Section 123 in The Orissa Development Authorities Act, 1982
123. Power of State Government to make rules.
(1)The State Government, after consultation with the Authority, may make rules to carry out all or any of the purposes of this Act and prescribe forms for any proceedings for which it considers that a form should be provided :Provided that consultation with the Authority shall not be necessary on the first occasion of the making of the rules under this section, but the State Government shall take into consideration any suggestion 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 :(i)the salary, allowances and conditions of service of the Vice-Chairman and whole-time paid members of the Authority under Sub-section (7) of Section 3.(ii)control and restriction in relation to appointment of Secretary and other officers and employees of the Authority under Subsection (1) of Section 4 ;(iii)the form and the manner in which the notice shall be published inviting objections with respect to the draft development plan under Sub-section (1) of Section 12 ;(iv)the form and contents of the development plan, the procedure to be followed and any other matter including time-limit in connection with the preparation, submission and approval of such plan, under Sub-section (4) of Section 12 ;(v)the form and the manner in which notice shall be published inviting objections and suggestions with respect to the proposed modification in a development plan under Subsection (3) of Section 14 ;(vi)the fee to be accompanied with the application for permission to develop under Sub-section (2) of Section 16 ;(vii)the manner in which and the fee to accompany the appeal against any orders under Section 16 or 17, under Sub-section (1) of Section 18 ;(viii)the amount of fee to be paid for re-validation of permission, under Section 20;(ix)such other matters, which may be provided in a town planning scheme under Clause (i) of Sub-section (4) of Section 22 ;(x)the manner of publication of declaration of intention to make a town planning scheme under Sub-section (2) of Section 23 ;(xi)the manner in which the Authority shall publish a notice and the form in which information shall be invited in respect of title or interest in the lands or buildings covered by the draft town planning scheme under Sub-section (3) of Section 23 ;(xii)the manner of publication of a draft town planning scheme under Sub-section (1) of Section 25;(xiii)other particulars which a draft town planning scheme may contain under Clause (h) of Section 27;(xiv)the manner in which and the method by which compensation shall be payable under Sub-section (3) of Section 28 ;(xv)the form of permission to be granted by the Authority under Sub-section (1) of Section 32 ;(xvi)the qualifications for appointment of Valuation Officer under Sub-section (1) of Section 33 ;(xvii)the procedure to be followed by the Valuation Officer for sub-dividing the town planning scheme under Section 34;(xviii)the manner and the form of notice to be served by Valuation Officer under Clause (i) of Sub-section (1) of Section 35 ;(xix)the manner and the form of notice to be given by the Valuation Officer under Clause (x) of Sub-section (3) of Section 35 ;(xx)the form in which the preliminary and the final town planning scheme shall be drawn under Sub-section (3) of Section 35 ;(xxi)the form in which the decision of the Valuation Officer, shall be communicated to the party concerned under Section 37;(xxii)the procedure of summary eviction of a person under Section 51;(xxiii)the form of notice to be given under Sub-section (1) of Section 52;(xxiv)the manner of publication of the draft variation of a town planning scheme under Sub-section (2) of Section 53 ;(xxv)the manner of publication of the draft amendment to regulations under Sub-section (1) of Section 55 ;(xxvi)the time within which, any claim is to be made by owner of any property or right injuriously affected by the making of a town planning scheme under Section 65;(xxvii)the period for payment of excess amount by owner under Sub-section (2) of Section 68;(xxviii)rules for regulating the borrowing by the Authority under Sub-section (9) of Section 77;(xxix)the time and-the manner in which the collections made under Sub-section (1) of Section 78 shall be paid to the Authority under Sub-section (4) of that section;(xxx)the form in and the time at which the annual budget of the Authority shall be prepared under Section 80;(xxxi)the form in which the Authority shall maintain its accounts and records and prepare annual statement of accounts and balance sheet under Sub-section (1) of Section 81 ;(xxxii)the form in and the date on or before which the Authority shall prepare its annual report under Section 82;(xxxiii)the manner in and conditions subject to which the Authority shall constitute provident fund under Sub-section (1) of Section 83;(xxxiv)the time at and the manner in which application shall be made to the Authority for assessment of development charge under Sub-section (1) of Section 86;(xxxv)the powers to be exercised, the functions to be performed and the procedure to be followed by the Art Commission under Subsection (3) of Section 88;(xxxvi)tho time at and the manner in which the fines realised in connection with the prosecutions under this Act shall be paid to the Authority under Section 112;(xxxvii)the form of no objection certificate under Section 116;(xxxviii)any other matter which has to be, or may be prescribed by rules.(3)The State Government shall have power to make rules-(a)in respect of conditions on which officers and employees of the Authority may be appointed, reduced in rank, suspended, discharged, removed or dismissed ;(b)in respect of accounts to be maintained by the Authority;(c)in respect of returns, statements, reports and accounts to be submitted by the Authority to the State Government ;(d)prescribing and defining the mutual relationship to be observed between the Authority and the local authority in any matter in which they are jointly interested ;(e)in respect of principles, guidelines, planning standards,building regulations, conditions and restrictions in accordance with which development may be undertaken or regulated ;(f)in respect of authentication of development plans at the time of approval by the State Government and custody thereof and the procedure for its production before Courts for verification ;(g)in respect of calling of tenders, security amount, acceptance of tenders, issue of work orders, entering into contract, execution of works, compromise of claims, and matters ancillary thereto ;(h)in respect of such other matter in relation to which the Authority shall make enquiry while considering applications for permission to develop;(i)in respect of the stages by which the development of any particular feature of a zone may be carried out;(j)in respect of the local enquiries or other hearing that may be made before a development plan is approved ;(k)in respect of the manner in which State Government land after transfer to the Authority shall be dealt with ;(l)in respect of matters related to leasing or hiring out or transfer of any property belonging to the Authority and matter ancillary or consequential thereto ;(m)in respect of the powers to be exercised and the functions to be performed by the members of the Authority including the Chairman and the Vice-Chairman.(4)In making any rule, the State Government may provide that a breach thereof, shall be punishable with fine which may extend to one thousand rupees and in the event of the continuance of the offence, a fine which may extend to rupees thirty per day.
