts as they will stand after re-appropriation

Reasons for increase/ decrease

1

2

3

4

5

6

0)

Heads under which the proposed expenditure will fall.

Total

(2)

Heads under which it is proposed to reduce the grants.

Total

DELHI

DEVELOPMENT AUTHORITY

Schedule containing new items of expenditure other than Works and Schemes

(Rule 6)

No. of item

Head of Account

Particulars of Item

Amount proposed

Ground for expenditure or reference to orders sanctioning it

Remarks

1

2

3

4

5

6

Statement to accompany all applications for additional funds which cannot be provided by re-appropriation within the sanctioned budget estimates

(Rule 15)

Budget Heads

Description of item of Work or Scheme

Actual expenditure upto date

Amount as in the sanctioned estimate

Proposed increase

Provisions as it will stand after the increase

Remarks

Actual income upto date

1

2

3

4

5

6

7

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

These rules may be called the Delhi Development (Procedure for Reference to the Central Government) Rules, 1960.

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.

(1) Before making any reference to the Central Government under Section 36 of the Act in respect of any areas, 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 specification 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 0responsibility 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 but 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 provision 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 (i) 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.

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:

These rules may be called the Delhi Development (Procedure for Reference to the Central Government) Rules, 1960.

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.

(1) Before making any reference to the Central Government under Section 36 of the Act in respect of any areas, 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 specification 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 but 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 provision 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 shall be accompanied by

(a) A copy of statement referred to in sub-rule (i) 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.

In exercise of the powers conferred by Clause (jj) of sub-section (2) of Section 56 read with sub-section (3) of Section 31 of the Delhi Development Act, 1957 (61 of 1957),the Central Government hereby makes the following rules namely:

1. These rules may be called the Delhi Delhi Development Authority (Procedure to stop development) rules, 1974.

2. They shall come into force on the date of publication in the Official Gazette.

In these rules, unless the context otherwise requires:

(1) 'Act' means the Delhi Development Act of 1957 (61 of 1957).

(2) 'Administrator' means the Administrator of Union Territory of Delhi.

(3) 'Competent local Authority' means the Delhi Municipal Corporation, the New Delhi Municipal Committee, or the Cantonment Board, as the case may be.

(4) 'Master Plan' means the master plan of Delhi approved by the Central Government under sub-section(2) of Section 9 of the Act.

(5) 'Zonal Development Plan' means the Zonal development plan of a zone approved by the Central Government under sub-section (2) of Section 9 of the Act.

(1) If any development in an area other than a development area has commenced in contravention of the master plan or zonal development plan for that zone, or without the approval or sanction referred to in section 12 of the Act, or in contravention of any condition subject to which such approval or sanction has been given and competent local authority has failed to make an order under sub-section (1) of section 31 of the Act requiring the development to be discontinued, or as the case may be, a requisition under sub-section

(2) of Section 31 of the Act requiring a police officer to remove the person by whom the development has been commenced and all his assistants and workmen from the place of development, within the time specified in this behalf by Administrator, under sub-section

(3) of Section 31 of the Act, the Administrator, shall if he is of the opinion that such development should be discontinued, serve notice upon the owner of such development or the person at whose instance it has been commenced, calling upon him to show cause, within a period of fifteen days why a direction be not issued to an officer to make and to stop development.

FORM

(Rules 3)

FORM 'A'

(Rules 3)

Notice under sub-rule (1) of rule 3 of the Delhi Development Authority (Procedure to stop Development) Rules, 1974.

To

.

.

No.............. Dated.............

Whereas it has come to my notice that on plot No..........falling within the jurisdiction of the Delhi Municipal Corporation ................................................... New Delhi Municipal Committee ...................................................... Cantonment Board ........................................................................ the following development has been commenced namely:

And whereas such development has been commenced in contravention of the Master Plan of Delhi.....................in contravention of the Zonal development plan of zone (to be described) Municipal Corporation of Delhi .......................................... New Delhi Municipal Committee ......................................................... Cantonment Board Under Section 12 of the Delhi Development Act, 1957 ................................. in contravention of the condition subject to which approval or sanction of the Municipal Corporation of Delhi New Delhi Municipal Committee Cantonment Board.

Under section 12 of the Delhi Development Act has been granted and whereas the Municipal Corporation of Delhi ......................................................... New Delhi Municipal Committee ......................................................... Cantonment Board..................................................................... has failed to make an order sub-section (1)................................................ a requisition under sub-section (2)...................................................... of section 31 of the Delhi Development act, 1957 (61 of 1957), within the time allowed by the undersigned in this behalf.

And whereas you as owner of the said development or at whose instance the said development, has been commenced are called upon to show cause why such development should not be directed to be removed and stopped within............days.

In exercise of the powers conferred by sub-section (1) section 56 of the Delhi Development Act, 1957 (61 of 1957), read with clause (jj) of sub-section (2) of that section and sub-section (1A) of section 30, the Central Government hereby makes the following rules namely:

(1) These rules may be called the Delhi Development Authority (Removal of Objectionable Developments) Rules, 1975.

(2) They shall come into force on the date of publication in the Official Gazette.

In these rules, unless the context otherwise requiries:

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

(2) 'Administrator' means the Administrator of the Union Territory of Delhi;

(3) 'Competent Authority' means the Municipal Corporation of Delhi or the New Delhi Municipal Committee or the Delhi Cantonment Board, as the case may be;

(4) 'Master Plan' means the Master Plan of Delhi approved by the Central Government under sub-section (2) of section 9 of the Act; and

(5) 'Zonal Development Plan' means the zonal development plan of a zone approved by the Central Government under sub-section (2) of section 9 of the Act.

(1) If any development in an area other than a development area has been commenced or is being carried on or has been completed in contravention of the master plan or zonal development plan, or without the approval or sanction referred to in section 12 of the Act, or in contravention of any condition subject to which such approval or sanction has been granted and the competent authority has failed to remove or cause to be removed the development within such time as may be specified in this behalf or by the Administrator of the Union Territory of Delhi, the Administrator shall serve a notice calling upon the owner thereof, or the persons at whose instance the development has been commenced or is being or has been completed, to show cause within a period of not less than seven days and not more than thirty days as may be specified therein, as to why a direction be not issued that such development be removed by demolition or otherwise.

(2) Such notice shall be in a form 'A' appended to these rules and shall be served in the manner prescribed by Section 43 of the Act.

Where any objection or representation has been received before the expiry of the period specified in the notice under sub-rule (1) of rule 3, the Administrator shall fix a date, time and place for hearing the person or persons on whom notice has been served, in regard to such objection or representation.

(2) At the said hearing, if any, the person or persons making the objection or representation may, at the discretion of the Administrator, be permitted to present the case through a counsel.

(3) The Administrator shall, after considering the objection or representation and hearing the party who has filed the objection or representation, give such direction as he deems fit and cause a copy of the said direction to be served on the person, on whom the notice had been served immediately after the giving of the direction.

After consideration of the objection or representation submitted in pursuance of the notice under sub-rule (1) of rule 3, and the points urged at the hearing mentioned in sub-rule (1) of the rule 4, and any other matter or information which may be in his possession or which may come to his knowledge the Administrator may either direct that the notice shall be withdrawn or direct an officer, who shall be named, to remove or cause to be removed the development by demolition or to otherwise within such time as may be specified in the direction or within such extended time as the Adminstrator may, upon receipt of a request from the said officer in this behalf, allow.

FORM

(Rule 3)

FORM 'A'

(Rule 3)

Notice under sub-rule (1) of rule 3 of the Delhi Development Authority (Removal of objectionable Development Rules, 1975

To

..

No............... Dated, Delhi the 199......... Whereas it has come to my notice that on plot No......................falling within the jurisdiction of the Delhi Municipal Corporation, New Delhi Municipal Committee/ Cantonment Board, the following development has been commenced is being carried on, has been completed namely :

..

..

..

And whereas such development has been commenced/is being carried on/has been completed in contravention of the Master Plan of Delhi in contravention of the zonal development plan of zone*( ) without the approval or sanction of the Municipal Corporation of Delhi/New Delhi Municipal Committee/Cantonment Board under Section 12 of the Delhi Development Act, 1957 in contravention of the conditions subject to which approval or sanction of the Municpal Corporation of Delhi, New Delhi Municipal Committee/Cantonment Board under Section 12 of the Delhi Development Act has been granted.

And whereas the Municipal Corporation of Delhi/New Delhi Municipal Committee/ Cantonment Board has failed to remove the said development within the time allowed by the undersigned in this behalf.

And whereas you are the owner of the said development of the person at whose instance the said development has been commenced/is being carried on/has been completed.

Now, therefore, the undersigned hereby gives you notice, under rule 3 of the Delhi Development Authority (Removal of Objectionable development Rules 1975, to show cause on or before the .................................................. day of .................................................. 197, as to why a direction be not issued under sub-Section (1-A) of section 30 of the Delhi Development Act, 1957 (61 of 1957) that the said development be removed by demolition or otherwise.

If you fail to show cause by the date as aforesaid, the matter will be decided ex pane, Administrator of the Union Territory of Delhi

In exercise of the powers conferred by subsection (i) of section 56 of the Delhi Development Act, 1957 (61 of 1957) read with clauses, (b), (c) and (i) of sub-section (2) of that section, the Central Government hereby makes the following rules, namely

These rules may be called the Delhi Development Authority Rules, 1958.

2. They shall come into force at once.

In these rules, Authority" means the Delhi Development Authority, "Advisory Council" means the Advisory Council of the Delhi Development Authority.

(1) a person shall be disqualified for being chosen as, or for being, member of the Authority or the Advisory Council:

(a) if he is of unsound mind and stands so declared by a competent court;

(b) if he is an undischarged insolvant;

(c) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State:

(d) if he is a licensed architect, draftsman, engineer, plumber, surveyor or town planner or is a partner or employee of a firm of which any such licensed persons is also a partner;

(e) if he is interested, directly or indirectly, in any business of development of land in Delhi;

(f) if he is interested in any subsisting contract made with, or any work being done for, the Authority except as a share-holder (other than a director) in an incorporated company or as a member of a co-operative society;

(g) if he is retained or employed in any professional capacity either personally or in the name of a firm of which he is a partner or with which he is engaged in professional capacity, in connection with any cause or proceeding in which the Authority is interested or concerned;

(h) if he having held any office under the Government, has been dismissed for Corruption or disloyalty to the State unless a period of four years has elapsed since his dismissal or the disqualification has been removed by the Central Government

(i) if he fails to pay any arrear of any kind due by him, otherwise than as an agent, receiver, trustee or an executor, to the Authority within three months after a notice in this behalf has been served upon him.

(2) Notwithstanding anything contained in sub-rule (1), a person shall not be deemed to have any 11. Subs. vide Govt. of India Ministry of Health notification No.F.12-19/57L.S.G.,dated the 18th July, 1958. [interest in a business or a contract or work such as is referred to in clause (e) or clause (f) of that sub-rule] by reason only of his having a share or interest in-

(i) any lease, sale, exchange or purchase of immovable property or any agreement for the same; or

(ii) any agreement for the loan of money or any security for the payment of money only; or

(iii) any newspaper in which any advertisement relating to the affairs of the Authority is inserted; or

(iv) the sale to the Authority or to any officer or other employee of the Authority on behalf of the Authority, of any article in which he regularly trades or the purchases from the Authority, or from any officer or other employee on behalf of the Authority, of any article of a value in either case not exceeding five thousand rupees in the aggregate in any year during the period of the contract or work: or

(v) the letting out on hire to the Authority or the hiring from the Authority of any article of value not exceeding two thousand rupees in the aggregate in any year during the period of the contract or work.

The salaries, allowance and conditions of service of the whole-time paid members of the Authority shall be such as may be determined by the Central Government at the time of their appointment.

Provided that as respects any matter which is not specifically so determined by the Central Government, the rules applicable to the other staff of the Authority shall also apply to the whole time member of the Authority.

In exercise of the powers conferred by clause, (ja) of sub-section (2) of Section 56 of the Delhi Development Act, 1957 (No, 61 of 1957), the Central Government hereby makes the following rules namely

(1) These rules may be called the Delhi Development Authority (Sealing of Development) Rules, 1986,

(2) They shall come into force on the date of iiieir publication in the official gazette.

In these rules, unless the context otherwise requires,

(i) 'Act' means the Delhi Development Act, 1957;

(ii) 'Authority' means the Delhi Development Authority constituted under section 3 of the Act;

(iii) 'the competent authority' means the Competent Authority as defined in the 'Explanation' to section 31-D of the Act.

The order of sealing a development shall be made in writing and shall be served upon the owner or the person at whose instance the development has been commenced or is being carried out or has been completed in the manner provided under section 43 of the Act.

The sealing under sub-section (1) of section 31 A of the Act shall be made in the following manner namely:

(i) affixing the office seal on outer door or opening of the development after all other outlets and inlets to the development have been properly bolted, locked, or encircled with rope, wire or wire-mesh;

(ii) where doors and windows have not been fixed to the development or where the development is of such nature that it cannot be encircled with rope, wire or wire-mesh in that case such development shall be covered by wooden planks, iron or cement sheets and office seal affixed in a manner that no person can enter into or upon the development without tampering the office seaj;or

(iii) where any development is found locked, the lock may be broken open or any door, gate or any other barrier caused to be opened and an inventory of the articles found in the premises shall be taken in the presence of the owner.

These Rules may be called the "District Relief Fund" (Regulation of Income and Expenditure) Rules, 1979.

In these rules, unless the context otherwise requires

(a) 'Lieutenant Governor' means the Lieutenant Governor/Administrator, Delhi.

(b) 'Deputy Commissioner' means the Deputy Commissioner, Delhi.

(c) 'Fund' means the District Relief Fund created solely by contributions from the public and public organisations on a voluntary basis and transfer of balance lying at present in the District Relief Fund of similar nature being administered by the Deputy Commissioner.

(d) 'Territory' means the Union Territory of Delhi.

The Deputy Commissioner, Delhi will be the Chairman of the District Relief Fund. There will also be Hon. Secretary and Honorary Treasurer for assisting the Chairman in operating the Relief Fund. The Hon. Secy, and Hon. Treasurer will be appointed by the Chairman with the approval of the Chief Executive Councillor/Lt. Governor.

All contribution to the 'District Relief Fund' will be received by the Secretary/ Treasurer who will cause issue of formal printed receipt to all the donors to the fund.

Payment from the Fund upto Rs. 500 in each case will be sanctioned by the Chairman. District Relief Fund. Payment for more than Rs. 500 in any one case will require the period approval of both the Lt. Governor and the Chief Executive Councillor.

(1) The Fund will be utilised for providing relief to the people adversely affected by natural calamities like floods, droughts, earthquake, fire etc. or any other similar calamity like giving relief to indigent persons in need of urgent assistance e.g., medical aid, food, shelter etc. The grant of assistance to the aforesaid persons will he made by the Chairman, District Relief Fund in individual cases but where a large number of persons are affected, the Chairman will consult the Chief Executive Councillor/Lt. Governor about the general policy including scale of relief. Relief under these rules be provided to such persons to whom no financial assistance has been afforded from other sources or if any assistance has been provided already its quantum is found to be quite negligible.

(2) Payment from District Relief Fund may be made for any other purpose by the Chairman subject to prior approval of the Chief Executive Councillor.Lt. Governor.

All persons whose houses are damaged or destroyed by the calamities, shall generally be eligible to receive the assistance for rebuilding houses, having regard to the nature and extent of damage caused to their houses, if they do not have the resources to rebuild or reconstruct. Explanation In determining whether a person is not in a position to rebuild his own house, the authority concerned should not be guided merely by the fact that the person concerned owns a fairly big house. In such calamities even will-to-do persons are sometimes rendered helpless and if it is found they are not in a position to obtain outside assistance to the repair or reconstruct their houses, assitance out of this fund should not be denied to them.

Persons, whose houses are damaged or destroyed by natural calamities, may be given subsidy subject to the following limits to enable them to repair or reconstruct their houses- Subsidy upto 50 per cent of the total cost of repair or reconstruction of the house or Rs. 500 whichever is I.

The victims of calamity seeking relief shall make written application to the Chairman, District Relief Fund, within days from the date of loss. The time limit may be relaxed by the Deputy Commissioner, Chairman, District Relief Fund for a maximum of 60 additional days, if he is satisfied that the applicant could not submit the application within the time limit, due to reasons beyond has power and control. The victims of calamity seeking relief shall make written application to the Chairman, District Relief Fund, within days from the date of loss. The time limit may be relaxed by the Deputy Commissioner, Chairman, District Relief Fund for a maximum of 60 additional days, if he is satisfied that the applicant could not submit the application within the time limit, due to reasons beyond has power and control. The victims of calamity seeking relief shall make written application to the Chairman, District Relief Fund, within days from the date of loss. The time limit may be relaxed by the Deputy Commissioner, Chairman, District Relief Fund for a maximum of 60 additional days, if he is satisfied that the applicant could not submit the application within the time limit, due to reasons beyond has power and control.

If the Chairman so desire a local inquiry will be made in respect of any application by the Officer-in-Charge (CCS)/Tehsildar, Delhi who should make their recommendations regarding the nature and the quantum of relief appropriate in the case.

The accounts of the Fund will be maintained by the Treasurer of the Fund who will make such suite arrangements as may be considered necessary for their proper up keep and maintenance. The overall responsibility for maintenance of proper accounts etc., will be that of the Deputy Commissioner.

The accounts of the Fund will be audited annually by the Examiner, Local Fund Accounts, Delhi Administrator Delhi free of any charge who will prepare the audit report and submit the same to the Lt. Governor, Delhi through the Deputy Commissioner, Delhi.

These rules will come into effect immediately and shall supersede all previous rules and orders on the subject, if any.

In exercise of the powers conferred by sub-section(l) of section 56 of the Delhi Development Act, read with clauses (i) and (r) of sub-section (2) of that section, the Central Government hereby makes the following rules, namely:

These rules may be called the Delhi Development (Betterment Charge Arbitration) Rules 1961.

In these rules, unless there is anything repugnant in the subject or context:

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

(b) "Arbitrators" means the arbitrators appointed by the Central Government under section 39 of the Act;

(c) "Authority" means the Delhi Development Authority constituted under the Act;

(d) "Objector" means a person on whom notice has been served in respect of land to be assessed under Section 38 of the Act and who dissented from or has failed to give the Authority information of his acceptance of, the assessment made by the Authority, and "object" with its grammatical variations, shall mean accordingly, dissenting from or failing to accept the assessment made by the Authority.

(1) As soon as may be, after the assessment made by the authority of the amount of betterment charge payable by any person in respect of any property has been objected to, the Authority shall refer for the determination by the arbitrators, of the betterment charge, the persons by whom it is payable and the apportionment, if any, of the betterment charge among the persons liable.

(2) In making the reference, the Authority shall state for the information of the arbitrators, in writing:

(a) the situation and extent of the land regarding which the betterment charge is to be determined;

(b) the names of the persons by whom betterment charge is payable;

(c) the amount of betterment charge payable by each person;

(d) the objection, in any, filed by the objector;

(e) a brief statement of the basis of the assessment of the amount of betterment charge.

(1) The arbitrators shall thereupon cause a notice specifying the day on which and the place where the arbitrators will proceed to determine the betterment charge and the person or persons by whom it is payable and directing their appearance before the arbitrators to be served on the following, namely:

(a) the Authority;

(b) all objectors.

(2) The arbitrators may, in addition, give a public notice in the manner prescribed in section 44 of the Act addressed to all objectors with or without naming them of the matters referred to in sub-rule (1). The publication of such notice shall be deemed to be a service of the notice on all objectors.

The Authority shall be entitled to appear through such officer or agent as may be appointed by it in this behalf or through legal practitioners authorised by it and the objectors shall be entitled to appear personally or through their authorised agents or pleaders.

The arbitrators shall, for the purpose of holding any enquiry under these rules, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 when trying a suit, in respect of the following matters, namely:

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of documents;

(c) administering to any party in the arbitration such interrogatories as may, in the opinion of the arbitrators, be necessary.

On the first day of hearing, or on subsequent day which the arbitrators may appoint in this behalf, each objector shall file a statement in writing stating the grounds on which he objects to the assessment by the Authority.

If any of the objectors does not appear on the day of hearing or on any other day to which the hearing may have been postponed, the arbitrators may proceed expanse against such objector.

Provided that where the hearing has been adjourned and the objector, at such hearing, appears and shows sufficient cause for his previous non-appearance, he may, upon such terms as the arbitrators direct as to costs or otherwise, be heard as if he has appeared on the day fixed for her appearance.

(1) The arbitrators may from time to time adjourn the proceedings.

(2) The arbitrators may, if sufficient cause is shown, at any stage of the proceedings, grant time to the parties or any of them, and may make such orders as they think fit with respect to the costs occasioned by such adjournment.

After the day fixed for the filing for the objections the arbitrators shall adjourn the proceedings to a subsequent day for further hearing.

The Authority shall have the right to begin and shall state its case and produce their evidence, if any.

(1) The objectors, in the order directed by the arbitrators, shall then state their cases and produce their evidence, if any.

(2) The Authority may then produce its evidence, if any in rebuttal.

The arbitrators shall record the summary of evidence tendered before them. The summary of such evidence and any relevant documents filed before them shall form a part of the record of the proceedings.

After the conclusion of the evidence of the parties the Authority shall be heard in support of its case and the objectors, in the order directed by the arbitrators, in support of their case. The authority shall be entitled to reply generally on the whole case and also regarding each objector individually.

Where the Central Government appoints another person to take the place of an arbitrator who has died, resigned or is removed or refuses or neglects to perform his duties or becomes incapable of performing the same, then not with standing such change, the proceedings shall be continued and shall be deemed to have taken place as if there has been no change in the arbitrators.

The arbitrators, may, at any stage of the proceedings, inspect any property in respect of which the betterment charge is to be determined.

(1) The arbitrators, after hearings have been concluded, shall pronounce their award on the day fixed for the purpose and shall communicate the substance thereof to each objector.

Explanation The award may be in parts dealing with different objectors or different sets of objectors whose objections involve substantially the same question for determination.

(2) The award shall specify the betterment charge regarding each property and apportionment, if any, of such charge between the owner of the property or any other person having an interest therein and shall state briefly the grounds on which the decision of the arbitrators is based.

(3) The award shall also state the amounts of costs incurred on the proceedings and by whom and in what proportions they are to be paid.

(4) When the assessment of the Authority is not upheld the cost shall ordinarily be paid by the Authority unless the arbitrators are of opinion that the assessment by the Authority was not excessive or that there were reasonable grounds for the assessment by the Authority.

(1) The award shall be dated and signed by arbitrators and, when once signed, shall not afterwards be altered or added to, except as provided in sub-rule (2).

(2) Clerical or arithmetical mistakes in the award or errors arising from any accident slip or omission may be corrected by such officer as may be appointed by the Central Government in this behalf on his own motion or on the application of any of the parties.

The arbitrators shall make the award within six months of their entering upon the arbitration: Provided that the Central Government may, if it thinks fit, whether the time for making the award has expired or not, enlarge from time to time for making the award.

(1) As soon as may be but not later than one month after the pronouncement of the award, the arbitrators shall send the award to the Authority, and a copy of it to the Central Government

(2) Any objector may, on application and payment of the fees as are prescribed by sub-rule (3), obtain a copy of the award from the Authority.

(3) Fees for a copy of the award shall be charged at the following rates:

(1) for the first 200 words or under: 00.80 p.

(2) for every additional 100 words or fraction thereof: 00.80 p.

(3) in case the copy is required urgently: double the above rates.

The Authority shall pay to the arbitrators such fees as the Central Government may fix.

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

(1) These rules may be called the Delhi Development Authority (Election of Representatives of Delhi Municipal Corporation) Rules, 1958.

(2) They shall come into force at once.

(1) The election of two representatives of the Municipal Corporation of Delhi (hereinafter referred to as the Corporation) in pursuance of clause (e) of sub section (3) of Section 3 of the Delhi development Act, 1957 (61 of 1957) shall be held at a meeting of the Corporation in accordance with the system of proportional representative by means of the single transferable vote and the voting at such election shall be by secret ballot.

(2) Every candidate for election of such representative shall be nominated by a nomination paper in Form 1 which shall be signed by the candidate and two other members of the Corporation as proposer and seconder and delivered to the Municipal Secretary between the hours of eleven O'clock in the forenoon and five O'clock in the afternoon at least three clear days before the date of meeting at which the election is to be held.

(3) No member of the Corporation shall sign as proposer or seconder in the nomination papers of more candidates than the number of representatives to be elected. Any nomination paper subscribed in contravention of this sub-rule shall be invalid and shall be declared as such by the Mayor.

(4) Any candidate may withdraw his candidature at any time before the election is proceeded within the meeting.

(5) Where the number of validly nominated candidates is equal to, or less than, the number of representatives to be elected, the Mayor shall declare all such candidates to be duly elected as representatives of the Corporation, and where the number of validly nominated candidates is more than the number of representatives to be elected, a poll shall be taken.

(6) The Municipal secretary shall provide at the meeting:

(a) a bailor box;

(b) a sufficient number of ballot papers as prescribed in Form 2;

(c) materials sufficient for the purpose of enabling members of the Corporation to mark ballot papers.

(7)

(a) Every member of the Corporation shall have one vote only.

(b) A member in giving his vote

(i) shall place on his ballot paper the figure 1 in the space opposite the name of the candidate for whom he votes; and

(ii) may, in addition, place on his ballot paper the figure 2 or the figures 2,3, 4 and so on in the spaces opposite the names of other candidates in the order of his preference.

(8)

(a) Every member of Corporation on receiving a ballot paper shall proceed into one of the polling compartments provided for the purpose of recording votes and shall there record his vote in accordance with the instruction set out on the ballot paper.

(b) The member shall then before quitting the polling compartment, fold up his ballot paper so as to conceal his vote and put the ballot paper so folded into the ballot box in the presence of the Mayor.

(c) Every member shall record his vote and quit and the polling compartment without undue delay.

(9) The ballot box shall remain open for the casting of votes for such period as may be fixed by the Mayor.

(10)

(a) As soon as the period fixed for casting of votes is over, the Mayor shall

(i) open the ballot box and take out the ballot papers contained therein;

(ii) count the number of ballot papers so taken out or cause it to be counted and record such number in a statement;

(iii) scrutinize the ballot papers and separate the ballot papers which he deems valid from those which he rejects as invalid by endorsing thereon the word "Rejected" and the ground of such rejection;

(iv) arrange the valid ballot papers in parcels according to the first preference recorded for each candidate; and

(v) count the votes in the meeting in the presence of such of the members as may be present, with the assistance of such persons as may be appointed by the Mayor in this behalf.

(b) The provisions of rule 115, sub-rule (1) or rule 116, rules 121 to 127 and 129 of Representation of the People (Conduct of Elections and Election Petitions) Rules, 1956, shall so far as may be, apply in relation to the counting of votes at elections in council constituencies subject to the modification that any reference to the "returning officer" in any of those provisions shall be construed as a reference to the "mayor".

(11) Upon the completion of the counting of votes, the Mayor shall prepare and certify a return in Form 3 setting forth

(i) the names of the candidates for whom valid votes have been given;

(ii) the number of valid votes given to each candidate;

(iii) the number of valid votes declared invalid and rejected; and

(iv) the names of the persons declared elected; and shall forward an attested copy thereof to the Chairman of Delhi Development Authority.

(12) The ballot papers shall be kept by the Municipal secretary for three months from the date of election and may then be destroyed by him.

FORM

[See Rule 2(2)]

FORM 1

Nomination Paper

[See Rule 2(2)]

Election of representatives of Municipal Corporation of Delhi under clause (e) of sub-section (3) of section 3 of Delhi Development Act, 1957.

(To be filled by the proposer)

I hereby nominate Shri/Smt.a Councilor/an alderman, as a candidate for election as a representative of the Corporation on the Delhi Development Authority.

1. Full Name of proposer.

2. Full name of Seconder.

Signature of proposer.

Dated.

Signature of Seconder.

(To be filled by the candidate)

I, the above-mentioned candidate, assent to this nomination.

Signature of Candidate

Dated. ..

(To be filled by the Municipal Secretary)

S. No. of nomination paper. ..

This nomination paper was delivered to me at my office at.. (hour) on

. .....(date) by the candidate/proposer/seconder.

Municipal Secretary

Dated. .

Receipt for nomination paper -to be handed over to the person presenting the nomination paper.

S. No. of nomination paper. .

This nomination paper of........ ...... a candidate for election of representative of the Municipal Corporation of Delhi to Development Authority was delivered to me at my office at.... .(hour) on... .....(date) by the candidate/proposer/seconder.

Dated. ....

Municipal Secretary

FORM

[See Rule 2(6)]

FORM 2

Ballot Papers

[See Rule 2(6)]

Election of representatives of the Municipal Corporation of Delhi under clause (e) of sub-section (3) of Section 3 of the Delhi Development Act, 1957.

S I. No. of Candidate Name of Candidate Mark order of Preference 1. 2. 3. 4. Etc.

INSTRUCTIONS

1. The number of representatives to be elected is...

2. Vote by placing the figure 1 in the space opposite the name of the candidate for whom you wish to vote. Place the figure '1' opposite the name of one candidate only (although... representative(s) are to be elected).

3. You may indicate your relative preference for the other candidates by placing in the spaces opposite their names the figures 2, 3, 4 etc. in order of such preference.

4. Do not place more than one figure opposite the name of any candidate.

5. Do not place same figure opposite the names of more candidates than one.

Back

Serial No.

FORM

FORM 3

Return of Election

[See Rule 2(ii)]

Election of the representatives of the Municipal Corporation of Delhi under clause (e) of Sub-section (3) of section 3 of the Delhi Development Act, 1957.

S

I.

No. Name of Candidate Number of valid votes given to the candidate (1) (2) Etc.

Total number of valid votes. .

Total number of invalid votes.

I declare that:

(Name).. .

(Name)... .

have been duly elected.

(Signature)

Dated.

MAYOR

In exercise of the powers conferred by Clause (b) of sub-section (2) of Section 56 read with sub-section (3) of Section 31 -C the Delhi Development Act 1957 (No. 61 of 1957), the Central Government makes the following rules, namely:

These rules may be called the Delhi Development Authority (Form of Appeal) Rules, 1986.

(2) They shall come into force from the date of their publication in the offical gazette.

In these rules unless the context otherwise requires:

(1) 'Act' means the Delhi Development Act, 1957.

(2) 'Authority' means the Delhi Development Authority constituted under section 3 of the Act;

(3) 'Appellate Tribunal' means Appellate Tribunal constituted under Section 347 A of the Delhi Municipal Corporation Act, 1957 and deemed as such under Section 31 -B of the Act;

(4) 'Local Authority' means the Municipal Corporation of Delhi constituted under Section 3 of the Delhi Municipal Corporation Act, 1957 (61 of 1957) or the New Delhi Municipal Committee constituted under the Punjab Municipal Act 1911 or Delhi cantonment Board constituted under Section 13 of the Cantonment Act, 1924.

An appeal to the Appellate Tribunal shall be made in Form 'A' annexed to these rules.

The appeal shall be accompanied by:

(i) a certified copy of the order appealed against.

(ii) statement of the value of the subject-matter of the appeal.

(iii) document along with a list thereof, on which the appellant wishes to place reliance during the course of the hearing before the Appellate Tribunal.

The appellant shall deposit a sum of Rs.100/- on account of fees in the offfice of the Tribunal and attach a copy of the receipt along-with the appeal.

FORM

(See Rule 3)

FORM 'A'

(See Rule 3)

Before Shri ... ... ... Appellate Tribunal, Delhi Development.

Shri ... ... ... S/OShri ... ... ... Resident of .....................Appellant Versus Authority/Local Authority concerned. ....................Respondent.

Appeal against order dated.......................................... Passed by Shri................................................ (Designation of the Officer) under clause................................. of Sub-section (1) of Section 31-C of the Delhi Development Act, 1957.

Sir,

The appellant submits as under:

1. That on.........(date), Shri........................ has passed an order under section ..., .......................................

2. That the appellant is aggrieved by the said order..................on the following grounds:

(i) ............

(ii) ............

etc.............

3. That the appellant claims relief in the following manner.....................

4. That the fee of Rs.100/- deposited vide receipt No........................

Dated..............................

Place..............................

Signature of the Applicant

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

These Rules may be called the Delhi Development (Grant of Allowance to Nonofficial Members of the Advisory Council) Rules, 1959.

In these rules, (unless the context otherwise requires)

(i) "Act" means the Delhi Development Act, 1957,

(ii)"Advisory Council" means the advisory council constituted under section 5 of the Act, and

(iii) "Authority" means the Delhi Development Authority constituted under section 3 of the Act.

(1) A non-official member of the Advisory Council shall be paid by the Authority

(i) daily allowance at the rate of Rs. 15 per day for attending a meeting of the Advisory Council, and

(ii) whenever a member, who is not a resident of Delhi, has to come from an outstation to Delhi specifically to attend a meeting of the Advisory Council, mileage allowance for the journey at such rate as is admissible to an officer of the Central Government of the first grade, under Section V of the Supplementary Rules of the Central Government:

Provided that in case of a member of Parliament, who is also a member of the Advisory Council, the said daily and mileage allowance will be admissible when the Parliament is not in session and on production of a certificate by the member that he has not drawn any such allowance for the same journey and halts from any other Government source.

(1) These rules may be called the Delhi Development Authority (Issue of Debentures) Rules, 1977.

(2) They shall come into force on the date of their publication in the official Gazette.

In these 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;

(c) "Debenture" means a debenture issued by the Authority under sub-section (5) of section 23 of the Act and includes a bond issued by the Authority;

(d) "Defaced Debenture" means a Debenture which has been made illegible and rendered undecipherable in material parts and the material parts on a Debenture are the parts where

(i) the number, the issue to which it appertains and the face value of the Debenture or payments of interest as recorded; or

(ii) the endorsement or the name of the payee is written; or

(iii) the renewal receipt is supplied.

(e) "Form" means a form set out in the Schedule to these rules;

(f) "Lost Debenture" means a debenture which has been lost and shall not include a Debenture which is in the possession of some person adversely to the claimant;

(g) "Mutilated Debenture" means a Debenture which has been destroyed, or torn or damaged, in material parts thereof;

(h) "Office of issue", in relation to a Debenture, means the office of the State Bank which sold the Debenture;

(i) "Prescribed officer" means the such officer of the Authority or the State Bank which sold the Debenture;

(j) "Registered holder", in relation to a Debenture, means the person whose name is entered as the holder of such Debenture in the register of holders of Debentures kept under sub-rule (2) of rule 4;

(k) "State Bank" means the State Bank of India established under the State Bank of India Act, 1955 (23 of 1955).

(1) A Debenture shall be issued in the form of promissory note payable to, or to the order of a certain person.

(2) A Debenture shall be transferable by endorsement and delivery like a promissory note payable to order.

(3) No endorsement of a Debenture shall be valid unless made by the signature of the holder or his duty constituted attorney or representative, inscribed on the back of the Debenture itself.

(4) No writing on a Debenture is valid for the purpose of negotiation if such writing purports to transfer only part of the amount denominated by the Debenture.

(5) The Debenture shall be issued over the signature of the Vice-Chairman of the Authority which may be printed, engraved or lithographed or impressed by such other mechanical process as the Authority may direct and a signature so printed, engraved, lithographed or otherwise impressed shall be as valid as if it had been inscribed in the proper handwriting of the signatory himself.

(1) The Debentures shall be issued through the State Bank.

(2) A list of the Debentures sold by the State Bank shall be forwarded to the office of the Authority for the purpose of entry in the register of holders of Debentures which shall be kept by the Authority.

(3) The register of holders of Debentures may be in one or more books and shall contain the following particulars in respect of holders of Debentures, namely

(a) the name and address, and the occupation if any, of each Debenture holder;

(b) the Debentures held by each holder, distinguishing each Debenture by the number, and the amount paid or agreed to be considered as paid on those Debentures;

(c) the date at which each person was entered in the register as a Debenture-holder; and

(d) the date at which any person ceased to be a Debenture holder.

Interest due on a Debenture shall be paid by the office of issue or any other office of the State Bank specified in the Debenture prospectus, on presentation of the Debenture and subject to compliance by the holder of the Debenture with such other formalities as the office of issue may require and such interest shall be paid to such holder by issuing an interest warrant in his favour payable at any of the offices of the State Bank specified on the interest warrant.

(1) Every application for the issue of a duplicate Debenture in the place of a Debenture which is alleged to have been lost, stolen, destroyed, mutilated or defaced, either wholly or in part shall be addressee to the office of issue, and shall contain the following particulars, namely

(a) particulars of the Debenture according to the following form Debenture of Rs...........; No................of the.........per cent Debenture.........;

(b) last half year for which interest has been paid;

(c) the person to whom such interest was paid;

(d) the person in whose name the Debenture was issued (if known);

(e) the place of payment of interest at which the Debenture was enfaced;

(f) the circumstances attending the loss, theft, destruction, mutilation or defacement; and

(g) whether the loss, theft or destruction was reported to the police.

(2) Every application referred to in sub-rule(l) shall be accompanied by

(a) where the Debenture was lost in the course of transmission by registered post, the post office registration receipt for the cover containing the Debenture;

(b) If the loss, theft or destruction was reported to the police, a copy of the police report;

(c) where the last payment of interest was made not by the office of issue, a letter signed by the Manager of the State Bank where interest was last paid, certifying the last payment of interest due on the Debenture and stating the name of the party to whom such payment was made;

(d) if the applicant is not the registered holder, an affidavit sworn before a magistrate testifying that the applicant was the last legal holder of the Debenture, and all documentary evidence necessary to trace back the title of the applicant to the registered holder; and

(e) any portion or fragments which may remain of the lost, stolen, destroyed mutilated or defaced Debenture.

(3) A copy of the application addressed to the office of issue shall also be sent to the office of the State Bank where interest is payable if the interest on such Debenture is payable at an office at the State Bank other than the office of issue. Provided that it shall not be necessary to send with the copy of the application the documents referred to in sub-rule (2).

(1) The loss, theft, destruction, mutilation or defacement of a Debenture or portion of a Debenture shall forthwith be notified by the application three successive issues of the Gazette of India and of the Official Gazette of the State wherein the loss, theft, destruction, mutilation or defacement occurred.

(2) The notification under sub-rule (1) shall be, or as nearly as may be as the circumstances permit, in the following form, namely "Loss", (or "stolen" or "destroyed" or "mutilated" or "defaced" as the case may be). The Delhi Development Authority Debenture No. .................. of the ............................per cent Debenture for Rs.............................originally standing in the name of............................and last endorsed to............................the proprietor, by whom it was never endorsed to any other person having been lost (stolen, destroyed, mutilated, or defaced, as the case may be), notice is hereby given that payment of the above debenture and the interest thereupon has been stopped at the office of issue, and that application is about to be made (has been made) for the issue of a duplicate Debenture in favour of the proprietor. The public are cautioned against purchasing or otherwise dealing with the above mentioned Debenture. Name of person notifying. Place................. Residence. Date................

(1) After the last publication of the notification referred to in rule 7, the Prescribed Officer shall, if he is satisfied of the boss, theft, destruction, mutilation or defacement of the debenture and of the authenticity of the claim of the applicant

(A) cause the particulars of the Debenture to be included in a list which shall be published as provided in rule 9; and

(B) order the office of issue

(a) where only a portion of the Debenture has been lost, stolen, destroyed, mutilated or defaced, and the remaining portion thereof which is sufficient for its identification has been produced, to pay to the applicant the interest, if any, due thereon, and to issue to him on execution of an indemnity bond in the manner hereinafter provided, a stolen, destroyed, mutilated or defaced either immediately after the publication of the list under rule 9 to on the expiry of such further period as the Prescribed Officer may consider necessary, from the date of the publication of the said list;

(b) if no portion of the Debentures so lost, destroyed, mutilated or defaced has been produced or the portion produced is not sufficient for its identification

(i) to pay to the applicant, on the expiry of two years after the publication of the aforesaid list, and on the execution of an indemnity bond in the manner hereinafter provided the interest due in respect of the Debenture so lost, stolen, destroyed, mutilated or defaced and to continue to pay to the applicant such interest until the expiry of a period of six years from the date of the publication of the said list.

(ii) to issue to the applicant a duplicate Debenture in the place of the Debenture so lost, stolen, destroyed, mutilated or defeated on the expiry of the said period of six years;

Provided that

(a) if the date on which the Debenture is due for repayment falls earlier than the date on which the said period of six years expires, the Prescribed Officer shall within six weeks of the former date re-pay to the applicant the principal amount due on the Debenture together with the interest which may have accrued thereon and remains outstanding; and

(b) if at any time before the issue of the duplicate Debenture the original Debenture is discovered, or it appears to the office of issue that for oilier reasons the order should be rescinded, the matter shall be referred to the Prescribed Officer for further consideration and in the meantime all action on the order shall be suspended.

(2) Subject to the provisions of sub-rule (3) any order made by the Prescribed Officer under sub-rule (1) shall, on the expiry of the period of six years referred to therein become final.

(3) The Prescribed Officer may, at any time prior to the issue of a duplicate Debenture, for sufficient reason, alter or cancel any order made by him under sub-rule (1) and may also direct that the interval before the issue of a duplicate Debenture shall be extended by such period not exceeding six years as he may think fit in the circum- stances of the case or that before any amount under clause (a) of the proviso to sub-rule (1) is paid an indemnity bond shall be taken from the applicant.

(4) Indemnity bonds

(a) when executed under sub-clause (a) of clause (B) of sub-rule (1) shall be for twice the amount of interest involved, that is to say, twice the amount of all back interest accrued due on the Debenture plus twice the amount of all interest to accrue due thereon during the period which will have to elapse before the issue of a duplicate Debenture can be made; and

(b) when executed under any other provision of this rule shall be for twice the face value of the Debenture plus twice the amount of interest calculated in accordance with clause (a) and such indemnity bond shall be executed by the applicant alone or by the applicant and one or two sureties approved by the Prescribed Officer, or such Prescribed Officer may direct.

(1) The list referred to in rule 9 shall be published half-relay in the Gazette of India in the month of January and July or as may be convenient.

(2) All Debenture in respect of which an order has been made under rule 10 shall be included in the first list published next after the passing of such order and thereafter such Debenture shall continue to be included in every succeeding list until the expiration of six years from the date of publication of the list in which it was first included.

(3) The list shall contain the following particulars regarding each Debenture included therein namely, the name of the issue, the number of the Debenture, its value, the name of the person to whom it was issued the date from which it hears interest the name of the applicant for a duplicate Debenture, the number and date of the order made by the Prescribed Officer for the payment of interest or issue of a duplicate.

In the case of a Debenture which has mutilated on defaced, the Prescribed Officer may, having regard to the nature and extent of the mutilation or defacement, decide whether it is a case requiring of a duplicate Debenture under rule 8 or whether the Debenture could be renewed under rule 3.

(1) A holder of a Debenture may be required by the Office of issue to receipt the same for renewal in any of the following cases, namely

(a) if sufficient room remains on the back of the Debenture only for one further endorsement or if any word is written upon the Debenture across the existing endorsement or endorsements;

(b) if the Debenture is torn or in any way damaged or crowded with writing or unfit for further use in the opinion of the office of issue;

(c) if any endorsement is not clear and distinct or does not indicate the payee or payees, as the case , may be, by name or is made otherwise than in case of the endorsement cages on the back of the Debenture;

(d) if the interest on the Debenture has remained undrawn for ten years or more;

(e) if the interest cages on the reverse of the Debenture have been completely filled or if the vacant cages on the reverse of the Debenture do not correspond with the half years for which interest has become due on the date when the Debenture is presented for drawal of interest.

(f) if the Debenture having been enfaced three times for payment of interest is presented for re-enfacement; and

(g) if in the opinion of the office of issue the title of the person presenting the Debenture for payment of interest is irregular or not fully proved.

(2) When requisition for renewal of Debenture has been made under sub-rule (1) payment of any further interest thereon shall be refused until it is receipted for renewal and actually renewed.

(1) Where the sole holder of a Debenture has died, the executors or administrators of such sole holder (whether a Hindu, Mohammedan, Parsi or otherwise) or the holder of a succession certificate issued under Part X of the Indian Succession Act, 1925 (29 of 1925) in respect of the Debenture shall be the only persons who shall be recognised by the office of issue (subject to any general or special instructions of the Prescribed Officer) as having any title to the Debenture.

(2) In the case of a Debenture issued, sold or held payable to two or more holders, the survivors or survivor, as the case may be, and on the death of ths last survivor (whether such last survivor is a Hindu, Mohammedan, Parsi or otherwise) his executors, administrators, or any person who is the holder of a succession certificate in respect of such Debenture shall be the only person who shall be recognized by the office of issue (subject to any general or special instructions of the Prescribed Officer) as having any title to the Debenture and for the purposes of section 45 of the Indian Contract Act, 1872 (9 of 1872), this provision shall be deemed to be a term of the contract indicating an intention contrary to the provisions of that section.

(3) The office of issue shall not be bound to recognise such executors of administrators unless they shall have obtained probate or letters of administration, as the case may be, from a competent court of authority having jurisdiction over the place where the office of issue is situated;

Provided that if in any case the Prescribed Officer having regard to the circumstances of the case so thinks fit, it shall be lawful for him to dispense with the production of probate or letters of administration upon such terms as to indemnity or otherwise as he may think fit.

(1) Subject to any general or special instructions of the Prescribed Officer, the office of issue may, on the application of the holder and on his delivering the Debenture or Debentures concerned and on his satisfying the office of issue regarding the authenticity of his claim, by order, renew, sub divide or consolidate a Debenture or Debentures; Provided that the Debenture or Debentures has or have been receipted in Form 1, or Form II, or Form III, as the case may be.

(2) The office of the issue may, if so ordered by the Prescribed Officer, require the applicant for renewal, sub-division or consolidation of a Debenture or Debentures under the sub-rule (1) to execute an indemnity bond in Form IV with one or more sureties approved by the Prescribed Officer.

Where there is a dispute as to the title to a Debenture in respect of which an application for renewal has been made the Prescribed Officer may

(a) where any party to the dispute has obtained a final decision from a court of competent jurisdiction declaring him to be entitled to such Debenture, issue a renewed Debenture, in favour of such party, or

(b) refuse to renew the Debenture until a decision as is to in clause (a) has been obtained from a court of competent jurisdiction. Explanation, For the purposes of this rule the expression "final decision means a decision which is not appealable or a decision which is appealable but the time for appealing has expired without an appeal having beer, preferred.

When a duplicate Debenture has been issued under rule 3 or when a renewed Debenture has been issued or a new Debenture has been issued upon sub-division or consolidation, under rule 13, in favour of a person, the Debenture so issued or renewed shall be deemed to constitute a new contract between the Authority and such person and all persons deriving title thereafter through him.

The Authority shall be discharged from all liability in respect of the Debenture or Debentures paid on maturity or in the place of which a duplicate, renewed, sub-divided or consolidated Debenture or Debentures has or has been issued

(a) in the case of payment on the expiry of six years from the date on which such payment was due;

(b) in the case of the issue of a duplicate Debenture, on the expiry of six years from the date of the publication under rule 9 of the list in which the Debenture is first included or from the date of the payment of interest on the original Debenture, whichever date is later;

(c) in the case of a renewed Debenture or of a new Debenture issued upon sub-division or consolidation, on the expiry of six years from the date of issue thereof.

Save as otherwise expressly provided in the terms of the Debenture nb person shall be entitled to claim interest on any such Debenture in respect of any period which has elapsed after the earliest date on which demand could have been made for the payment of the principal amount due on such Debenture.

When a Debenture becomes due for repayment of principal, the Debenture shall be presented at the office of the State Rank of India at which the interest thereon is payable or at the officer of issue, duly signed by the holder of the Debenture on its reverse.

FORM

From of endorsement for renewal of a Debenture Received in lieu thereof a renewed

Debenture payable to (name of holder), with interest payable at State Bank of India, Bombay/Calcutta/New Delhi/Madras.

Signature of the holder/duly authorised representative of (name of holder)

FORM

[See Rule 13(1)]

Form of endorsement for sub-division of a Debenture

Received in lieu thereof............................ Debentures for Rs............................. respectively payable to (name of holder)............................ with interest payable at State Bank of India, Bombay/Calcutta/New Delhi/Madras.

Signature of the holder/duly authorised representative of (name of holder)

FORM

[See Rule 13(1)]

Form of endorsement for consolidation of Debentures.

Received in lieu hereof a new Debenture payable to (name of holder) for Rs. ............................ by consolidation with Debenture or Debentures Nos. ............................(mentioning the numbers and amounts of the other Debentures desired to be consolidated with it and specifying the issue) with interest payable at State Bank of India, Bombay/Calcutta/New Delhi/Madras.

Signature of the holder/duly authorised representative of (name of holder)

FORM

[See Rule 13 (2)]

FORM IV

[See Rule 13 (2)]

Know all men by these presents that We ... (a) Principal..... son of . ..Resident of. ..... and. ....son of. ....Resident of.......(b) sureties hereby bind ourselves and each of us, our and each of our heirs, executors, administrators and representatives and all of them jointly and severally to the Delhi Development Authority constituted by the Delhi Development Act, 1957 (61 of 1957) (hereinafter called the said Authority) for payment of the sum of Rs. ...to the said Authority, its certain attorney, successors and assigns;

And I/each of us the said..hereby covenant with the said Authority that if any suit shall be brought touching the subject matter of this obligation or the condition hereunder written, the same shall be filed in the courts of Delhi.

Whereas the said. ....... (a) has applied to the State Bank of India/

Authority, Delhi for the renewal/consolidation/sub-division of the Debenture (Debentures) issued by the said Authority mentioned in the Schedule annexed thereto;

Out of the several alternatives mentioned hereafter, retain the one which applies to the case and strike out the others.

And whereas the said State Bank of India/Authority have concerned and agreed to accept the said application of the said (a) ....(a) Principal with two good and sufficient sureties entering into and executing the above written bond subject to the condition hereunder written.

And whereas the above bounden.......(and). ...at the request of the said.. ..

If these are two sureties.

(a) has (have) agreed to become (sureties) for (a) and to join with the said .. (a) in executing the above written bond.

(a) Principal.

Now, therefore, the condition of the above written bond is such that if the above bounden (b) ....or each of them or their heirs, executors, administrator or representatives of any or either of them shall from time to time and at all times hereafter effectually save, defend keep harmless and indemnified the said Authority and the said State Bank of India from and against the claims and demands of all persons claiming to be entitled to the Debenture (Debentures) issued by the said Authority mentioned in the Schedule hereto or to any interest thereon and of other persons whomsoever in respect of the said Debenture (Debentures) of the renewal, consolidation or sub-division thereof or the payment of any interest thereon and from against all damages, losses, costs, charges and expenses which the said Authority or the said State Bank of India may sustain, incur or be liable to for or in consequence of any such claim or demand or by reason of the renewed, consolidated or sub-divided Debenture (Debentures) as aforesaid or the payment of any interest due on the said Debenture (Debentures) or renewed, consolidated or sub-divided Debenture (Debentures) then the above written bond shall be void but otherwise the same shall remain in full force and effect Signed and delivered by. ....in the presence of. ......and of.. ....Date;

(b) Names of the Principal and sureties.

In exercise of the powers conferred by sub-section (i) of section 56 of the Delhi Development Act, 1957 (61 of 1957) read with clause (m) of sub-section (2) of that section, the Central Government hereby makes the following rules, namely:

These rules may be called the Delhi Development Authority (Maintenance of Current Account) Rules, 1959.

Such .sum of money out of the fund of the Delhi Development Authority (hereinafter referred to as the Authority) as shall not ordinarily exceed rupees eight lakhs at any one time shall he kept in a current account with the State Bank of India to be opened in the name of the "Vice-Chairman, Delhi Development Authority".

The current account shall be operated upon by the Vice-Chairman or any paid member of the Authority or any officer of the Authority, authorised by the Vice- Chairman in this behalf,

Any sum of money out of the fund of the Authority as in excess of the sum referred to in rule 2 shall be invested by the Vice-Chairman 11. Ins.vide Govt. of India, Ministry of Health notification No.F.12-197/57-L.S.G.(Vol.II), dated the 3rd March, 1962. [or the Finance and Accounts Member or any officer of the Authority authorised by the Vice-Chairman in this behalf], with the permission of the Authority, in such manner as may be approved by the Central Government.

In exercise of the powers conferred by clause (j) of sub-section (i) of Section 57, of the Delhi Development Act, 1957 (61 of 1957) the Delhi Development Authority with the approval of the Central Government, hereby makes the following regulations, namely

These regulations may be called the Delhi Development Authority (Management of Properties) Regulations, 1961.

In these regulations, 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;

(c) "Vice-Chairman" means the Vice-Chairman of the Delhi Development Authority.

(1) The 'Lands Section' in the office of the Authority shall maintain a proper and up-to-date record of all immovable properties belonging to the Authority in a property Register.

(2) The register shall be maintained in Form 'A' in respect of lands and in Form 'B' in respect of built-up property

Such Officer of the Authority as may be put in charge of these properties, shall ensure that all properties of the Authority are entered in the Property Register. He shall also, after every three months, examine and certify that no property of the Authority is being misused has been encroached upon or unauthorisedly occupied any by any one.

Properties which have been acquired or purchased in pursuance of a scheme shall, as far as possible, be utilized for the execution of the same scheme. If any property which has been so acquired is later found to be surplus for the purposes of that scheme, the Authority may, subject to any directions given by the Central Government, utilize, let out, or dispose of that property in such manner subject to such terms and conditions it considers expedient.

If any property belonging to the Authority is let out or disposed of in the manner set forth in regulation 5, it shall be at the letting value or market value of the property, as the case may be such value fixed by the Authority.

The form of transfer deed to be used by the Authority for the lease or disposal of properties shall be such as may be approved by the Authority.

A stock register shall be kept of all movable properties of the Authority in Form 'C' and 'D' appended to these regulations.

Physical verification of the stock of movable properties of the Authority shall be done once every year by such officer as may be appointed by the Vice-Chairman in this behalf.

Form'

Form 'A'

DEVELOPMENT AUTHORITY

Property Register (Lands)

S I.

No Description of Property

Authority's sanctioning purchase

Amount paid

Date of taking over possession

Date of handing over possession to P.W.D. for works

Lessee with Description

Terms of lease

Annual rent

Total amount of rent demand

Total amount of rent out standing

Reference in disposal register

Remarks

Estate Khasra No.

Area with Description

Owner with Description

Purchased Acquired/ Nazul Land

Award No. with date & the authority

Ward No.

Plot No.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17

DELHI

DEVELOPMENT AUTHORITY

Form 'B'

Property Register (Built Property)

S

I.

No.

Location

Area of land and its book value

Total plinth area of the building & its cost Usable floor area excluding corridor, verandah, but including baths W.C., kitchen, & store Purpose for which purchased or constructed together with reference to resolution of Authority Date of construction purchase or acquisition Type construction single double or multistoreyed (Give no. of storeys.) whether permanent semi-permanent or temporary Residential or non-residential

How used at present

Annual rent demand if any

Annual rent out standing (if any)

Re marks

Ward No. House No.

Area of land Cost

Cost Plinth

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17

1

Form

DELHI

DEVELOPMENT AUTHORITY

Form 'C'

(Movable Property) Stock Register of Stationery other consumable articles

Description of Articles

S

I.

No.

Opening Balance

Number of quantity of articles received

Total

To whom issued

Total or quantity of articles issued

Balance

Date initials of issuing Clerk

Date signature of the head Assistant in token of monthly check

REMARKS

1 2 3 4 5 6 7 8 9 10

Form

DELHI

DEVELOPMENT AUTHORITY

(Movable Property)

Register of Dead Stock Articles

Form 'D'

Date of Purchase

Name of article and its description

Number or quantity

Value With Voucher No. and Date

To whom Allotted For use And the Official Responsible for Custody "

Initials of the officer in charge

Results of physical Orders of the Competent Authority for removal of items from the register

Remarks

1 2 3 4 5 6 7 8 9 10 11

In exercise of the power conferred by clause (b) of sub-section (1) of section 57, read with Sub-section (1) of section 4 of the Delhi Development Act, the Delhi Development Authority, with the previous approval of the Central Government hereby makes the following regulations namely:

These regulations may be called the Delhi Development Authority (Powers and Duties of the Secretary and the Chief Accounts Officer) Regulations, 1984.

In these regulations, unless the context otherwise equires

1. 'Act' means the Delhi Development Act 1957 (61 of 1957).

2. 'Authority' means the Delhi Development Authority, constituted under Subsection (1) of section 3 of the Act.

3. 'Advisory Council' means the council constituted under sub-section (1) of Section 5 of the Act.

4. 'Chief Accounts Officer' means the Chief Accounts Officer appointed by the Central Government under sub-section 91 of the section 4 of Act.

5. 'Secretary' means the Secretary appointed by the Central Government under sub-section (1) of Section 4 of the Act.

6. Words and expression not defined in these regulations shall have the same meaning as in the Act or rules or regulations framed thereunder.

The Secretary shall exercise the following powers, namely;

1. to act as Head of the Office and to exercise such powers as are normally exercisable by the Head of Office of the Central Government;

2. to make appointments to posts in C and D groups in accordance with such procedure or instruction as the Authority may from time to time lay down;

3. to sanction leave to employees in groups C and D;

4. subject to such restrictions and limits as the Authority may by general order impose, to sanction expenditure or the procurement of purchase of stationery articles, forms, furniture, electrical goods, tools, instruments and other articles of office equipment;

5. to execute on behalf of the Authority agreements, lease deeds, sale deeds and such other documents in respect of transaction sanctioned by it or any officer to whom power to sanction such transactions may have been delegated, and

6. to institute or defend suits or legal proceedings instituted by or against the Authority or its predecessor bodies and to withdraw or to compromise the same on such terms and conditions as may be approved by the Vice-Chairman of the Authority.

The Secretary shall be responsible for performing all or any of the following duties, namely:

1. to fix meetings of the Authority, and the Advisory Council and of such committees as the Authority may from time to time constitute under sub-section (1) of Section 5A of the Act, and prepare and issue agenda and minutes of proceedings of meeting of the said bodies:

2. to produce and supply within such time, if any, as may be specified to the Central Government, the Authority, the Advisory Council or Committees mentioned in sub-rule (1) as the case may be, such papers or information as may be asked for;

3. to ensure that such directions as the Central Government may issue under sub- section (1) of Section 41 of the Act are carried out;

4. to compile a report on the activities of the Authority in accordance with the Delhi Development Authority (Miscellaneous) Rules, 1959, and, after approval by the Authority, to submit it to the Central Government in accordance with the prescribed time schedule;

5. subject to such general or specific instruction as the Vice-Chairman may issue, to publicise the activities of the Authority in such manner and to such extent as may be laid down;

6. to intimate proposals for the creation of posts and the appointment of officers and employees in the Authority;

7. to send intimation to the Chief Accounts Officers about the creation or continuance of posts and appointment of officers and employess, and otherwise to keep a watch over the requirement of staff;

8. to maintain liaison with and ensure coordination between the various departments, branches and sections of the office of the Authority;

9. to advise on all matters concerning creation of posts, appointment of officers and employees and generally about other matters concerning officers and employees and their service conditions.

10. to deal with all matters relating to the redressal of grievance of officers and employees and matters connected with their welfare;

11. to exercise general superintendance over the staff of the Authority, with a view to ensure that proper discipline is maintained and work is carried on in an orderly and bussiness-like manner;

12. to initiate proposals for the provision of resedential housing facilitating for officers and employees; and

13. to arrange for the timely procurement and supply of articles of stationery, furniture, forms, electrical goods, tools, instruments and other office equipment of such value and in such qualities as may be required for the efficient functioning of the office and to keep effective supervision over all matters connected with day-to-day office management.

1. to check and call for records or information whenever necessary, from the departments, branches or section of the Authority in respect of any matter relating to monetary transaction proposed or executed or. relating to the matters being deal with by him for the time being or get it done by inspection party;

2. to conduct or to get conducted through any person authorised by him in this behalf, physical verifications of cash of the Authority in the custody of any officer or employee of the Authority;

3. to sanction refundable and non-refundable advances to officers and employees of the Authority from the general provident fund or the contributory provident fund, as the case may be;

4. to have adequate staff for the maintenance of accounts and other functions assigned to him and to obtain suitable personnel on deputation under the directions of the Vice-Chairman to fill posts as may be necessary for the efficient functioning of the Accounts Department or such other departments, branches or Sections, as may be charged wholly or in part with the accounting of moneys; and

5. to exercise other powers as may be delegated by the Authority or the Vice Chairman.

He shall perform the following duties, namely :

1. to ensure timely preparation of a budget in such form and at such time every year as may be prescribed by rules in respect of matters of receipts and expenditure of the Authority;

2. to ensue proper maintenance of accounts and other relevant records and monthly accounts and annual statement of accounts of the Authority including balance sheet in such form as the Central Government may in consultation with the Comptroller and Auditor General of India, by rules prescribe;

3. to ensure maintenance of a register of loans received or raised by the Authority and to maintain in respect of such loans an account of the sinking fund, if operated;

4. to watch progress of expenditure against estimates and to keep in check the ways and means and position;

5. to advise in all matters relating to accounts and budget and to ensure proper operation of financial rules generally;

6. to advise on the financial aspects of all proposals for expenditure referred to him and to keep a watch over liabilities against the Authority and to see that the orders in force in respect of monetary transactions of the Authority are observed;

7. to advise on the profitable manner of investment of the surplus funds of the Authority and to maintain accounts of and to keep a watch over the maturity of investments;

8. to advise about the requirement of staff of the Accounts Department of the Authority and other branches or Sections of the Authority as may be charged wholly or in part with the accounting of monetary transactions;

9. to report on the admissibility of leave, pension gratuity and other matters effecting the service conditions of officers and employees of the Authority; and

10. to ensure that the annual Accounts are compiled and submitted to the Central Government together with the Audit Report thereon in accordance with the prescribed time schedule.

In exercise of the powers conferred by sub-section (1) of section 57 of the Delhi Development Act, 1957 (61 of 1957), the Delhi Development Authority, with the previous approval of the Central Government, hereby makes the following regulations, namely

These Regulations may be called the Delhi Development Authority Regulations, 1959.

In these regulations, 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.

Every person or body (including a department of Government) desiring to obtain the permission referred to in Section 12 of the Act shall make an application in writing to the Authority in the form prescribed in schedule I to these Regulations.

All communications containing the grounds of refusal of permission for development shall be addressed in the name of the applicant and be sent to him by registered post acknowledgement due and shall constitute conclusive evidence of the fact that the decision of the Authority has been communicated.

The register of applications for permission to develop land shall, contain the particulars as prescribed in Schedule II to the Regulations.

FORM

Form of application for permission under Section 13(1)

FORM A

For permission to develop land other than erection of a building as defined in sub section (j) of Section 2 of the Act.

From

.

.

To,

The Secretary,

Delhi

Development Authority.

Dated..

Sir,

I/We beg to apply for permission to undertake/carry out the development of the site described below

(a) Description of the land (location with name of road(s) on/or which the property abuts and boundaries)

(b) Area..Sq. yds. Acres

2. I/We attach herewith the following documents (in triplicate) other than document (a).

(a) Documentary proof in support of title in the land proposed for development

(b) 400 ft 1 inch map showing the exact location of the site proposed for development with all the existing roads abutting the site to a depth of about 1/2 mile along its property.

(c) 100 ft 1 inch map showing the boundaries of the proposed site and indicating all the existing roads within the property and also in the one abutting to a depth of about 200 ft. all round it.

(d) A note indicating the type of development proposed viz., residential, commercial or industrial.

3. The plans have been prepared by Name of registered Planner/Architect/Surveyor Registration No. Address

4. I have deposited a fee R s..in accordance with the scale prescribed in the rule made under section 56(2)(h) of the Act.

Yours faithfully,

(Applicant)

FORM

FORM B

For permission to erect a building on vacant land or for additions, alterations and/or repairs to an existing building.

From

..

To

The Secretary,

Delhi

Development Authority.

Dated.

Sir,

I/We beg to apply for permission to erect/re-erect/make additions and/or alterations to/undertake repairs to a building on a piece of land measuring. sq. yards-, over which I possess the necessary ownership rights, situated at... ..Street/Road,

Ward No. ..Block No.....Plot No.........Name of scheme (if any)

2. I attach in triplicate

(a) . ..... sheets of plans, elevation and section, stated on the reverse;

(b) a specification of the proposed building on the prescribed form.

3. The plans have been prepared by. ....... (name of registered Architect Surveyor)

Registration No,

Address

4. The sanitary installation will be done by. ..

Name of Licensed Plumber. ....

Licence No. .....

Address.....

Both the Registered Architect and the Licensed Plumber have signed the plans.

5. I have deposited a fee of R s.. ...in accordance with the scale prescribed in the rule made under section 56(2) of the Act.

Yours faithfully,

Signature of the applicant.

Plants:

(i) Site Plan-16 to an inch showing all drainage linings and sewer connec

(ii) Ground floor plan

(iii) Other floor plans

(iv) Typical cross Section.....These drawings must be in the form of regular working drawing showing all dimensions for rooms, openings, thickness of wall, materials used for wall roof, (v) Longitudinal section ..... floor foundations, damp proof

(vi) All elevations .course drainage scheme.

(vii) 1/2" to a foot of the principal elevation of the main building and part of the cross section.

SPECIFICATION SHEET

Specification of proposed building

(1) Total plot area sq. ft. (2) Total built up area Ground floor Existing 1st floor Existing II floor Existing Sq. ft. Proposed sq. ft. Proposed sq. ft. Proposed sq. ft. sq. ft. sq. ft. (3) The purpose for which it is intended to use the building (4) Specifications to be used in construction of the ( i) foundations (ii) Walls (iii) Floors (iv) Roofs (5) Number of storeys of which the building will consist .. (6) Approximate number of persons proposed to be accommodated (7) The number of latrines to be provided ...................... (8) Whether the site has been built upon before or not; if so, when did the previous buildings cease to be unfit for occupation (9) Source of water to be used for building purposes

Signature of the applicant

SCHEDULE

SCHEDULE II

Form of Register of applications for permission to develop land, other than the erection of a building as defined in sub-section (j) of section 2 of the Act.

(1) Serial No

(2) Name and address of applicant

(3) Date of receipt of the application under section 13 in the office of the Authority

(4) Description of the land, its location and area

(5) Orders passed on the application

(a) Whether permission granted or refused (with resolution number and date)

(b) Grounds of refusal of permission.

(c) Date of communication of the decision to applicant

(6) Remarks, if any

FOR PERMISSION TO ERECT A BUILDING ON VACANT LAND OR FOR ADDITIONS,

ALTERATIONS AND/OR REPAIRS TO AN EXISTING BUILDING

(1) Serial No. address.

(2) Name and address of applicant..

(3) Date of receipt of the application under section 13 in the office of Authority..

(4) Description of the land, its location and area.

(5) Orders passed on the application

(a) whether permission granted or refused (with resolution number and date).

(b) grounds of refusal of permission

(c) date of communication of the decision to the applicant

(6) Remarks, if any

In exercise of the powers conferred by clause (d) of sub-section (1) of Section 57, read with section 11 of the Delhi Development Authority with the previous approval of the Central Government, hereby makes the following regulations, namely

These regulations may be called the Delhi Development Authority (Publication of Approval of Plan) Regulations. 1962.

(1) The notice under section of the Delhi Development Act, 1957 (61 of 1957) shall be published in the Gazette of India.

(2) The notice shall also be published by affixing copies thereof in the offices of the Delhi Development Authority, Municipal Corporation of Delhi, New Delhi Municipal Committee and the Delhi Administration Secretariat. It shall also be published by advertisement in at least two local newspapers.

(3) This notice may be in the form appended to this regulation, with such mortification, if any, as may be necessary.

APPENDIX

BUDG AND CCOUNT HEADS (RULE 3)

A NAZUL ACCOUNT

Receipt

Expenditure

Heads of Account I. Ordinary Nazul Revenue

Heads of Account

1. Share of cost of Administration transferred

(i) Premia

from sections B General Development

(ii) Rental

Account

(a) Lands

2. Works and Improvement Schemes

(b) Other properties

(i) Western Extension

(iii) Sale of land (free-hold).

(a) Preliminary surveys

(iv) Temporary lettings

(b) Acquisition.

(v) Fees: (a) Mutation, (b) Others.

(c) Composition ... Sub-divided into

(d) Levelling, detailed heads

(e) Sewerage.

(vi) Fines and Recoveries.

(f) Communications.

(vii) Taxes

(g) Storm water drains.

(via) Miscellaneous

(h) Filtered Water Supply.

(xi) Rent from completed schemes.

(i) Unfiltered Water Supply.

(x) Deduct-Refunds.

(j) Lighting

(k) Miscellaneous Public

II.

Revenue from Works and Improvement Schemes.

Improvements:

A Major Works and Schemes

(i) Parks and Open Spaces.

(i) Western Extension

(ii) Public Latrines.

(a) Premia

(1) Maintenance during construction.

(b) Ground Rent.

(m) Department charges.

(c) Temporary lettings.

(ii) Paharganj, Ara Kashan Improvement

(d) Sale of land.

Scheme.

(e) Sale of building materials.

(iii) Jhandewalan.

(f) Receipts by compromise.

(iv) Motia Khan Dump etc.

(g) Miscellaneous.

(h) Deduct Refunds.

3. Miscellaneous Expenditure

(ii) Paharganj and Qadam Sharif.

(i) Acquisition of land unconnected with

(iii) Garrison Bastin Road.

any specified Scheme.

(iv) Sardar Bazar North.

(ii) Preliminary surveys.

(v) Jamna Village.

(iii) Repairs to Nazul Works.

(vi) Jhandewalan, etc.

(iv) Rent of land taken on lease.

(v) Other miscellaneous expenditure.

B- Minor Works | Sub-divided into detailed heads as under (i)

4. Lump Sum payment to Government of Nazul

III.

Grants-in-aid.

Revenue.

IV.

Loans advanced by Government

5. Repayment of loans.

(i) Works and Improvement Schemes

(ii) General purposes.

6. Interest of loans.

V.

Recovery of advances

(i) From General Dev. A/C.

(ii) From Rehousing A/C. etc.

VI. Suspense Accounts:

7. Suspense Accounts

(i) Investments.

(i) Investments.

(ii) Deposits

(ii) Deposits

(a) Securities.

(a) Securities.

(b) Lambardars money.

(b) Lambardars Money.

(c) Stamp receipts payable to Government.

(c) Stamp Receipts payable to

(d) Deposit and Contribution Works.

Government.

(e) Other Deposits.

(d) Deposit and Contribution Works.

(iii) Advances.

(e) Other deposits.

(iv) Accountant General Suspense.

(iii) Advance.

B GENERAL DEVELOPMENT ACCOUNT

Heads of Account VIII. Ordinary Revenue

Heads of Account 8. Administration

Form Completed Schemes,

(ii) Other receipts.

Sub-divided into detailed heads as shown in (i) above

(a) Salaries.

(i) General Administration Section

IX. Revenue from Works and Improvement Schemes A Major Works and Schemes (i) Delhi Ajmeri Gate Slum Cleairance (a) Sale of land (free hold) (b) Sale of building matedals (c) Premia (d) Ground rent

(1) Officers.

(2) Establishment,

Land Section Officers.

Establishment,

(iii) Accounts and Cash Section

(1) Officers.

(2) Establishment.

(e) Temporary lettings.

(iv) Internal Audit Section

(f) Receipts by compromise.

(1) Officers.

(g) Miscellaneous

(2) Establishment

(ii) Andha Mughal Colony Town Extension

(v) Sales Section

(iii) Roshanara Extension.

(1) Officers

Civt Minto Road

etc

.

(2) Establishment

Sub-divided into different schemes and project as sanctioned by Govt

(vi) Damages Section

B Minor Works.

(1) Officers.

(2) Establishment

X.

Grants-in-aid

(viii) Works and Development Section

(1) Officers.

XI.

Loans advanced by Government

(2) Establishment

(i) Works and Improvement Schemes

(viii) Slum Section Account etc.

(ii) General purposes.

(1) Officers.

(2) Establishment

XII.

Repayment of advances from Rehousing

(ix) Legal Section

(1) Officers.

XIII.

Interest.

(2) Establishment

XVI.

Suspense Accounts

(x) Building and Architecture Section

(i) Investments

(1) Officers.

(ii) Deposits;

(2) Establishment

(a) Securities

(xi) Tribunal

(b) Lambardar's money.

(1) Officers.

(c) Stamp receipts payable to Government.

(2) Establishment

(d) Deposit and contribution Works. (b) Travelling expenses:

(e) Other Deposits.

(1) Officers.

(iii) Advances.

(2) Establishment

(iv) Accountant General Suspenses.

Fees and Honouraria.

members

(ii) Lambardar's Commission

Audit Fees,

Commission on sale of land

(v) Miscellaneous.

(d) Law Charges.

(e) Contingencies; (i) Furniture and Fittings (a) Office furniture, (b) Typewriters and duplicators, (c) Survey and drawing instruments, (d) Tools and plants, (ii) Books and periodicals (iii) Rents-Rates and taxes, (a) House Rent (b) Telephone Rent (c) Other items, (iv) Forms and stationery, (v) Printing and advertisement, (vi) Other office expenses. Add Amount of loss of staff quarters. Deduct (a) Share of cost chargeable to (i) Nazul Account.

(ii) Slum Account.

(b) Recovery from Rehousing Account.

9. Work and Improvement Schemes.

A Major Works and Schemes:

(i) Delhi Ajmeri Gate Slum Clearance

(a) Acquisition.

(b) Compensation.

(c) Sewerage

(d) Storm Water drains

(e) Communication

(f) Water supply

(g) Lighting

(h) Miscellaneous Public Improvements

(i) Levelling etc.

(j) Maintenance during construction

(k) Central Public Works Departmental charges

(1) Audit Charges

(m) Preliminary Surveys

(ii) Andha Mughal Colony Town Extension.

(iii) Roshanara Extension.

(iv) Minto Road etc.

10. Miscellaneous Expenditure.

1 1. Repayment of loans.

(a) to Government.

(b) to Nazul Account etc.

C REHOUSING ACCOUNT

Receipts Heads of Account Expenditure

XV. Special Loan for poor Class Rehousing Rehousing Schemes

(i) Construction of 288/D/S and S/S at Andha Mughal.

XVI. Revenue from Rehousing Schemes

Reclamation Colony:

Hire purchase Instalments

(b) Monthly Tenancy Ground Rent.

Sub-divided into detail heads in ledger (i) Where unnecessary.

(i) Construction of 384/D/S and SS houses at Andha Mughal.

(ii) Construction of 120 houses at W.E.A.

(iv)Cost of land etc.

(ii) Ara Kashan

15. Maintenance

(iii) Hathi Khana (i) Reclamation Colony.

(v) Anata Kidara etc.

(ii) Ara Kashan.

(iii) Hathi Khana

XVII. Subsidy from Government

(iv) Ahata Kidara etc.

XVIII. Temporary Advances

16. Equated Instalments of Loans.

(i) from Nazul Account.

(ii) From General Development Account etc.

17. Repayment of Advances

(a) To Nazm Account.

XIX. Grants-in-aid.

(b) To General Development Account etc

XX. Suspenses Accounts:

18. Interest on ad iiiccs.

(i) Investments.

(ii) Deposits.

19. Suspensed Account

(a) Securities.

(i) Investments

(b) Stamp receipts payable to Govt.

(ii) Deposits

(c) Others.

(a) Securities.

(iii) Advances

(b) Stamp receipts payable to Govt.

(iv) Account General-Suspenses.

(c) Others.

(iii) Advances.

D SLUM ACCOUNT

XXI. Loans

20. Share of cost of Administration (Transferred

(i) From Government.

from (b) General Development Account).

(ii) From Nazul Account.

21. Slum Clearance Schemes

XXII. Grants-in-aid

(i) To meet expenditure on Administration,

(ii) To meet expend true on works.

(i) Transit Camp,

(ii) Development of open land for Housing,

(iii) Development of open land for Timber Trade.

XXIII Subsidy from Government

(i) For subsidized houses-

(ii) For other purposes-

(iv) Slum Service in Kataras

(a) By Competent Authority

(b) By D.M.C.

XXIV. Revenue from Scheme-

A From Subsidized houses

(i) Transit Camps,

(ii) From 272 houses Service personnel etc.

22. Maintenance,

(i) Transit Camps etc.

23. Equated Instalment of loans.

24. Repayment of Advances,

B From other Schemes

(i) Sale of land for housing

(ii) Sale of land for Tinmber

(iii) Premia.

(iv) Ground rent.

(v) Miscellaneous.

Loans and Advances,

To Local Bodies,

D.M.C.

(b) To other Bodies.

27. Grants-in-aid to Local Bodies

XXV. Miscellaneous Receipts

(i) N.D.M.C. (ii) D.M.C.

XXVI. Suspense Accounts

(i) Investments,

(ii) Deposits:

(a) Securities.

28. Suspense Account (i) Investments, (ii) Deposits:

(b) Stamp receipts payable to Govt.

(a) Securities.

(c) Others.

(b) Stamp receipts payable to Govt.

(iii) Advances.

(c) Others.

(iv) Account General-Suspenses.

(iii) Advances.

DELHI

DEVELOPMENT AUTHORITY

Form No. A-l

Budget Estimate for the year19 Part I

(Rules 3,7 and 8)

ANazul Account Abstract

BGeneral Development Account CRehousing Account. DSlum Account.

RECEIPTS EXPENDITURE

Major Heads

Actuals for the last year Sanctioned

Estimate for the current year

Revised Estimate for the current year

Budget Estimate for the next year

Major heads Actuals for the last year Sanctioned

estimate for the current year

Revised Estimate for the current year

Budget Estimate for the next year

1

2

3

4

5

6

7

8

9

10

As in Appendix

As in Appendix

Total Receipt Total

Opening Balance .............-.............................................................. Expenditure Closing General Total -............................................................................ Grand Total

Form No. A-1

Detailed Budget Estimates for the year 19

A Nazul Account

B General Development Account

C Rehousing Account.

D Slum Account.

RECEIPTS EXPENDITURE

HEADS OF ACCOUNTS

Actuals for the past 3 years

Sanctioned estimate for the current year 19

Actuals of last six month is of the year 19

Actuals of six months of the current year 19

Revised estimate for the current year 19

Budget estimate for next year 19

Variation between columns 5 and 8

Variation between columns 5 and 8

19

19

19

1

2

3

4

5

6

7

8

9

10

11

As in Appendix

HEADS OF

ACCOUNTS

the past years 3

Actuals for Sanctioned estimate for the current

year 19

Actuals o six month the year

flast is of 19

Actuals of six months of the current year

19

Revised estimate for the current

year 19

Budget estimate for next year 19

Variation between columns |

5 and 8 |

Variation between columns

5 and 8

19

19

19

1

2

3

4

5

6

7

8

9

10

11

As in Appendix

Schedule of Establishment

(RULES 4 AND 7) ...........................SECTION

Statement of details of provision proposed for pay of Officers Establishment for the year 19

1

2

3

4

5

6

7

Name and Designation

Reference to page of Estimate from

Sanctioned pay of the post

Amount of provision for the year of the rate in column 3(c)

Increment Falling due within the year

Total provision for the Year i.e. total of columns 4 & 5(c)

Remarks

(a)

(b)

(c)

Minimum

Maximum

Actual pay of the person concerned due on 1st April next year

Date increment

Rate increment

Amount of increment for the year

(a)

(b)

(c)

Schedule of New Works and Schemes

A Nazul Account

B General Development Account

C Rehousing Account.

D Slum Account.

(Rules 4 and 7)

Name of V/ork of Scheme

Total estimated cost

Provision proposed in the next year's budget

Remarks

1

2

3

4

DELHI

DEVELOPMENT AUTHORITY

Schedule of New Works and Semes'

A Nazul Account

B General Development Account

C Rehousing Account-D Slum Account

(Rules 4 and 7)

Name of Work or Scheme

Total estimated cost

Anticipated expenditure up to the end of current ye"

Future Liability

Provision made in the next year's budget

1

2

3

4

5

DELHI

DEVELOPMENT AUTHORITY

Statement of proposed re-appropriation (s) (Rule 18)

Heads of Budget estimates affected by the proposal

Actual expenditure upto date of the proposal

Amount in the sanctioned estimate

Proposed increase/ decrease

Amounts as they will stand after re-appropriation

Reasons for increase/ decrease

1

2

3

4

5

6

0)

Heads under which the proposed expenditure will fall.

Total

(2)

Heads under which it is proposed to reduce the grants.

Total

DELHI

DEVELOPMENT AUTHORITY

Schedule containing new items of expenditure other than Works and Schemes

(Rule 6)

No. of item

Head of Account

Particulars of Item

Amount proposed

Ground for expenditure or reference to orders sanctioning it

Remarks

1

2

3

4

5

6

Statement to accompany all applications for additional funds which cannot be provided by re-appropriation within the sanctioned budget estimates

(Rule 15)

Budget Heads

Description of item of Work or Scheme

Actual expenditure upto date

Amount as in the sanctioned estimate

Proposed increase

Provisions as it will stand after the increase

Remarks

Actual income upto date

1

2

3

4

5

6

7

In exercise of the powers conferred by Section 57 of the Delhi Development Act, 1957 (61 of 1957) read with sub-rule (4) of rule 3 of the Delhi Development (Miscellaneous) Rules 1959, the Delhi Development Authority with the previous approval of the Central Government hereby makes the following regulations relating to the method of recruitment to the Post of Deputy Director (Planning) in the Delhi Development Authority, namely:

(i) These Regulations may be called the Delhi Development Authority Deputy Director (Planning) (Recruitment) Regulations, 1985.

(ii) These Rules shall come into force on the date of their publication in the Official Gazette.

The number of the said posts, their classification and scales of pay attached thereto shall be as specified in Columns 2 to 4 of the Schedule annexed to these Regulations.

The method of recruitment, age limit, qualifications and other matters relating to the said posts shall be specified in Columns Nos. 5 to 12, of the said Schedule.

(a) who has entered into or contracted a marriage with a person having a spouse living, or

(b) who having a spouse living, has entered into or contracted a marriage with any person, shall be eligible for appointment to the said post.

Provided that the Central Government may, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and there are other grounds for so doing, exempt any person from the operation of these Regulations.

Where the Central Government is of the opinion that it is necessary or expedient so to do, it may, by order for reasons to be recorded in writing, relax any of the provisions of these Regulations with respect to any class or category of persons.

Nothing in these Regulations shall affect reservations, relaxation of age limit or other concessions required to be provided for candidates belonging to the Scheduled Castes, the Scheduled Tribes and other special categories in accordance with the orders issued by the Central Government from time to time in this regard.

SCHEDULE

THE SCHEDULE

(See Section 3)

Name of enactment

Provisions vesting powers in the Administrator

Officer of authority who may also exercise the powers

1

2

1. The Punjab Land Revenue Act, 1887 (Punjab Act, No.

Sections 13 and 16

Chief Secretary.

2.

The United Provinces Land Revenue Act, 1901 (United Provinces Act No.3 of 1901), as in force in Delhi. Sections 210 and 219.

Chief Secretary.

3.

The Bengal Finance (Sales Section 20 (3). Tax) Act, 1941 (Bengal Act No. 6 of 1941), as in force in Delhi

District Judge.

4.

The Delhi Land Revenue Act, Sections 64, 66 and 72. 1954 (Delhi Act No. 12 of 1954).

Chief Secretary.

5.

The Slum Areas (Improvement Section 20 and Clearance) Act, 1956 (Act No. 96 of 1956).

Chief Secretary.

In exercise of the powers conferred by section 57 of the Delhi Development Act, 1957 (61 of 1957), the Delhi Development Authority hereby makes, with the previous approval of the Central Government, the following regulations, namely: Regulations Relating to Salaries, Allowances and Conditions of Service

(1) These Regulations may be called the Delhi Development Authority (Salaries, Allowances and Conditions of Service) Regulations, 1961.

(2) These shall come into force at once.

In these regulations, unless the context otherwise requires:

(1) "Act" means the Delhi Development Act, 1957.

(2) "Authority" means Delhi Development Authority constituted under Section 3.

(3) "Chairman" means the Administrator of Union Territory of Delhi ex officio appointed under clause (a) of sub-section (3) of section 3.

(4) "Disciplinary Authority" in relation to the imposition of a penalty on a member of the service, means the authority competent under these regulations to impose on him that penalty.

[(4-A) "Engineer Member" means the Engineer member of the Authority.

(4-B) "Finance and Accounts member" means the Finance and Accounts member of the Authority.]

(5) "Schedule" means the Schedule to these Regulations.

(6) "Section" means a Section of the Act.

(7) "Service" means Delhi Development Service.

(8) "Vice-Chairman" means the Vice-Chairman of the Authority.

The Authority may relax the provisions of any of these regulations in any case in which, but for such relaxation, the regulations would operate harshly: Provided that no such relaxation as aforesaid shall be made by the Authority in respect of any officer appointed by the Central Government.

If any doubt arises as to the meaning or application of these regulations or any of them to any person, the matter shall be referred to the Authority whose decision shall be final.

Appointments to any posts in the service other than the posts of the Secretary and the Chief Accounts Officer shall be made by the authority specified in this behalf in the Schedule;

Provided that the Vice-Chairman may by an order direct that appointments to class III and class IV posts may also be made by such officer and subject to such conditions as may be specified in the order.

Unless expressly provided for in these regulations to the contrary, the general terms and conditions of service of officers and employees of the Authority shall be governed mutatis mutandis by the Fundamental and Supplementary Rules applicable to the Central Government officers and employees and by the Central Civil Service (Temporary Service) Rules, 1949, and by orders and decisions issued by the Central Government under these rules from time to time.

The authority competent to make appointments to posts in the service shall be competent to grant leave to the members of 'he service;

Provided that such authority may by an orader direct that any power exercisable by it under this regulation may also be exercised, subject to such conditions as may be specified, by such officer of the Authority as may be mentioned in the said order.

The salaries, allowances and other conditions of service of the Chief Accounts officer and the Secretary of the Authority shall be such as may be determined by the Central Government at the time of their appointment:

Provided that as respects any matter which is not specifically so determined by the Central Government, the regulations applicable to other officers and employees of the Authority shall also apply to the Chief Accounts Officer and the Secretary.

Government servants, whether of the Union or of the Stale Governments, whose services are placed at the disposal of the Authority or foreign service, shall be governed by the terms and conditions which may be laid down at the time of their deputation to the Authority.

Subject to such exceptions as may be made by the Authority with the approval of the Central Government wherever necessary in the case of Government servants on foreign service with the Authority, all officers and employees of the Authority shall, in the matter of allotment of residential accommodation, be governed by the regulations in the annexure to these regulations, and such of them as are allotted residential accommodation by the Authority shall pay such rent and other charges for that accommodation as are laid down in the Fundamental and Supplementary Rules as are applicable to the Central Government officers and employees of similar status in regard to allotment of Government accommodation to Government servants.

The provisions of the Central Civil Services (Conduct) Rules, 1955, as amended by the Central Government from time to time, shall apply mutatis mutandis to the services and posts under the Authority; and unless the context otherwise requires, all references to Central Government shall be construed as references to the Authority and all references to head of office shall be construed as references to the Vice-Chairman.

The services and posts under the Authority shall, for purposes of appointment, control and discipline, e classified as follows:

(1) The appointing authority or any authority to which it is subordinate or any other authority empowered by the Authority in that behalf may place an officer or employee of the Authority under suspension:

(a) Where a disciplinary proceeding against him is contemplated or is pending; or

(b) Where a case against him in respect of any criminal offence is under investigation or trial;

Provided that where the order of suspension is made by an authority lower than the appointing authority, such authority shall forthwith report to the appointing authority the circumstances in which the order was made.

(2) An officer or employee of the Authority who is detained in custody, whether on a criminal charge or otherwise, for a period exceeding forty-eight hours shall deemed to have been suspended with effect from the date of detention by an order of the appointing authority and shall remain under suspension until further orders.

(3) Where a penalty of dismissal or removal or compulsory retirement from service imposed upon an officer or employee of the Authority under suspension is set aside in appeal or on review under these regulations and the case is remitted for further enquiry or action or with any other directions, the order of suspension shall be deemed to have continued in force on and from the date of the original order of dismissal, removal or compulsory retirement and shall remain in force until further orders.

(4) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon an officer or employee of the Authority is set aside or declared or rendered void in consequence of or by a decision of a court of law and the disciplinary authority, on a consideration of the circumstances of the case, decides to hold a further inquiry against him on the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, the officer or employee of the Authority shall be deemed to have been placed under suspension by the appointing authority from the date of the original order of dismissal, removal for compulsory retirement and shall continue to remain under suspension until further orders.

(5) An order of suspension made or deemed to have been made under this regulation may at any time be revoked by the authority which made or is deemed to have made the order or by any authority to which that authority is subordinate. Nature of penalties

The following penalties may, for good and sufficient reason to be recorded in writing and as hereinafter provided, be imposed upon officers and employees of the Authority, namely:

(a) Censure;

(b) withholding of increments or promotions;

(c) recovery from pay of the whole or part of any preliminary loss caused to the Authority by negligence or breach of orders;

(d) reduction to a lower service, grade or to a lower time scale of pay, or to a lower stage in a time scale;

(e) compulsory retirement;

(f) removal from the service of the Authority which shall not be a disqualification for future employment;

(g) dismissal from the service of the Authority which shall ordinarily be a disqualification for future employment.

Explanation. The following shall not amount to penalty within the meaning of this regulation:

(1) withholding of increments of an officer or employee of the Authority for failure to pass a departmental examination in accordance with the rules or orders governing the service or post or the terms of his appointment;

(2) stoppage of increments of an officer or employee at the efficiency bar in the time scale on the ground of his unfitness to cross the bar;

(3) non-promotion, whether in a substantive or officiating capacity, of an officer or employee, after consideration of his case to a service, grade or post for promotion to which he is eligible;

(4) reversion to a lower service, grade or post of an officer or employee officiating in a higher service, grade or post on the ground that he is considered, after trial, to be unsuitable for such higher service, grade or post or on administrative grounds unconnected with his conduct:

(5) reversion to his permanent service, grade or post of an officer or employee appointed on probation to another service grade or post during or at the end of the period of probation in accordance with the terms of his appointment or the rules and orders governing probation;

(6) compulsory retirement of an officer or employee in accordance with the provisions relating to his superannuation or retirement:

(7) termination of the services;

(a) of an officer or employee appointed on probation, during or at the period of probation, in accordance with the terms of his appointment or the rules and orders governing probation; or

(b) of a temporary officer or employee in accordance with rule 5 of the Central Civil Services (Temporary Services) Rules, 1949, as adopted by the Authority; or

(c) of an officer or employee employed under an agreement in accordance with the terms of such agreement.

(1) Subject to the provisions of Sub-regulation (2) and of regulation 16, and to the condition that no officer or employee may be removed or dismissed or reduced in rank by an authority subordinate to that by which he was appointed, the authorities specified in the Schedule may impose the penalties specified in that Schedule upon officers and employees of the Authority included in that Schedule.

(2) Where an officer or employee is temporarily appointed to any other service or post, and the authority which would have been competent under sub-regulation (1) to impose upon him any of the penalties specified in clauses (d) to (g) of regulation 14, had he not been so appointed to such other service or post, is not subordinate to the authority competent to impose any of the said penalties after such appointment, the latter authority shall not impose any such penalty except after consultation with the former authority.

(1) No order imposing on an officer or employee of the authority and of the penalties specified in clauses (d) to (g) of regulation 14 shall be passed except after an inquiry, held as far as may be, in the manner hereinafter provided.

(2) The disciplinary authority shall frame definite charges on the basis of the allegations on which the inquiry is proposed to be held. Such charges, together with a statement of the allegations on which they are based, shall be communicated in writing to the officer or employee and he shall be required to submit, within such time as may be specified by the disciplinary authority, a written statement of his defence and also to state whether he desires to be heard in person.

Explanation. In this sub-regulation and in sub-regulation (3), the expression "the disciplinary authority" shall include the authority competent under these regulations to impose any of the penalties in clauses (a) to (c) of regulation 14.

(3) The officer or employee of the Authority shall, for the purpose of preparing his defence, be permitted to inspect and take extracts from such official records as he may specify, provided that such permission may be refused if, for reasons to be recorded in writing, in the opinion of the disciplinary authority such records are not relevant for the purpose or it is against the public interest to allow him access hereto.

(4) On receipt of the written statement of defence, or if no such statement is received within the time specified, the disciplinary authority may itself inquire into such of the charges as are not admitted, or, if it considers it necessary so to do appoint a Board of Inquiry or an Inquiring Officer for the purpose.

(5) The disciplinary authority may also nominate any person to present the case in support of the charges before the authority enquiring into the charges (hereinafter referred to as the inquiring authority). The officer or employee of the Authority may present his case with the assistance of any other officer or servant of the Authority11. Subs, vide S.O. No. 994 dated 25-3-63. See Gaz. of India, Pan Ill Section 3(ii)dated the 6th April, 1960, p. 1081. ***, but may not engage a legal practitioner for the purpose unless the person nominated by the disciplinary authority as aforesaid is a legal practitioner or, unless the disciplinary authority, having regard to the circumstances of the case, so permits,

(6) The inquiring authority shall, in the course of the inquiry, consider such documentary evidence and take such oral evidence as may be relevant or material in regard to the charges. The officer or employee of the authority shall be entitled to cross- examine witnesses examined in support of the charges and to give evidence in person. The person presenting the case in support of the charges shall be entitled to cross- examine the officer or employee of the authority and the witness examined in his defence. If the inquiring authority declines to examine any witness on the ground that his evidence is not relevant or material, it shall record its reason in writing.

(7) At the conclusion of the inquiry, the inquiring authority shall prepare a report of the inquiry, recording its findings on each of the charges together with reasons therefor. If in the opinion of such authority the proceedings of the inquiry establish charges different from those originally framed, it may record findings on such charges provided that findings on such charges shall not be recorded unless the officer or employee of the Authority has admitted the facts constituting them or has had on opportunity of defending himself against them.

(8) The record of the inquiry shall include.

(i) the charges framed against the officer or employee and the statement of allegations furnished to him under sub-section (2);

(ii) his written statement of defence, if any;

(iii) the oral evidence considered in the course of the inquiry;

(iv) the documentary evidence considered in the course of the inquiry,

(v) the orders, if any, made by the disciplinary authority and the inquiring authority in regard to the inquiry; and

(vi) a report setting out the findings on each charges and the reasons therefor.

(9) The disciplinary authority shall, if it is not the inquiry authority, consider the record of the inquiry and record its findings on each charge.

(10)

(i) If the disciplinary authority having regard to its findings on the charges, is of the opinion that any of the penalties specified in clauses (d) to (g) of regulation 14 should be imposed it shall:

(a) furnish to the officer or employee a copy of the report of the inquiry authority and, where the-disciplinary authority is not inquiring authority, a statement of its findings together with brief reasons for disagreement, if any with the findings of the inquiry authority; and

(b) give him a notice stating the action proposed to be taken in regard to him and calling upon him to submit within a specified time such representation as he may wish to make against the proposed action.

(ii) The disciplinary authority shall consider the representation if any, made by the officer or employee in response to the notice under clause (i) and determine what penalty, if any, should be imposed on the officer or employee and pass appropriate orders on the case.

(11) If the disciplinary authority having regard to its findings is of the opinion that any of the penalties specified in clauses (a) to (c) of regulation 14 should be imposed, it shall pass appropriate orders in the case.

(12) Order passed by the disciplinary authority shall be communicated to the officer or employee who shall also be supplied with a copy of the record of the inquiring authority and, where the disciplinary authority is not the inquiring authority, a statement of its findings together with brief reasons for disagreement, if any, with the findings of the inquiring authority, unless they have already been supplied to him.

(1) No order imposing any of the penalties specified in clauses (a) to (c) of regulation 14 shall be passed except after

(a) the officer or employee of the Authority is informed in writing of the proposal to take action against him and of the allegations on which it is proposed to be taken and given an opportunity to make any representation he may wish to make within the specified time; and

(b) such representation, if any, is taken into consideration by the disciplinary authority.

(2) The record of proceedings in such cases shall include

(i) a copy of the intimation to the officer or employee of the proposal to take action against him;

(ii) a copy of the statement of allegations communicated to him;

(iii) his representation, if any; and

(vi) the orders on the case together with the reasons therefor.

(1) Where two or more officers or employees of the Authority axe concerned in any case, the authority competent to impose the penalty of dismissal from service on all such officers and servants may make an order directing that disciplinary action against all of them may be taken in a common proceeding.

(2) Any such order shall specify

(i) the authority which may function as the disciplinary authority for the purpose of such common proceeding;

(ii) the penalties specified in regulation 14 which such disciplinary authority shall be competent to impose; and

(iii) whether the procedure prescribed in regulation 16 or regulation 17 may be followed in the proceeding.

Notwithstanding anything contained in regulations 16,17 and 18

(i) where a penalty is imposed on an officer or employee on the ground of conduct which has led to his conviction on a criminal charge; or

(ii) where the disciplinary authority is satisfied for reasons to be recorded in writing that it is not reasonably practicable to follow the procedure prescribed in the said rules, the disciplinary authority may consider the circumstances of the case and pass such orders thereon as it deems fit.

(1) Where an order of suspension is made or a disciplinary proceeding is taken against an officer or employee whose services have been borrowed from the Central Government, or a State Government or an authority subordinate thereto or a local or other authority, the authority lending his services (hereinafter in this regulation referred to as "the lending authority") shall forthwith be informed of the circumstances leading to the order of his suspension or the commencement of the disciplinary proceeding, as the case may be.

(2) In the light of the findings in the disciplinary proceedings taken against the borrowed officer or employee,

(i) if the disciplinary authority is of the opinion the any of the oenallics space field in clauses (a) to (c) of regulation 14 should be imposed on him it may subject to the provisions of sub-regulation (11) of regulation 16 after' consultation with the lending authority, pass such orders on the case as it deems necessary.

provided that in the event of a difference of opinion between the borrowing authority and the lending authority the services of the officer or servant shall be replaced at the disposal of the lending authority:

(ii) if the Disciplinary Authority is of the opinion that any of the penalties specified in clauses (d) to (g) of regulation 14 should be imposed on him it shall replace his services at the disposal of the lending authority and transmit the proceedings of the inquiry to it for such action as it deems necessary.

An officer or an employee may appeal against an order of suspension to the authority to which the authority which made the order is immediately subordinate.

(1) An officer or employee may appeal against an order imposing upon him any of the penalties specified in regulation 14 to the authority specified in this behalf in this Schedule.

(2) An appeal against an order in a common proceeding held under regulation 18 shall lie to the authority to which the authority functioning as the disciplinary authority for the purpose of that proceeding is immediately subordinate.

(1) An officer or employee may appeal against an order which

(a) denies or varies to his disadvantage, his pay allowances, gratuity or other conditions of service as regulated by any rules or regulations framed in this respect or by agreement; or

(b) interprets to his disadvantage the provisions of any such rules, regulations or agreement.

No appeal shall be entertained unless it is submitted within a period of three months from the data on which the appellant receives a copy of the order appealed against:

Provided that the appellate authority may entertain the appeal after expiry of the said period, if it is satisfied that the appellant had sufficient cause for not submitting the appeal in time.

(1) Every person submitting an appeal shall do so separately and in his own name,

(2) The appeal shall be addressed to the authority tn whom the appeal lies, shall contain all material statements and arguments on whch the appellant relies, shall not contain any disrespectful or improper language, and shall be complete in itself,

Every appeal shall be submitted to the authority which made the order appealed against.

(1) The authority which made the order appealed against may withhold the appeal if

(i) it is an appeal against an order from which no appeal lies; or

(ii) it does not comply with any of the provisions of regulations 25; or

(iii) it is not submitted within the period specified in regulation 24 and no cause is shown for the delay; or

(iv) it is a repetition of an appeal withheld on the ground only that it does not comply with the provisions of regulation 25 shall be returned to the appellant and, if resubmitted within one month thereof after compliance with the said provisions, shall not be withheld.

(2) Where an appeal is withheld, the appellant shall be informed of the fact and the reasons therefor.

(3) At the commencement of each quarter, a list of the appeals* withheld by any authority during the previous quarter, together with the reasons for withholding them shall be furnished by the authority to the appellate authority.

(1) The authority which made the order appealed against shall, without any avoidable delay, transmit to the appellate authority every appeal which is not withheld under regulation 27 together with its comments thereon and the relevant records.

(2) The authority to which the appeal lies may direct transmission to it of any appeal withheld under regulation 27 and thereupon such appeal shall be transmitted to that authority together with the comments of the authority withholding the appeal and the relevant records.

(1) In the case of an appeal against an order of suspension, the appellate authority shall consider whether in the light of the provisions of regulation 13 and having regard to the circumstances of the case the order of suspension is justified or not and confirm or revoke the order accordingly.

(2) In the case of an appeal against an order imposing any of the penalties specified in regulation 14, the appellate authority shall consider

(a) whether the procedure prescribed in these regulations has been complied with, if not, whether such non-compliance has resulted in failure of justice;

(b) whether the findings are justified; and

(c) whether the penalty imposed is excessive, adequate or inadequate; and pass orders

(i) setting aside, reducing, confirming or enhancing the penalty; or

(ii) remitting the case to the authority which imposed the penalty or to any other authority with such direction as it may deem fit in the circumstances of the case;

Provided that

(i) the appellate authority shall not impose any enhanced penalty which neither such authority nor the authority which made the order appealed against is competent in the case to impose;

(ii) no order imposing an enhanced penalty shall be passed unless the appellant is given an opportunity of making any representation which he may wish to make against such enhanced penalty within a specified period; and

(iii) if the enhanced penalty which the appellate authority proposes to impose is one of the penalties specified in clauses (d) to (g) of regulation 14 and inquiry under regulation 16 has not already been held in the case, the appellate authority shall subject to the provisions of regulation 19 itself hold such inquiry or direct that such inquiry be held and thereafter on consideration of the proceedings of such inquiry and after giving the appellant an opportunity of making any representation which he may wish to make against such orders as it may deem fit.

(3) In the case of an appeal against any order specified in regulation 23, the appellate authority shall consider all the circumstances of the case and pass such orders as it deems just and equitable.

The authority which made the order appealed against shall give effect to the orders passed by the appellate authority.

The authority to which an appeal against an order imposing any of the penalties specified in rule 14 lies may of its own motion or otherwise, call for the records of the case in a disciplinary proceeding, review any order passed in such a case, and, pass such orders as it deems fit, as if the officer or employee had preferred an appeal.

Provided that no action under this rule shall be initiated more than six months after the date of the order to be reviewed.

ANNEXURE

ANNEXURE

Regulations for Allotment of Residences to Officers of the

Delhi

Development Authority

1. These regulations apply to the allotment of the residences specified in the Schedule, to the officers and staff of the Delhi Development Authority.

2. The Authority may from time to time add any residence to, or remove any residence from, any part of the said Schedule, or change the classification of any residence specified in that Schedule.

3. In these regulations, unless there is anything repugnant in the subject or context

(a) "Vice Chairman" means the Vice Chairman of the Delhi Development Authority appointed under clause (b) of sub-section (3) of Section 3 of the Delhi Development Act, 1957;

(b) "Class" in relation to a residence, means the class of that residence, as for the time being specified in the attached Schedule;

(c) "Family" includes only the wife, children, step children, parents, brothers and sisters ordinarily residing with, and wholly dependent on an officer;

(d) "Allotment year" means a year beginning on 1st April or a subsequent date to be notified by the Vice Chairman;

(e) "officer" means regular employee of the Authority, whether permanent or temporary, and includes whole time paid members of the Authority and officers on deputation to the Authority;

SCHEDULE

SCHEDULE

Title of Service or post

Authority empowered to appoint

Authority empowered to impose penalties which it may impose

Appellate Authority

Authority

Penalties

1

2

3

4

5

Class I posts, (1)

with a Maxi Central

mum of over Government

All except (a) reduction Central to a lower service grade Governor post, lower time scale of pay, or to a lower stage;

1

2

3

4

5

(b) compulsory retirement; (c) removal; and (d) dismissal.

(2) Centrai All

Government

No appeal lies.

(h)) with maxi mum of Rs. 850

Authority

Authority All

Central Government

Class 11 posts

Auilionty

(1) Vice Censure or withholding or Chair- increment or promotion man (2) Authority - All

Authority

Central Govt.

Chass III posts

Vice Chairman

(Engineer member or Finance & Accounts Member

Vice All Chairman (Engineer member or Finance & Accounts Member Chairman

Class IV posts

Vice Chairman

(Engineer member or Finance & Accounts Member

Vice All Chair man (Engineer member or Finance & Accounts Member

Chairman

(f) "Emolunienui" mcans-

(i) the pay including special pay, dcarncss pay and pension, it any actually drawn by an officer at the beginning of the allotment year, provided that the officer will coiilinuc to draw that or a higher pay throughout the allotment year and,

(ii) in any oilier case, the lower pay including special pay, darkness pay and pension, if any, which the officer is expected to draw during the allotment year.

(g) "Authority" means the Delhi Development Authority;

(h) "F.R. and S.R." means Fundamental and Supplementary Rules of the Central

Government;

(i)"Priority dale" of an officer, in relation to a class of residence, means the earliest dale from which he has been continuously entitled to the allotment of a residence in that class or a higher class and has also been continuously entitled to the allotment of a residence in that class or a higher class and has also been continuously holding appointment in the Authority except for periods of leave ; or temporary transfer or deputation.

Provided that if two or more officers have the same priority date among them it shall be determined by the amount of emoluments or where emoluments are equal, by the period for which those emoluments have been drawn in the post held by the drawer at lime of application;

"Residence" means any residence for the time being specified in the Schedule;

(k) "Schedule" means the schedule appended to ihcse regulations;

(l) "Subletling" including sharing of accommodation with anallottee with or without payment or rent but does not include a casual guest;

(m) "Administrative Officer" means the Administrative Officer of the Delhi Development Authority.

4. Save as otherwise provided by or under these regulations, residences of the various classes specified in

the Schedule shall be allotted to officers including officers on depulalion or foreign service whose emoluments on the first April of the Allotment year in which the allotment is made are as shown in the table below Class or residence Officers eligible for allotment

1. Bungalows

Officers holding posts in time scale the maximum of which is not less than Rs. 800/- and who are in receipt of basic pay (excluding dearr.ess pay) of not less than Rs. 500/-. Provided that if at any time a whole time paid member of the Authority desires allotment of a bungalow to him on a temporary or regular basis, the first available bungalow shall be allotted to him.

B type quarters

C type quarters

D type quarters

E type quarters

Officers drawing pay between Rs. 250 and Rs. 499.

Officers drawing pay between Rs. 150 and Rs. 249.

Class III officers drawing a pay of less than Rs. 150.

All Class IV employees.

5. (1) Every officer who desires to have an allotment made, or continued, under these regulations, shall, in addition to his first application in this behalf submit early applications to the Administrative Officer of the Authority so as to reach him not later than the 1st March.

(2) Every application shall be in the prescribed form signed by the applicant and submitted through the Sectional heads, who after satisfying themselves as to the correctness of the statements made in the application, shall counter sign and forward it to the Administrative Officer.

6. The Administrative Officer shall maintain in each class a priority list which shall be brought upto date by the 1st April each year.

As soon as a residence in any class falls vacant, the Administrative officer shall take action for its allotment to the officer entitled in accordance with the priority list;

Provided that in the case of bungalows a Government officer on deputation to the Authority shall, in the matter of allotment of a residence under these rules, have preference over others in the priority list.

7. Allotment in each case shall be made by the Vice-Chairman or such other officer to whom these powers may be delegated by the Vice Chairman.

8. (1) No officer shall be eligible f6r allotment of a residence under these regulations, if he is already in occupation of a residence, or its continued occupation, if

(a) he owns or has, since the allotment of a residence under these regulations, become the owner in full or in part, whether in his own name or in the name of any other person, of a house in Delhi or New Delhi which is located within six miles of place of his duty and in which he can, in the opinion of Vice Chairman, reside consistently with his official position; or

(b) his wife or dependant child owns or has since the allotment of a residence under these rules, become the owner, in full or in part, of a house in Delhi or New Delhi which is located within six miles of the place of his duty and in which he can, in the opinion of Vice Chairman, reside consistently with his official position; or

(c) Whose father, mother or any other dependant relation owns or has since the allotment of residence under these regulations become the owner of a house in Delhi or New Delhi which is located within six miles of the place of his duty and in which he can, in the opinion of Vice Chairman, reside consistently with his official position and without any inconvenience either to himself or to the owner thereof.

(2) Any officer who on any date (hereinafter in these regulations referred to as the relevant date) subsequent to the date of his making application for allotment or subsequent to the

date of the allotment of a residence becomes ineligible for such allotment under clause (a) or clause (b) or clause (c) of sub-regulation (1), shall notify the fact to the Vice-Chairman within a period of seven days of relevant date. In the event of the officer's failure to so notify him, the Vice-Chairman may reject the application for allotment or, if an allotment has already been sanctioned, cancel such allotment with effect from the relevant date and require the officer to vacate the residence forthwith.

(3) Notwithstanding anything contained in sub-regulation (i) or (2), the Vice Chairman may allot or reallot a residence to an officer, if:

(a) the house owned by him, his wife, and dependent child or by his father, mother, or any other dependent relation has been requisitioned by Government;

or (b) it is proved to the satisfaction of the Vice-Chairman that such house was given out on lease (i) before the appointment of the officer in the Authority; or

(ii) before the acquisition of such house by him, his wife, any dependent child, or by his father, mother, or any other dependent relation; and the Vice-Chairman is satisfied that it is not possible for the lessor, for reasons beyond his control, to obtain vacant possession of the house.

(4) Where a residence has been allotted or reallotted to an officer under sub-regulation (3), the officer shall be liable, with effect from the date specified in the order of allotment, or reallotment, to pay standard rent under Fundamental Rule 45-B or standard rent under F.R. 45-A plus 331/3 per cent thereof or ten percent of his emoluments, whichever is the highest, for so long as he or his wife or any dependent child, or his father or mother or any other dependent relation, as the case may be, is unable to obtain vacant possession of the house.

(5) If at any time it appears to the Vice-Chairman that no efforts have been made to obtain vacant possession of the house, it shall be open to the Vice-Chairman to give suitable directions as to the steps to be taken to obtain vacant possession of the house, and, if, such directions are not complied with to cancel the allotment and require the allottee to vacate the residence forthwith, or to charge rent for it under Government of India's decision below in Rule 9(d) under Fundamental Rule 45-B or twice the standard rent under F.R. 45-A or 15 per cent of his emoluments, whichever is the highest.

9. If an officer fails to accept the allotment/offer of an allotment, of a residence made to him under these regulations within 8 days after the date of allotment/offer, or fails to move into that residence after acceptance within 8 days after the date of allotment, or fails to accept the alternative accommodation offered to him in consequence of any decision of the Vice Chairman

(a) he shall not be eligible for another allotment under these regulations lor period of 6 months from the same date;

(b) the residence in question shall he allotted in accordance with the provisions of these regulations;

(c) any previous allotment of a residence under these regulations which is out of the class lor the officer or the classification of which has changed or which has been removed from the schedule or which may be required by the Authority for some other purpose, shall be deemed to be cancelled with effect from the said date, and he shall vacate the residence forthwith; and

(d) in addition to any disciplinary or other action that may be taken against him, he shall be charged in respect of any period for which he continues to occupy that residence after the said date, the full standard rent under F.R. 45-B or twice the full standard rent under F.R. 45-A or 15 per cent of his emoluments, whichever is the highest.

16. An allotment shall be effective from the date on which it is accepted by the officer concerned, and shall continue until

(a) it is cancelled by the Vice-Chairman, or is deemed to be cancelled under these regulations;

(b) it is surrendered by the officer concerned; or

(c) the officer concerned ceases to occupy the residence: Provided that an officer who goes on leave or on deputation or on temporary transfer may, with prevous approval of the Vice-Chairman, retain the allotment

(i) In case of leave preparatory to retirement, for the period of leave on full average pay incurred in such leave

(ii) In the case of any other leave, for a period not exceeding eight months. (iii) In the case of deputation out of India for a period not exceeding six months; (iv) In the case of temporary transfer, for a period not exceeding four months, subject to the following conditions namely

(a) that officer would be returning to duty under the Authority on the expiry of his leave or transfer; and

(b) that in any of the cases mentioned in clauses (iii) or (iv), the residence is required for the occupation of, and is in fact occupied by his family.

11. (a) Any officer to whom a residence of the appropriate class has been allotted under these regulations may apply for a change of allotment within the same class, in any of the yearly applications made by him under the provisions of regulation 5;

(b) The Administrative Officer shall in respect of each class of residence maintain a list of officers who have applied for such change arranging them in the order of their dates of priority;

(c) Whenever a residence falls vacant (and is not to be allotted under regulation 5) it shall be offered in order of priority to the officers in the list pertaining to that class of residence maintained under clause (b) of this regulation and if any of them accepts the residence in exchange available for allotment under regulation 6 and shall be allotted accordingly;

(d) If an officer tails to accepta change of residence offered to him under clause (c), within five days of the daw of such offer, he shall not be eligible for a change of allotment under this regulation for a period of 5 months from ths said date;

(e) No officer shall be allowed a change of allotment within the same class more than once under this regulation.

12. Notwithstanding anything contained in regulation 6 or regulation 11 an officer may be allowed a change of residence within thc same class on the death in that residence of his wife, child or other close relation residing with him, provided he applies for a change within one month of such occurrence.

13. Officers to whom residences have been allotted may with the approval of the Vice Chairman, or such officer or officers to whom powers of allotment of residence have been delegated under regulation 7, exchange residences with the same class.

14. (1) An officer may at any time surrender an allotment made to him under these regulations, and if he does so

(a) he will not retain any right on the particular residence allotted to him; (6) he will be entitled on a fresh application made in this behalf to another allotment from such date as he may mention in the application, but not earlier than 6 months from the date of vacation of the residence or after its surrender. (2) Any officer surrendering an allotment under this regulation should send to the Administrative Officer a letter at least ten days before the date of the surrender. The allotment of the residence shall be deemed to be cancelled with effect from the 11lth day of the day on which the letter is received by the Administrative Officer.

15. (1) If the officer to whom a residence has been allotted is under orders of transfer, he shall forthwith intimate the fact to the Administrative Officer and shall also inform him of the date on which he intends to vacate the residence at least ten days before that date;

(2) The officer shall not be entitled to retain the residence for more than two months from the date of his transfer, and the allotment shall stand cancelled on the expiry of these two months or on the date of vacation of the residence whichever is earlier.

16. If the officer to whom a residence is allotted dies, the allotment shall be cancelled with effect from two months after the date of the officer's death or with effect from any date after such death on which the residence is actually vacated, whichever is earlier.

17. If the officer to whom a residence is allotted retires, or resigns, or is dismissed or removed from service the allotment shall be cancelled with effect from one month after the date of his retirement, resignation, dismissal or removal as the case may be or with effect from any date after such dismissal, removal or retirement on which the residence is actually vacated, whichever is earlier.

Instructions

1. In the case of officers who are granted or refused leave after superannuation under F.R. 86 the date of retirement for the regulation 17 shall be the date on which such leave expires subject to the provisions of para (2) below. 2. In partial modification of sub-clause (i) of the proviso to regulation 10 an officer shall be entitled to retain his allotment during the leave preparatory to retirement or during the refused leave granted under F.R. 86 for the period of leave on full average pay included in such leave, subject to a minimum of one month and a maximum period of four months inclusive of the period of one month permission under regulation 17.

18. Any officer to whom a residence has been allotted shall, before vacating the residence, give not less than ten days notice in writing to the Administrative Officer. If he does not do so, he shall be responsible for payment of rent for that period or the number of days by which the notice given by him falls short of ten days, from the date of vacation.

19. (1) No officer shall sublet a residence allotted to him or any portion thereof, or any of the out houses appurtenant thereto except with the permission of the Vice Chairman;

(2) Such permission may be granted.

(a) to an officer proceeding on leave who wishes to sublet the residence to an officer of the Authority who is entitled to the same class of residence for the whole or any part of the leave; and

(b) to an officer who does not wish to occupy the residence during any part of the year beginning on the 1st April and wishes to sublet it to an officer of the Authority entitled to the same class of residence for that period.

(3) Notwithstanding that permission of the Vice-Chairman has been obtained to a sub-lease under this sub-regulation

(a) the lessor shall remain personally responsible for any rent payable in respect of the residence and for any damage caused to the residence, premises or services provided beyond fair wear and tear; and

(b) the rent payable by the lessee in respect of the residence or service provided shall not, except with the previous sanction of the Vice-Chairman, exceed the rent payable in such respect to the Authority by the lessor.

(4) Such permission may also be granted to an officer for sharing the residence allotted to him with

(a) an employee of the Authority eligible for accommodation in the general pool; and

(b) a close relative.

For purposes of this sub-regulation whether a person is close relative or not shall be decided by the Vice-Chairman.

(5) If an officer sublets a residence allotted to him or any portion thereof or any of the out house appurtenant thereto, without the permission of the Vice-Chairman, he shall, without prejudice to any other action that may be taken against him, shall be charged the full standard rent of the residence under F.R. 45-B, for the period of such subletting.

(1) Out-houses are provided for the bonafide use of domestic servants of the allottee and not for subletting purposes. This condition should be specifically mentioned in the letter of permission and cases of sharing with more than one should be considered as unauthorized subletting and treated under these regulations.

(2) If the period of stay of casual guest with the allottee is likely to exceed three months, the allottee should apply within two months of the arrival of the guest to the Vice-Chairman for permission for sharing in the accommodation. The Vice-Chairman will normally accord the permission, if the permission is not accorded, the casual guest must vacate the residence forthwith.

(3) It is not necessary to obtain the permission of the Vice-Chairman for sharing accommodation with eligible persons beforehand, and it would suffice, if such permission is obtained within a period of two months of the date on which sharing commenced.

(4) Sharing permission must be obtained by an allottee for every sharer. Habitual sharing with different persons would give rise to a presumption of profiteering by the allottee.

20. The liability for rent shall commence from the date of occupation of the residence or from the eighth day after the date of allotment of the residence whichever is earlier.

21. (1) The officer to whom a residence has been allotted shall be personally responsible for the rent thereof and for any damage beyond fair wear and tear, caused thereto or to the furniture, or services provided therein during the period for which the residence has been and remains allotted to him.

(2) Where the officer to whom a residence has been allotted is temporary he shall execute a security bond with a surety who shall be a permanent servant of the Authority, for due payment of all rent and other charges payable by him in respect of such residence.

(3) If the surety to the security bond dies, retires from service, becomes insolvent or ceases to be available for any reason the officer shall furnish another surety to the bond within ten days from the date of his knowledge of death, retirement, insolvency or non-availability of the former surety; and if he fails to do so the allotment of the residence to him shall, unless otherwise decided by the Vice-Chairman, be deemed to have been cancelled.

Instructions

It is not necessary for quasi-permanent employees to furnish sureties of permanent servants for payment of rent in respect of the accommodation allotted to them.

22. (1) Furniture in accordance with the scale to be approved by the Authority may be provided by the Authority in any residence at the request of the officer to whom that residence has been allotted.

(2) Rent shall be recoverable in accordance with the provisions of S.K 325 in respect of all furniture provided by the Authority.

(3) The officer to whom a residence has been allotted shall be required, when he enters into occupation of and when he vacates the residence, to sign an inventory of the furniture and fillings.

23. The officer to wliotn a incidence has been allotted shall maintain the residence and premises in a cleanly condition to the satisfaction of the local municipal authority (which is responsible only for the final disposal of rubbish and night soil) and the Vice Chairman.

24. (1) The officer to whom a residence has been allotted shall not permit trees or shrubs in the premises to be cut down or lopped save with the Consent of the Vice Chairman.

(2) The officer to whom a residence has been allotted shall comply with any orders of the Authority for the time being in force in respect of the garden attached thereto.

25. (1) If the officer to whom a residence has been allotted commits any breach of the regulations or the terms and conditions of allotment or uses the residence or premises or permits the residence or premises to be used, for any purpose which the Vice-Chairman considers to be improper, or conducts himself in a manner which in the opinion of the Vice-Chairman is prejudicial to the maintenance of harmonious relations with his neighbours, or if it is found that the officer has knowingly furnished incorrect information in any application or written statement with a view to securing an allotment, the Vice-Chairman, may, without prejudice to any other disciplinary action that may be taken against him, declare him to be ineligible for a residence during a specified period.

Provided that where the allotment of a residence is cancelled for conduct prejudicial to the maintenance of harmonious relations with the neighbour, the officer may be allotted another residence in the same class at any other place.

(2) For the purpose of this regulation "improper use" shall include

(a) charging of excessive rent from the sub-lessee or from a guest;

(b) erecting unauthorised structures in any part of the residence;

(c) using the residence or a portion thereof for purpose other than those for which they are meant; and

(d) unauthorised extension from electric and water connection or tampering therewith.

Instructions

1. When action is taken by the Vice-Chairman to cancel the allotment under the provisions of regulation 25 in proved cases of unauthorised subletting of residence by an officer a period of sixty days will be allowed to the allottees and any other person residing with him in that quarter, to vacate that quarter. The allotment shall be cancelled with effect from the date of vacation of the residence or expiry of the period of sixty days from the date of the orders passed under the provisions of the regulations referred to above.

2. Eviction proceedings will be taken up against the officer concerned immediately after the cancellation of his allotment.

30, If an officer warts to appeal to the Authority against the decision of Vice-Chairman, he may do so through the Vice-Chairman within seven days of the date of communication of orders to him. Not more than one appeal against each order will be entertained; and

4. If the allotment of an officer is cancelled because he has secured the allotment by furnishing incorrect information or because of breach of these regulations he may be declared by the Vice-Chairman to be ineligible for the allotment of residential accommodation for a period not exceeding two years.

26. Where, after the cancellation of an allotment under any of these regulations othur than regulation9, the residence remains or has remained in the occupation "of an officer to whom it was allotted or of any one claiming through him, tho full standard rent of the residence under F.R. 45-B or twice the standard rent under F.R. 45-A or 15 per cent of the emoluments of the officer, whichever is the highest, may be charged for the period of such occupation,

27. The fixation of standard rent and recovery of rent in respect of the residences allotted under above regulation;; shall be made in accordance with the relevant provisions of the Fundamental mid Supplementary Rules of the Central Government which shall apply mutatis mutandis in respect of al! matters, not specifically provided for in these regulations,

28. If any question arises as to the interpretation of these regulations, the decision of the Authority shall be final.

29. The authority may for reasons to be recorded relax any or all the regulations or of the terms and conditions of the allotment in the case of any officer or residence of class of officers or residences,

30. The Vice-Chairman may, with the approval of the Authority, delegate any of the powers of functions conferred upon him by these regulations to any whole time Member or the officer of the Authority subject to such conditions as he may deem fit to impose.

SCHEDULEDELHI DEVELOPMENT AUTHORITY

Form of application for allotment of residences for the year commencing 1st April

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Name, Mr/Mrs./Miss (in block letters)

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Class to which entitled (Regulation 4)

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Priority date

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Qualifying appointment held

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Particulars of the permanent post, if any, held by the officer substan-tively.

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Date of appointment in the Delhi Improvement Trust/Delhi Development Provisional Authority/ Delhi Development Authority

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Emoluments on 1st April of year of application, or in the case of first application on the date of qualifying posting.

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The date from which the emoluments at

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Whether the officer is entitled to rent free accommodation.

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Whether the officer is a family or single officer.

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If family officer, details of the members of family should be given below

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SI No.

Name

Age

Relationship

Profession if any