Levy of Development charge

(1) Subject to the provisions of this Act and the rules made thereunder, the Authority may, with the previous sanction of the State Government, by notification, levy a charge (hereinafter called the development charge) for recovery of total cost of amenities already provided or proposed to be provided in future by the Authority or on the institution or change of, use of land or buildings or on the carrying out of any development under this Act in the whole or any part of the planning area in the manner hereinafter provided. (2)(a) Where no other mode of recovery of the cost of any scheme prepared by the Authority under Chapter XII is provided under this Act, the Authority may levy development charge not exceeding the amount of total cost of amenities already provided or proposed to be provided in future with a view to recover the cost of such amenities. (b) The development charge may also be levied on the institution, or change of, use of land or building or on the carrying out of any development in the planning area : Provided that different rates of development charge may be levied for different parts of the planning area and for different uses : Provided further that no development charge shall be levied on institution, or change of, use of any land or building vested in or under the control or in possession of, the Central Government or the State Government. (3) The rates of development charge leviable shall be assessed by the Arbitrator on a reference having been made in this behalf to the Arbitrator by the Authority.