Section 114 in The Orissa Development Authorities Rules, 1983
114. Reference to State Government under Section 113.
(1)Before requiring any local authority to assume responsibility for the maintenance and provision of amenities in any area under Section 113, 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;(b)objects of development;(c)description and specification of the amenities provided by the Authority;(d)expenditure incurred by the Authority on such amenity;(e)date when each such amenity was provided;(f)description and specification, if any, of the amenities not provided by the Authority, along with reasons for not providing such amenities, but which in its opinion should be provided in the area;(g)terms and conditions on which the local authority or authorities 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 call upon the local authority 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 in the concerned area on the terms and conditions specified in the said statement.(3)The concerned local authority shall, within ninety days of the date of receipt of the communication referred to in Sub-rule (2) or within such further period as may be allowed by the Authority in this behalf, communicate to the Authority its acceptance of the responsibility for 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 of the terms and conditions, or if no reply is received from the local authority within the period mentioned in Sub-rule (3), the Authority shall refer the matter to the State Government whose decision shall be final.(6)Every reference in the State Government under Sub-rule (5) shall be accompanied by-(a)a copy of the statement referred to in Sub-rule (1) and of the communication to the local authority referred to in Sub-rule (2);(b)plans and estimates of the cost of the development of the area;(c)the reply of the local authority, if any, received under Sub-rule (4);(d)a statement of the modification, if any, made under Sub-rule (4); and(e)the statement of the terms and conditions in respect of which there are differences between the Authority and the local authority.
