LexThe DUSIB ACT 2010
Delhi · state statute
Open in Lexace · Ask the AI about this act 1
(TO BE PUBLISHED IN PART IV OF THE DELHI GAZETTE –
EXTRAORDINARY)
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI
DEPARTMENT OF URBAN DEVELOPMENT,
9TH LEVEL, ‘C’ WING, DELHI SECRETARIAT, NEW DELHI.
THE DELHI URBAN SHELTER IMPROVEMENT BOARD ACT, 2010
(Delhi Act 07 of 2010)
(As passed by the Legislative Assembly of the National Capital Territory of
Delhi on the 01st April, 2010)
[13th May, 2010]
An Act to provide for the establishment of the Delhi Urban Shelter Improvement
Board in the National Capital Territory of Delhi and for matters connected therewith or
incidental thereto.
BE it enacted by the Legislative Assembly of the National Capital T erritory of
Delhi in the Sixty First Year of the Republic of India as follows: -
CHAPTER I
PRELIMINARY
Short title , extent and
commencement.
1. (1) This Act may be called the Delhi Urban Shelter
Improvement Board Act, 2010.
(2) It extends to the whole of the National Capital Territory of
Delhi.
(3) It shall come into force on such date as the Government
may, b y notification in the official Gazette, appoint and
different dates may be appointed for different provisions of
this Act and any reference in any such provision to the
commencement of this Act shall be construed as a
reference to the coming into force of that provision.
Definitions. 2. In this Act, unless the context otherwise requires, -
(a) “Board” means the Delhi Urban Shelter Improvement Board
constituted under sub-section (1) of section 3 of this Act;
(b) “building” includes a house, out-house, stable, latrine, urinal
shed, hut, jhuggi, wall (other than a boundary wall) or any
other st ructure whether made of masonry , brick, wood,
mud, metal or any other material but does not include any
portable shelter;
2
(c) “Delhi” means the National Capital Territory of Delhi;
(d) “Government” means the Lt. Governor of the National
Capital Territory of Delhi appointed by the President under
article 239 and designated as such under article 239AA of
the Constitution;
(e) “improvement” in relation to any jhuggi jhopri basti means
the activity of improvem ent as provided under section 11 of
this Act;
(f) “jhuggi” means a structure whether temporary or pucca, of
whatever material made, with the following characteristics ,
namely:-
(i) it is built for residential purpose;
(ii) its location is not in conformity with the land use of
the Delhi Master Plan;
(iii) it is not duly authorized by the local authority having
jurisdiction; and
(iv) it is included in a jhuggi jhopri basti declared as such
by the Board, by notification;
(g) “jhuggi jhopri basti” means any group of jhuggis which
the Board may, by notification, declare as a jhuggi jhopri
basti in accordance with the following factors, namely:-
(i) the group of jhuggis is unfit for human habitation;
(ii) it, by reason of dilapidation, overcrowding,
faulty arrangement and design of such jhuggis,
narrowness or faulty arrangement of streets,
lack of ventilation, light or sanitation facilit ies,
or any combination of these factors, is
detrimental to safety, health or hygiene; and
(iii) it is inhabited at least by fifty households as existing
on 31st March, 2002:
Provided that the Board may, by order, attach
any jhuggi or jhuggis scattered in the nearby areas to
any jhuggi jhopri basti and such jhuggi or jhuggis shall
be deemed to be part of such jhuggi jhopri basti;
(h)“katra” includes a residential building or group of buildings in
which more than one household share
3
common facilities which is traditionally and popularly known in
Delhi as a “katra”.
(i) “land” includes benefits arising out of land, things attached
to the earth or permanently fastened to anything attached to
the earth and rights created by law over any street;
(j) “Lieutenant Governor” means the Lieutenant Governor of
the National Capital Territory of Delhi appointed by the
President under article 239 of the Constitution;
(k) “local authority” includes the Delhi Development Authori ty,
the Municipal Corporation of Delhi, the New Delhi Municipal
Council, the Delhi Cantonment Board, and any other
authority performing the functions of a local authority;
(l) “Master Plan” means the Master Plan for Delhi prepared
under the Delhi Development Act, 1957 (61 of 1957);
(m) “occupier” includes-
(i) any person who for the time being is paying or is liable
to pay to the owner the rent or any portion of the rent
of the land or building in respect of which such rent is
paid or is payable;
(ii) an owner in occupation of, or otherwise using his land
or building;
(iii) a rent-free tenant of any land or building;
(iv) a licensee in occupation of any land or building; and
(v) any person who is liable to pay to the owner damages
for the use and occupation of any land or building;
(n) “official Gazette” means the official gazette of Delhi;
(o)“owner” in respect of clause (b) of section 38 and section 40
of th is Act shall have the same meaning as assigned in
clause (37) of section 2 of the Delhi Municipal Corporation
Act, 1957 (66 of 1957), whereas in respect of sub -section
(2) of section 1 0, sub -section (1) of section 1 1 and sub -
sections (1) and (4) of section 12 , it means the Central
Government, or Government of Delhi , as the case may be,
or their agencies;
(p) “person interested” in relation to any land or building,
4
includes any person claiming, or entitled to claim, an interest in
the compensation payable on account of the acquisition of
that land or building under this Act;
(q) “premises” means any land or building or part of a building
and includes – (a) the garden, ground and out -houses, if
any, appertaining to a building or part of a building , and (b)
any fittings affixed to a building or part of a building for the
more beneficient enjoyment thereof;
(r) “public premises” shall have the same meaning as defined in
clause (e) of section 2 of the Public Premises (Eviction of
Unauthorized Occupants) Act, 1971 (40 of 1971);
(s) “redevelopment” means the activity of redevelopment of an
area where jhuggi jhopri basti is situated in accordance w ith
the provisions of section 12 of this Act;
(t) “regulation” means a regulation made by the Board with the
approval of the Government, under this Act, by notification in
the official Gazette;
(u) “rule” means a rule made by the Government under this
Act, by notification in the official Gazette.
(v) “slum” and “slum area” shall have the same meanings as
assigned to them under the Slum Areas (Improvement and
Clearance) Act, 1956 (96 of 1956);
(w)“unauthorized regularized colonies” mean the unauthorized
colonies regularized from time to time.
5
CHAPTER II
DELHI URBAN SHELTER IMPROVEMENT BOARD AND ITS
CONSTITUTION
Establishment of the
Board.
3. (1) As soon as may be after the commencement of this Act,
the Government shall, by notification in the official
Gazette, constitute an authority to be called “the Delhi
Urban Shelter Improvement Board”. (herein after
referred to as “the Board”).
(2) The Board constituted under sub-section (1) shall be
the competent authority to implement the provisions of
the Slum Areas (Improvement and Clearance) Act, 1956
(96 of 1956).
(3) The Board shall be a body corporate by the name
aforesaid having perpetu al succession and a common
seal and to contract and shall b y the said name sue and
be sued.
(4) The Board shall consist of the following, namely:-
(i) (a) a Chairperson, who shall be the Chief
Minister;
(b) a Vice-Chairperson who shall be the
Minister in-charge of the concerned department
of the Government dealing with the Board;
(ii) the chief executive officer, to be nominated by
the Government who shall be an officer carrying
a scale of pay which is not less than that of a
Joint Secretary to the Government of India;
(iii) three members of the Legislative Assembly of
Delhi, to be nominated by the Chairperson in
consultation with the Speaker;
(iv) two members of the Municipal Corporation of
Delhi, to be nominated by the Mayor;
(v) the Vice Chairman, Delhi Development
Authority, ex-officio;
(vi) the Commissione r of the Municipal C orporation
of Delhi, ex-officio;
(vii) the Chief Executive Officer, Delhi Jal Board , ex-
officio;
6
(viii) the Chairperson of the New Delh i Municipal
Council, ex-officio;
(ix) a Member (Engineering), to be nominated by the
Government, who shall be an engine er, carrying
a scale of pay, which is not less than that of a
Joint Secretary to the Government of India,
having specialized knowledge and experience in
the matters relating to engineering;
(x) a Member (Finance) , to be nominated by the
Government carrying a scale of pay which is not
less than that of a Joint Secretary to the
Government of India, having specialized
knowledge and practical experience of
accounting and financial matters;
(xi) a Member (Administration), to be nominated by
the Government carrying a scale of pay, which is
not less than that of a Joint Secretary to the
Government of India, having specialized
knowledge and practical experience of
personnel and administrative matters;
(xii) a Member (Power) , to be nominated by the
Government carrying a scale of pay which is not
less than that of a Joint Secretary to the
Government of India, having specialized
knowledge and practical experience of power
and administrative matters;
(xiii) the Secretary in charge of the concerned
Department of the Government dealing with th e
Board, ex-officio;
(xiv) a representative of the Ministry of Urban
Development, Government of India , who shall
be an officer of the rank of Joint Secretary to the
Government of India, to be nomi nated by the
Central Government;
(xv) two experts on the subjects deali ng with the
urban planning and slum matters non officials, to
be nominated by the Chairperson.
Term of office and
conditions of service of
members.
4. The term of office and other conditions of service of
the members shall be as follows: -
(1) Members nominated under clauses (ii), (ix), (x),
7
(xi), (xii) and (xv) of sub section 4 of section 3 of
this Act shall receive from the funds of the
Board such salaries and allowances, and shall
be governed by such conditions of service, as
may be prescribed.
(2) Except in the case of ex -officio members and
members nominat ed under clauses (iii) and (iv)
of sub-section ( 4) of section 3 of this Act , the
members of the Board sha ll hold office at the
pleasure of the Government.
(3)The members of the Boar d nominated under
clauses (iii) and (iv) of sub-section ( 4) of
section 3 of this Act shall hold office for a
period of two years and such term shall
come to an end as soon as the member
concerned ceases to be a member of the
body from which he/she was nominated.
Acts and proceedings
not to be invalidated by
vacancies, etc.
5. No act done or proceeding taken by the Board or under
the authority of the Board shall be questioned on the
ground merely of the existence of any vacancy in , or
defect in the constitution of the Board.
Appointment of officers
and employees and
their sa laries and
allowances.
6. (1) The Board may appoint a Secretary and such other
officers and employees as it may consider necessary
for the efficient performance of its functions under this
Act.
(2) The pay and other conditions of service of the officers
and employees of the Board shall be such as may be
prescribed by regulations.
(3) Unless expressly provided to the contrary under this
Act or the regulations made thereunder, the terms and
conditions of service of officers and employees of the
Board shall be governed mutatis mutandis by the
terms and conditions of service under the rules and
regulations applicable to the employees of the
Government and by the orders and decisions issued
by the Government from time to time.
Power to levy fees and
charges.
7. The Board shall, for the purposes of this Act, levy fees
and charges for any services, which it may be
8
required to provide, as may be prescribed by the rules in this
behalf.
Urban shelter
consultative committee.
8. (1) The Government may constitute an urban shelter
consultative committee to perform functions described
in sub-section (3) of this section.
(2) The composition of the consultative committee shall be
as may be prescribed by rules.
(3) The functions of the urban shelter consultative
committee shall be-
(i) to provide feedback to the Board regarding the
status of redevelopment and various initiatives
of the Board;
(ii) to articulate the felt needs and problems of the
slum and jhuggi dwellers;
(iii) to suggest to the Board strategies for more
effective provision of basic infrastructure of
services;
(iv) to advise the Board on any other matter
regarding which the Board may seek its advice.
(4) the members of the consultative committee shall be
paid remuneration as prescribed by rules.
CHAPTER III
FUNCTIONS OF THE BOARD
Survey of jhuggi
jhopri bastis.
9. (1) The Board shall have the power to make a survey of any jhuggi
jhopri basti, with a view to ascertaining the number of residents
thereof, the existing standard of health, sanitation and civic
amenities, the availability of medical and educational facilities
for the residents thereof, and any other matter which may
appear necessary to it to enable it to perform its functions under
this Act.
(2) It shall be the duty of every local authority and of every
department of the Government to make available to the Board all
information in its possession relevant to the conduct of such
survey.
9
Removal and
resettlement of
jhuggi jhopri
bastis.
10. (1) The Board shall have the power to prepare a scheme for the
removal of any jhuggi jhopri basti and for resettlement of the
residents thereof, and the consent of the residents of the jhuggi
jhompri basti shall not be required for the preparation or
implementation of such a scheme.
Explanation.- Nothing in sub -section (1) shall derogate the
power of the Central Government to remove jhuggis, if
required.
(2) Every such scheme shall specify the amount to be paid by the
land owner and by t he persons to be resettled towards the cost
of new houses to be allotted to them and also the criteria for
eligibility for resettlement.
Explanation: For the removal of doubts it is hereby clarified that
owner of the land from where the basti is removed an d the
subsequent beneficiary -residents to be resettled shall
contribute towards the cost of new houses to be allotted to
them and the said amount of the contribution shall be specified
in the scheme.
(3) The Board may, after prior consultation with the Govern ment,
cause any jhuggi jhopri basti to be removed and may resettle
such residents thereof as may be eligible in accordance with the
scheme prepared under sub-section (1), and it shall be the duty
of the local authority having jurisdiction and of the police and of
any other agency or department whose assistance the Board
may require to co -operate with and render all reasonable
assistance to the Board:
Provided that where jhuggi jhopri basti is on the land
belonging to the Central Government or any of its organizations,
the process of removal and resettlement shall be undertaken
with the prior consent of the Central Government or its
organization concerned:
Provided further that such resettlement shall not be done in
contravention of the provis ions of the Delhi Development Act,
1957 (61 of 1957) and those of the Master Plan for Delhi or the
zonal development plans prepared thereunder.
10
Scheme of
improvement of
jhuggi bastis.
11. (1) The Board may prepare a scheme for the improvement of an y
jhuggi jhopri basti which may include provision of toilets and
bathing facilities, improvement of drainage, provision of water
supply, street paving, and provision of dustbins, or sites for
garbage collection, street lighting, or any of them, or provisio n
of any like facilities:
Provided that no such scheme shall be prepared if the
owner of the land on which the jhuggi jhopri basti is situated
has already consented to the preparation of a scheme for the
removal of the jhuggi jhopri basti under sect ion 1 0 and has
paid his share of the cost thereof.
(2) The Board may take all measures which may be necessary for
the implementation of any scheme for improvement of a jhuggi
jhopri basti prepared under sub -section (1) and it shall be the
duty of the local au thority, power generation and distribution
companies or any licensee under the Electricity Act, 2003 (36 of
2003) having operations in the area, and any department or
undertaking of the Government to render all reasonable
assistance for the implementation thereof.
(3) A scheme prepared under sub-section (1) may include provision
for payment or for contribution of labour by the residents of the
jhuggi jhopri basti individually or collectively, and may also
include provision for recovery of charges for the use o f toilets
and bathing facilities:
Provided that no such payment or contribution of labour,
other than charges for use of toilet and bathing facilities, shall
be levied unless the scheme has been published and the
residents given an opportunity to make representations and
suggestions regarding it in such manner as may be prescribed
by regulations, and such representations or suggestions, if any,
have been duly considered by the Board.
Scheme of
redevelopment of
jhuggi jhopri basti.
12. (1) The Board may, with the consent of the owner of the land on
which the jhuggi jhopri basti is situated, work out schemes for
collective community rehabilitation , relocation or in-situ
upgradation and involve private sector/slum cooperatives for
redevelopment of the basti with a view to
11
bringing about environmental improvement and improvement in
the living conditions of the residents. Rehabilitation of the
residents of the jhuggi jhopri bastis who would be affected by
redevelopment shall fo rm an integral part of the rehabilitation
scheme.
(2) The consent of the residents of the jhuggi jhopri basti shall not
be required for the preparation and implementation of any
scheme for redevelopment of the basti under this section.
(3) The redevelopment schem e referred to in sub -section (1) may
provide for construction and disposal by sale or lease of land for
commercial, residential, institutional and light industrial use or
any one or more of them as per the provisions of the Delhi
Development Act, 1957 (61 of 1957) and those of the Master
Plan for Delhi and Zonal Development Plans , etc. prepared
thereunder
(4) The Board may permit the owners on whose land a basti for
which the scheme of re -development has been prepared under
sub-section (1), to implement that s cheme. Such scheme may
not be executed by the Board itself.
Provided that the prior approval of the Central
Government shall be taken if the land in question belongs to
the Central Government
Basti Vikas
Samiti.
13. (1) The Board may constitute a Basti Vikas Samiti for any jhuggi
jhopri basti to assist and advise the Board on all matters
relating to the activities of the Board in respect of such basti or
bastis.
(2) The procedure to be followed by the Board in this beh alf
shall be as may be specified in the regulations made in this
behalf.
Power to make
temporary use of
vacant site.
14. The Board may, subject to the provisions of this Act, make
temporary use of any vacant site which, in its opinion, is
urgently requi red for provision of public conveniences or
drainage, the absence of which, in the opinion of the Board, is
likely to cause a danger to public health and sanitation in the
locality:
12
Provided that the Board shall not make use of the land
under or appurtenant to any lawfully existing and duly
authorized building.
Preference to
other sites.
15. The Board shall, as far as may be, make use of the land under
this Chapter belonging to the Government, the Central
Government, a local authority, gove rnment undertaking or
autonomous body in preference to other sites:
Provided that the prior approval of the Central
Government shall be taken if the land in question belongs to
the Central Government
Procedure of
making temporary
use of site.
16. (1) Before making use of any site under this Chapter, the
Board shall call upon the owner thereof or any person in
possession of the site or managing it, to show cause within
seven days of the service of notice as to why such
temporary use of land should not be made:
Provided that before utilizing the site under this sub -
section, the Board shall consider the representation, if any,
made by such person in this behalf.
(2) If the Board is satisfied, after having considered any
representation made under sub -section (1), that it is
necessary to make use of the site, the Board may proceed
to make use of such site and may use such force for the
purpose as may be necessary.
Provided that where th e site belonged to the Central
Government or any of its agenc ies or organization s, prior
approval shall be taken of the Central government or its
agency, or organization concerned.
Lease or
agreement no
ground for
refusal.
17. Notwithstanding the provisions of any other law for the time
being in force, no lease or other agreement entered into in
respect of such site shall be a ground for refusal to allow
temporary use by the Board of such site;
Provided that where the site b elonged to the Central
Government or any of its agency or
13
organization, prior approval shall be taken of the Central
government or its agency or organization concerned.
Issuance of fresh
notice.
18. If the Board does not make use of such site for the purpose
envisaged in section 1 4 within a period of six months from
the date of the issue of the notice, the Board shall issue fresh
notice for the same before making use of it. The period of six
months shall count from the date of the issue of the notice
under section 16.
Use of temporary
site.
19. Notwithstanding the provisions of any other law for the time
being in force, the Board may construct such structures or
do such works on the site , the use of which is made under
section 14 as may appear necessary to it in order to make
use of it for provisions of public conveniences and drainage,
but as far as may be shall refrain from making permanent
alterations and modifications, and shall remove all
structures constructed by it upon cessation of such use.
Provided that where the site belonged to the Central
Government or any of its agenc ies or organization s, prior
approval shall be taken of the Central Government or its
agency or organization concerned.
Duration of
temporary use of
site.
20. The Board shall discontinue the temporary use of any site
taken under this Chapter within two years from the date of
commencement of such use:
Provided that if the Board is satisfied that
continuation of such temporary use is necessary in the
interest of public health, the Board may, after giving
opportunity to show cause, by order extend such temporary
use for such further period, not exceeding one year, as the
Board may deem necessary.
Housing scheme. 21. (1)The Board may prepare a housing scheme for the
resettlement of persons who are to be resettled or provided
alternative accommodation under any scheme for the
removal of any jhuggi jhopri basti under the provisions of
section 10 or section 12 of this Act.
14
(2) The Board may prepare schemes for housing of those
belonging to economically weaker sections including low
income group and poor categories.
Provided that except where land or rehabilitation site
belongs to the Government, a housing scheme under sub -
section (1) and (2) shall be drawn up in consultation with
the land owning agency on mutually accepted conditions.
(4) Every scheme prepared under sub -section (1) shall provide
for the cost of land, the development of su ch land and all
related matters, the mode of allotment of plots or of houses,
including the selection of allottees of such plots or houses
and the terms and conditions of allotment, and for any other
matter that may be considered necessary.
Publication of
scheme for
inviting
objections.
22. Before finalizing and implementing any scheme under this
Chapter, the Board shall publish the scheme in such
manner as may be prescribed by regulations and shall
invite and consider objections, if any, received from the
public.
CHAPTER – IV
FINANCE, ACCOUNTS AND AUDIT
Funds of
the Board.
23. (1) The Board shall have and maintain its own funds to which shall be
credited -
(a) all moneys received by the Board from the Government by way o f
grants, loans, advances or otherwise;
(b) all moneys borrowed by the Board from sources other than the
Government by way of loans, or debentures;
(c) all fees and charges collected or received by the Board under this
Act or any rules or regulation made thereunder;
(d) all moneys received by the Board from the disposal of lands,
buildings and other properties, movable and immovable; and
(e) all moneys received by the Board by way of rents and profits or in
any other manner or from any other sources.
(2) The funds shall be applied towards meeting the expenses incurred
by the Board in the administration of this Act and for
15
no other purpose.
(3) The Board may keep in current account of the State Bank of India
or any other nationalized banks such sum or sums of money out of
its funds as may be prescribed by rules and any money in excess
of the said sum or sums shall be invested in such manner as may
be approved by the Government.
(4) The Government may make such grants, advances and loans to
the Board as the Governm ent may deem necessary for the
performance of the functions of the Board under this Act and all
grants, loans and advances made shall be on such terms and
condition as the Government may determine.
(5) The Board may borrow moneys by way of loans or debentures
from financial institutions and such sources (other than the
Government) and on such terms and conditions as may be
approved by the Government.
(6) The Board shall maintain a Debt Fund for the repayment of
moneys borrowed under sub -section (5) and shall pay ev ery year
into the Debt Fund such sum as may be sufficient for repayment of
principal and interest due thereon, within the period fixed, of all
moneys so borrowed.
(7) The Debt 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.
Budget
and
audit
of the
Board
24. (1) The Board 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 Board and shall forward to the Government such number of
copies thereof as may be prescribed by rules.
(2) The Board shall maintain proper a ccounts and other relevant
records and prepare an annual statement of accounts, including the
balance-sheet in such form as the Government may by rules
prescribe in consultation with the Comptroller and Auditor -General of
India.
(3) The accounts of the Board s hall 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
Board to the Comptroller and Auditor-General of India.
(4) The Comptroller and Auditor -General of India and any person
16
appointed by him in connection with the audit of accounts of the
Board 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 th e 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 Board.
(5) The accounts of the Board 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 Government and the Government shall cause a copy of the same
to be laid before the Legislative Assembly of Delhi.
Annual
report
of the
Board.
25. The Board shall prepare for every year a report of its activities during
that year and submit the report to the Government in such form and
on or before such date as may be prescribed by r ules, and the
Government shall cause a copy of the report to be laid before the
Legislative Assembly of Delhi.
CHAPTER – V
MISCELLANEOUS
Production of
record.
26. The Government may at any time require the Board -
(a) to produce any record, correspond ence or other document in
possession of the Board, and
(b) to furnish any report, written plan, estimate, statement of accounts
or statistics relating to the functions of the Board.
Inspection and
examination of
works,
records, etc.
of the Board
by the
Government
27. The Government may depute any officer to inspect or examine any
office of the Board or any service or work undertaken by the Board
or property belonging to the Board and to report thereon and the
Board and all its officers shall be bound t o provide access to such
person, at all reasonable times, to the premises and properties of the
Board as well as of all records, accounts and other documents the
inspection of which such officer may consider necessary to enable
him to discharge his duties.
Board to
comply wi th
directions of
the
28. The Government may, at any time, issue directions to the Board in
relation to the management of the Board and the Board shall comply
with such directions.
17
Government Provided that the G overnment shall obtain and consider the
opinion of the Board before issuing any such direction.
Provided further that the Government shall make due provision for
any financial liability to the Board arising directly in consequence of any
such directions.
Provided also that all directions issued to the Board by the
Government shall be reported to the Legislative Assembly of Delhi at
the end of each year.
Transitional
provisions.
Taking over
the Services
of officers and
employees.
29. Notwithstanding anything contained in this Act, the Government may,
if necessary, appoint a special officer to exercise the powers and
discharge the functions of the Board until the day on which the first
meeting of the Board is held after the commencement of this Act.
30. In administering the provisions of this Act, the Board may, with the
prior approval of the Government, take over the services of the
officers and other employees of any existing organization of the
Government or any other local authority with such designations as
the Board may determine and they shall hold office for the same
tenure, and at the same remuneration and on same terms and
conditions of service, as they would have held if the Board had not
been est ablished and shall continue to do so until such tenure,
remuneration and terms and conditions are duly altered by the
Board:
Provided that the tenure, remuneration and terms and conditions
of service of any such officer or employee shall not be altered to his
disadvantage without the previous approval of the Government:
Provided further that any services rendered by any such officer
or employee before the establishment of the Board shall be deemed
to be services rendered under the Board:
Provided also that the Board may employ any such officer or
other employee in the discharge of such functions under this Act as
the Board may think proper and every such officer or other
employee shall discharge those functions accordingly.
18
Taking over
the assets and
liabilities.
31. On and from the commencement of this Act, the Board may take over
such assets and liabilities, both movable and immovable, of any
existing organization of the Governme nt or any local authority as
may be specified by the Government or by the Central Government,
as the case may be, by an order issued in this behalf, on such terms
as may be specified in such order.
All
appointments,
notifications,
orders, etc.
made or
issued prior to
formation of
the Board to
continue in
force.
32.(1) Anything done or any action taken, including any
appointment, notification, order, delegation, scheme, rule, form,
notice made, granted or issued by any existing organization of the
Government or of any other local authority, shall, in so far as it is not
inconsistent with the provisions of this Act, continue in force and be
deemed to have been made, issued or granted under the provisions
of this Act.
(2) All debts, obligations and liabilities incurred, all contracts entered
into and all matters and things engaged to be done by , with or for
the existing organization of the Government or any local authority
shall be deemed to have been incurred, entered into or engaged to
be done by, with or for the Board.
(3) All rents, fees and other sums of money due to the existing
organization of the Government or any local authority shall be
deemed to be due to the Board.
(4) All suits, prosecutions and other legal proceedings instituted or
which m ight have been instituted by, for or against the existing
organization of the Government or any local authority may be
continued or instituted by, for or against the Board.
Acquisition of
immovable
property.
33. (1) The Board shall for the purposes of this Act, by agreement on such
terms and at such price as may be approved by the Board, have
power to acquire and hold or dispose of movable and immovable
property or any interest thereon.
(2) The Government may at the request of the Board acquir e, prescribe
any immovable property in accordance with the law for the time
being in force.
Power to
contract.
34. The Board shall be competent to enter into and perform any contract
necessary for the discharge of its functions under this Act.
19
Officers and
employees of
the Board to
be public
servants.
35. All officers and employees of the Board shall, when acting or purporting
to act in pursuance to the provisions of this Act or of any rules or
regulations made thereunder be deemed to be publ ic servant within
the meaning of section 21 of the Indian Penal Code, 1860 (45 of
1860).
Service of
notices, etc.
36. (1) Every notice issued by or on behalf of the Board or any of its
officers or employee shall be deemed to be duly served -
(a) by giving or tendering the notice, order or direction, or by sending it
by post / carrier to the person for whom it is intended; or
(b) if such person cannot be found, by affixing the notice, order or
direction on some conspicuous part of his last known place of
residence or business, or by giving or tendering the notice, order or
direction to some adult member or servant of his family or by
causing it to be affixed on some conspicuous part of the building or
land, if any, to which it relates.
(2) Where the person on whom a notice, order or direction is to be
served is a minor, such service upon his guardian, or upon any adult
member of his family, shall be deemed to be the service upon such
minor.
Power of entry
and
inspection.
37. It shall be lawful for any off icer or employee authorized by the Board in
this behalf, to enter into or upon any land or building built by the Board,
with or without assistants and workmen, for the purpose of making an
enquiry, inspection, measurement, valuation or survey or to execute
any work which is authorized by or under this Act or which it is
necessary to execute for any of the purposes or in furtherance of any of
the provisions of this Act or of any rule or regulation made thereunder.
Breaking into
building.
38. It shall be lawful for any person authorized by the Board in this behalf
to make an entry into any place whereupon the premises and structures
have been built by the Board and to open or cause to be opened any
door, gate or other barrier thereof or thereon -
(a) if he co nsiders the opening thereof necessary for the purpose of
such entry; and
(b) if the owner or occupier is absent, or being present refuses to open
such door, gate or barrier.
20
Time of
making entry.
39. No entry authorized by or under this Act shall be made except between
the hours of sunrise and sunset.
Consent
ordinarily to be
obtained.
40. Save as provided in this Act, no land or building shall be entered
without the consent of the occupier or, if there be no occupier, of the
owner thereof, and no such entry shall be made without giving the
said occupier or owner, as the case may be, not less than twenty -four
hours written notice of the intention to make such entry.
Issue of notice
to show cause
against order
of eviction.
41. (1) If the Board is of the opinion that any persons are in occupation of
any public premises and that they should be evicted, the Board shall
issue in the manner hereinafter provided a notice in writing calling
upon all persons concerned to show caus e why an order of eviction
should not be made.
(2) The notice shall –
(a) specify the grounds on which the order of eviction is proposed
to be made; and
(b) require all persons concerned, that is to say, all persons who
are, or may be in occupation of, or claim i nterest in, the public
premises, -
(i) to show cause, if any, against the proposed order on or before
such date as specified in the notice, being a date not earlier than
seven days from the date of issue thereof, and
(ii) to appear before the Board on the date spe cified in the notice
along with the evidence which they intend to produce in support of
the cause shown, and also for personal hearing, if such hearing is
desired.
(3) The Board shall cause the notice to be served by having it
affixed on the outer door or some other conspicuous part of the
public premises, and in such other manner as may be prescribed,
whereupon the notice shall be deemed to have been duly given to all
persons concerned.
Eviction of
unauthorized
occupants.
42. (1) If, after considering the cause, if any, shown by any person in
pursuance of a notice under section 41 and any evidence produced
by him in support of the same and after personal hearing, if any,
given under clause (b) of sub-section (2) of
21
section 41, the Board is satisfied that the public premises are in
unauthorized occupation, the Board may make an order of eviction,
for reasons to be recorded therein, directing that the public premises
shall be vacated, on such date as may be specified in the order , by
all persons who may be in occupation thereof or any part thereof,
and cause a copy of the order to be affixed on the outer door or
some other conspicuous part of the public premises.
(2) If any person refuses or fails to co mply with the order of eviction on
or before the date specified in the said order or within fifteen days of
the date of its publication under sub -section (1), whicheve r is later,
the Board may, after the date so specified or after the expiry of the
period aforesaid, whichever is later, evict that person from, and take
possession of, the public premises and may, for that purpose, use
such force as may be necessary.
Mode of
recovery of
certain dues.
43. All dues to the Board on account of any charges, costs, expenses,
fees, rates, licence fee, damages or rent or on any other account
under this Act or any rule or regulation made thereunder shall be
recoverable from the person from whom such sum is due as arrears
of land revenue.
Provided that no proceeding for the recovery of any sum under
this section shall be commenced after the expiry of three years from
the date on which such sum becomes due.
Revision.. 44. The Lieutenant Governor may, either suo moto or on an application ,
call for and examine the record of any proceedings or decision or
order passed by the Board for the purpose of satisfying himself as to
the legality or propriety of any decision or order passed, and, if in his
opinion any such decision or order should be modified, annulled or
revised, may, after giving the persons affected thereby an opportunity
of being heard, pass such order thereon as he may deem fit:
Provided that every application to the Lieutenant Governor for the
exercise of the pow ers under this section shall be preferred within
ninety days from the date on which the proceeding, decision or order
to which the application relates was communicated to the applicant.
Appeals.
45. (1)Any person aggrieved by any notice, order or direction
22
issued or given by the Board under this Act, may, within thirty days from
the date of receipt of the notice, order or decision, appeal to the
Lieutenant Governor:
Provided that the Lieutenant Governor may entertain an appeal
after the expiry of the said period of thirty days if he is satisfied that
there was sufficient cause for not filing it within that period.
(2) An appeal to the Lieutenant Governor shall be made in such form
and shall be accompan ied by a copy of the notice, order or direction
appealed against and by such fees as may be prescribed by rules.
(3) The order of the Lieutenant Governor on an appeal under sub -
section (1) shall be final.
4) No appeal shall be decided under this sectio n unless the appellant
has been heard or has had a reasonable opportunity of being heard.
Prohibition of
certain case.
46. No person shall-
(a) willfully obstruct any member of the Board or any person acting
under the authority of the Board in the performance of his duties; and
(b) carry out any development in a notified slum and jhuggie jhopri
basti without obtaining permission of the Board.
Penalties. 47. whosoever:-
(a) obstructs entry of a person authorized by the Board in this behalf in
or upon any land and building for purposes of any enquiry, inspection,
measurement, valuation or survey or to execute any work authorized
by and considered necessary under this Act, shall, on conviction, be
punishable with s imple imprisonment for a term which may extend to
three months, or with fine which may extend to one thousand rupees,
or with both;
(b) contravenes or fails to comply with any other provision of this Act
or of any notice, order or direction issued in pursuance of the
provisions of this Act or the rules and regulations made shall, on
conviction be punishable with simple imprisonment for a term which
may extend to six months, or with fine which may extend to five
thousand rupees, or with both.
23
Prosecution
and trial of
offences.
48. (1) No prExcerpt shown. Open the full act in Lexace.