The DELHI INDUSTRIAL DEVELOPMENT, OPERATION AND MAINTENANCE ACT, 2010

GOVERNMENT OF NATIONAL 
CAPITAL TERRITORY OF DELHI 
THE DELHI INDUSTRIAL 
DEVELOPMENT, 
OPERATION AND MAINTENANCE 
ACT, 2010 
"THE DELHI INDUSTRIAL DEVELOPMENT OPERATION AND 
MAINTENANCE ACT, 2010" 
(DELHI ACT 08 OF 2010) 
(As passed by the Legislative Assembly of the National Capital Territory of Delhi on 
the 30 th  March, 2010) 
[13 th  May, 2010] 
An Act to make special provision for securing the orderly establishment of 
industrial areas, industrial estates and flatted factories complexes in the National 
Capital Territory of Delhi, and to assist generally in the organization, including 
operation and maintenance thereof, and for the purpose to reconstitute and empower 
Delhi State Industrial and Infrastructure Development Corporation Ltd., a company 
incorporated under the Companies Act, 1956 ( 1 of 1956), and for purposes connected 
therewith or incidental thereto. 
BE it enacted by the Legislative Assembly of the National Capital Territory of 
Delhi in the Sixty - first year of the Republic of India as follows:- 
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CHAPTER I  
PRELIMINARY 
1. 	 Short title, extent and commencement.-  (1) This Act may be 
called the Delhi Industrial Development, Operation and Maintenance 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, by 
notification in the official Gazette, appoint. 
2. Definitions.-  In this Act, unless the context otherwise requires,- 
(a) "amenity" includes road, supply of water or electricity, street lighting, 
drainage, sewerage, green cover including plantation of trees and development 
of parks, conservancy and such other convenience as the Government may, by 
notification in the official Gazette specify to be an amenity for the purposes 
of this Act; 
(b) "approved" means approved by the authority having jurisdiction; 
(c) "building" means any structure for whatsoever purpose and of whatsoever 
materials constructed and every part thereof whether used as human habitation 
or not and includes foundation, plinth, walls, floors, roofs, chimneys, 
plumbing and building services, fixed platforms, verandaha, balcony, cornice 
or projection, part of a building or anything affixed thereon or any wall 
enclosing or intended to enclose any land or space and signs and outdoor 
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display structures. Tents, shamianahs, tarpaulin shelter etc. erected for 
temporary and experimental measures with the permission of the Authority 
shall not be considered as building; 
(d) "Collector" means the Deputy Commissioner of a revenue area of Delhi, and 
includes any officer specially appointed by the Government to perform the 
functions of a Collector under this Act; 
(e) "Corporation" means the Delhi State Industrial and Infrastructure 
Development Corporation Ltd., a company incorporated under the provisions , 
of the Companies Act, 1956 (1 of 1956); 
(f) "Delhi" means the National Capital Territory of Delhi; 
(g) "development" with its grammatical variations, means the carrying out, of 
building, engineering, quarrying or other operations in, or over or under land, 
or the making of any material change in any building or land and includes 
redevelopment, but does not include mining operations; and 'to develop' shall 
be construed accordingly; 
(h) "engineering operations" include the formation or laying out of means of 
access to a road or the laying out of means of water supply, drainage and 
sewerage, construction, operation and maintenance of common Effluent 
Treatment Plants, or laying out of means of supply of electricity, street 
lighting, plantation of trees and development of parks, conservancy and such 
other operation as the Government may, by notification in the official Gazette 
specify to be an engineering operation for the purpose of this Act; 
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(i) "flatted factories complex" means any site selected and notified by the 
Government, where the Corporation builds flatted factories and other 
buildings and makes them available for any industries or class of industries or 
any existing flatted factories complex included in Part-B of the Schedule; 
(j) "Government" means the Lieutenant Governor of the National Capital 
Ten-itory of Delhi appointed by the President under Article 239 and 
designated as such under Article 239AA of the Constitution; 
(k) "industrial area" means any area declared to be an industrial area by the 
Government by notification in the official Gazette, whether already 
developed or is to be developed for the purpose of accommodating industrial 
units; 
(I) "industrial building" include any building or part of building or structure, in 
which products or materials of all kinds and properties are fabricated, 
assembled or processed, refineries, mills, dairies, factories, etc; 
(m)"industrial estate" means any site selected and notified by the Government, 
where the Corporation builds factories and other buildings and makes them 
available for any industries or class of industries or any existing industrial 
estate or area included in Part A of the Schedule; 
(n) "land" the expression land shall have the meaning respectively assigned to it 
in section 3 of the Land Acquisition Act, 1894(1 of 1894); 
(o) "Lieutenant Governor" means the Administrator of the National Capital 
Territory of Delhi appointed by the President under article 239 of the 
Constitution; 
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(p) "means of access" includes a road or any means of access, whether private or 
public, for vehicles or for foot passengers, every building / plot shall abut on a 
public / private means of access like streets / roads duly formed; 
(q) "person interested" shall have the meaning assigned to it in section 3 of the 
Land Acquisition Act, 1894 (1 of 1894); 
(r) "premises" means any land or building or part of a building and includes- 
(i) the garden, grounds and out-houses, if any, appertaining to such 
building or part of a building; and 
(ii) any fitting affixed to such building or part of a building for the 
more beneficial enjoyment thereof; 
(s) " prescribed" means prescribed by rules made under this Act; 
(t) "regulations" means regulations made by the Corporation under this Act; 
(u) "Schedule" means the Schedule appended to this Act. 
CHAPTER - II 
EMPOWERMENT OF THE CORPORATION AND ITS 
FUNCTIONS UNDER THIS ACT 
3. Empowerment.-  For the purpose of securing and assisting in the rapid and 
orderly establishment and organisation of industries in industrial areas, 
industrial estates and flatted factories complexes and for operation and 
maintenance of industrial areas, industrial estates and flatted factories 
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complexes in Delhi, the Corporation shall, after the commencement of this 
Act, be empowered by the Government by notification in the official Gazette 
and by such amendments to the Memorandum of Association of the 
Corporation as may be necessary. 
4. Functions.-  The functions of the Corporation shall be- 
(I) 	 generally to promote and assist in the rapid and orderly establishment, 
growth and development of industries in Delhi, and 
(ii) 	 in particular, and without prejudice to the generality of clause (i) ,to- 
(a) establish, operate, maintain and manage industrial estates at 
place selected and notified by the Government including the 
existing industrial areas, industrial estates and flatted factory 
complexes being maintained by the Municipal Corporation of 
Delhi constituted under section 3 of the Delhi Municipal 
Corporation Act, 1957 (66 of 1957). All industrial estates/ 
areas of Delhi will stand transferred to the Corporation for this 
purpose within prescribed time frame; 
(b) develop industrial areas selected and notified by the 
Government for the purpose and make them available for 
undertakings to establish themselves; 
(c) build, flatted factories complexes at sites selected and notified 
by the Government for the purpose and make them available 
for any industries and class of industries; 
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(d) redevelopment of clusters of industrial concentration in non-
conforming areas identified and notified for redevelopment by 
the Government; 
(e) undertake schemes or works, either jointly with other corporate 
bodies or institutions, or with Government or local authorities, 
or on an agency basis, in furtherance of the purposes for which 
the Corporation is established and all matters connected 
therewith; 
(0 	 all functions listed in the objects clause of the Memorandum of 
Association of the Corporation; 
(g) any other function as the Government may, by notification in 
the official Gazette and by such amendments to the 
Memorandum of Association of the Corporation as may be 
necessary, prescribe for the purposes of this Act; 
(h) the Corporation shall make such amendments to the 
Memorandum of Association as may be necessary to 
incorporate the functions under this section which are not part 
of the Memorandum of Association. 
5. 	 General Powers of the Corporation.-  Subject to the 
provisions of this Act, the Corporation shall have power - 
(a) 	 to acquire and hold such property, both movable and immoveable as 
the Corporation may deem necessary for the performance of any of its 
functions under section 4 and to lease, sell, exchange or otherwise 
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transfer any property held by it on such conditions as may be 
prescribed by the Government; 
(b) to provide or cause to be provided amenities and common facilities in 
industrial estates, industrial areas and flatted factories complexes and 
construct and maintain or cause to be maintained works and buildings 
therefor; 
(c) to construct buildings for the housing of the employees of such 
industries; 
(d) to allot factory sheds, industrial plots or such buildings or parts of 
buildings, including residential tenements to suitable persons in the 
industrial areas, estates and flatted factories complexes established or 
developed by the Corporation in terms of the allotment policy 
prescribed by the Government; 
(e) to modify or rescind such allotments as provided in clause (d) above 
including the right and power to evict the allottees concerned on 
breach of any of the terms or conditions of their allotment in terms of 
the policy guidelines prescribed by the Government; 
(f) to constitute advisory committee to advise the Corporation; 
(g) to engage suitable consultants or persons having special knowledge or 
skill to assist the Corporation in the performance of its functions; 
(h) subject to the previous permission of the Government to delegate any 
of its powers generally or specially to any of its committee or officers 
and to permit them to redelegate specific powers to their subordinates; 
(1) 	 to enter into and perform all such contracts as it may consider 
necessary or expedient for carrying out any of its functions; and 
(1) 	 to recover development charges from the individual industries and 
beneficiaries located in the clusters of industrial concentration for 
which redevelopment is undertaken by the Corporation; 
(k) 	 to do such other things and perform such acts as it may think necessary 
or expedient for the proper conduct of its functions and the carrying 
into effect the purposes of this Act. 
6. Power to levy service charges.-  Notwithstanding anything 
contained in any contract or in any law for the time being in force, it shall be 
lawful for the Corporation to levy fees or service charges to cover its expenses 
on maintenance of roads, drainage, water-supply, construction, operation and 
maintenance of Common Effluent Treatment Plants (CETPs) and such other 
services and amenities as may be provided by it, including provision of street 
lighting, at such rates as may be prescribed by the Government, from time to 
time. Such fees or charges may be levied on the plot holders or other persons 
receiving benefit of the services or amenities. 
7. Directions by the Government.-  The Government may issue to the 
Corporation such general or special directions as to policy as it may think 
necessary or expedient for the purpose of carrying out the purposes of this 
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Act, and the Corporation shall be bound to follow and act upon such 
directions. 
CHAPTER — III 
FINANCE, ACCOUNTS AND AUDIT 
8. Creation of Industrial Development, Operation and 
Maintenance Fund.- (1) The Corporation shall have and maintain a 
fund known as the "Industrial Development, Operation and Maintenance 
Fund" (here in after referred to as "Fund") for the discharge of its functions 
under this Act, to which shall be credited - 
(a) all monies received by the Corporation from the Government by way of 
grants, subventions, loans, advances or otherwise; 
(b) all fees, costs and charges received by the Corporation under this Act; 
(c) ground rent collected with effect from the date on which this Act comes 
into effect from industrial plots and sheds by the Delhi Development 
Authority constituted under the Delhi Development Act, 1957 (61 of 
1957), the Corporation and the Industries Department of the Government; 
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(d) all monies received by the Corporation from the disposal of lands, 
buildings and other properties movable and immovable, as may be 
prescribed; 
(e) all monies received by the Corporation by way of rents and profits or n 
any other manner or from any other source as may be prescribed. 
(2) All monies received with effect from the date on which this Act comes 
into effect from conversion of industrial plots and sheds from leasehold to 
freehold by the Industries Department of the Government, Delhi Development 
Authority constituted under the Delhi Development Act 1957 (61 of 1957) 
and the Corporation. 
9. Application of the Fund.-  The Corporation shall have the authority to 
spend such sums from the Fund for the purposes as may be prescribed. 
10. Grants, subventions, loans and advances to the 
Corporation.-  The Government may, after due appropriation made by 
the Legislative Assembly of Delhi by law in this behalf, make such grants, 
subventions, loans and advances to the Corporation as it may deem necessary 
for the performance of the functions of the Corporation under this Act; and all 
grants, subventions, loans and advances made shall be on such terms and 
conditions as the Government may, after consulting the Corporation, 
determine. 
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11. Budget and programme of work.- 	 (1) The Corporation 
shall, by such date in each year as may be prescribed, prepare and submit to 
the Government for approval an annual financial statement and the 
programme of work including operation and maintenance of industrial areas, 
industrial estates and flatted factories complexes for the succeeding financial 
year. 
(2) The annual financial statement shall show the estimated receipts and 
expenditure during the succeeding financial year in such form and detail as I 
may be prescribed. 
(3) The Corporation shall be competent to make variations in the 
programme of work in the course of the year provided that all such variations 
and reappropriations out of the sanctioned budget are brought to the notice of 
the Government by a supplementary financial statement. 
12. Accounts and audit.-  (1) The Corporation shall maintain separate 
bank account and books of account and other books in respect of the Fund in 
relation to its business and transactions in such form, and in such manner, as 
may be prescribed. 
(2) 	 The accounts of the Corporation maintained under this Act shall be 
audited by the auditor appointed in accordance with the provisions of sub-
section (3) of section 19 of the Comptroller and Auditor-General's (Duties, 
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Powers and Conditions of Service) Act, 1971 (56 of 1971) or by any other 
auditor appointed by the Government. 
(3) As soon as the accounts of the Corporation are audited, the 
Corporation shall send a copy thereof together with the copy of the report of 
the auditor thereon to the Government for laying it in the Legislative 
Assembly of Delhi. 
13. Concurrent and special audit of accounts.- 
(1) Notwithstanding anything contained in the last preceding section, the 
Government may order that there shall be concurrent audit of the accounts of 
the Corporation by such person as it thinks fit. The Government may also 
direct a special audit to be made by such person as it thinks fit of the accounts 
of the Corporation relating to any particular transaction or class or series of 
transactions or to a particular period. 
(2) When an order is made under sub-section (1), the Corporation shall 
present or cause to be presented for audit such accounts and shall furnish to 
the person appointed under sub-section (1) such information as the said person 
may require for the purpose of audit. 
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CHAPTER - IV 
APPLICATION OF THE PUBLIC PREMISES 
(EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 
1971 TO CORPORATION PREMISES  
14. Application of the Public Premises (Eviction of 
unauthorized occupants) Act, 1971 to Corporation 
premises.-  (1) The Government may, by notification in the official 
Gazette, provide from such date as is stated therein that the Public Premises 
(Eviction of unauthorized occupants) Act, 1971 (40 of 1971) shall apply to 
premises belonging to, vesting in, or leased by, the Corporation as that Act 
applies in relation to Government premises, but subject to the provisions of 
sub-section (2). 
(2) 	 On a notification being issued under sub-section (1), the aforesaid Act 
and the rules made thereunder shall apply to premises of the Corporation with 
the following modifications, that is to say:- 
(a) the Government shall appoint an officer who is holding or has held 
office whether under the Government or the Corporation, which in 
the opinion of the Government is not lower in rank than that of a 
Sub-Divisional Magistrate or an Executive Engineer, to be the 
competent authority for the purposes of the aforesaid Act and one 
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or more officers may be appointed as competent authorities for 
different areas or for the same area; 
(b) references to "public premises" in that Act and the rules shall be 
deemed to be references to premises of the Corporation. 
CHAPTER V 
UNUTILISED SURPLUS LANDS IN INDUSTRIAL AREAS ,  
15. Acquisition of unutilized surplus lands in industrial areas 
and allotment to other industries. -(1) With a view to ascertaining 
whether any industrial area, industrial estate or flatted factories complex 
developed by the Corporation originally or any other Government agency in 
the past or non-conforming clusters having industrial concentration notified 
by the Government for redevelopment has been fully utilized for industrial 
purposes or not, the Government may direct the Corporation to submit to it a 
six-monthly report containing the following information in respect of such 
area, namely- 
(a) 	 the total number of plots or flats and the area of each plot or 
flat in the industrial area, industrial estate or flatted factories 
complex, as the case may be; 
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(b) the number of plots or flats allotted to the plot or flat holders 
and the number of plots or flats, as the case may be, still in 
possession of the Corporation; 
(c) the date on which possession of each plot or flat was delivered 
to the plot or flat holder, the period for which the plot or flat is 
allotted and the premium or rent paid or payable by the plot or 
flat holder; 
(d) unutilized buildable area in each plot, having due regard to the 
building regulations of the Corporation or the local authority 
concerned within whose jurisdiction the industrial area or 
industrial estate is situated; 
(e) how much unutilized area of each plot is capable of sub-
division and whether the unutilized area can be utilized for 
accommodating another industry, after sub-division; 
(fl 
	 the period for which the area of any plot (whether whole or 
part) remained unutilized from the date of delivery of 
possession to the plot holder and the reasons therefor as stated 
by the plot holder. 
(2) 	 Upon receipt of such directions, the Corporation shall issue notices to 
the plot holder, in the industrial area or industrial estate calling upon them to 
furnish to it the information in the prescribed form and when so called upon 
each plot holder shall be bound to furnish true and correct information 
required within one month from the date of receipt of such notice by him/her. 
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(3) 	 For the purpose of enabling the Corporation to determine whether 
there is any unutilized portion of any plot in the industrial area or estate and 
whether such portion is capable of sub-division so as to make it useful for 
accommodating any other industry after sub-division, it shall be lawful for any 
officer of the corporation either generally or specially authorized by it in this 
behalf, and for his servants and workmen, at all reasonable hours - 
(i) 
	 to enter upon and survey the plot; 
(ii) to set out the boundaries of the unutilized portion of the plots; 
and 
i) 	 to do all other acts necessary for the purposes aforesaid. 
(4) 	 if upon the report submitted by the Corporation, the Government is 
satisfied that any plot holder has not utilized the maximum buildable 
area of his plot for a period of seven years or the period fixed by the 
Government from time to time from the date on which possession of 
the plot was delivered to him by the Corporation and the unutilized 
portion is capable of sub-division so as to make it useful for 
accommodating any other industry, the Government may, 
notwithstanding anything contained in any contract or in any law for 
the time being in force before the expiry of such period from the date 
of receipt of such report as may be prescribed, issue to the plot holder 
and all other persons interested in the plot notices to show cause why 
such unutilized portion should not be acquired for the purpose of being 
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(5) 
utilized for accommodating another industry. The Government shall 
also cause public notices to be given in the manner laid down in 
section 24. 
When any such notice is issued, the Government shall give a 
reasonable opportunity of being heard to the plot holder and other 
persons interested in the plot and it shall be open to the plot holder or 
any other persons interested in the plot to appear and object to such 
acquisition on the ground that the unutilized portion is required by the 
plot holder himself for the purpose of immediate expansion of his own 
industry and that he has already taken effective steps for utilizing such 
portion. 
Explanation.- For the purposes of this sub-section, the expression 
"effective steps" shall mean the following steps, namely :- 
(i) the plot holder has prepared the necessary project report in 
respect of the proposed expansion of his industry indicating the 
requirements of such expansion; and 
(ii) (a) 	 the plot holder has obtained, whenever necessary, letter 
of intent or industrial licence or has got acknowledgement of 
Industrial Entrepreneurial Memorandum from the Government 
of India as required under the Industrial (Development and 
Regulation) Act, 1951 (LXV OF 1951); or 
(b) 	 the plot holder has completed the negotiations with 
financial institutions for raising the required finance and sixty 
( 
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c (12-r 
percent or more of the capital requirements for such expansion 
have been subscribed in the case of the company which has to 
go in for public issue where applicable; or 
(c) 	 the plot holder has placed a firm order for purchase of 
at least fifty percent of the plant and machinery required for the 
purpose of expansion. 
(6) 	 If after giving a reasonable opportunity of being heard, the 
Government is satisfied that the holder of the plot has failed to utilize 
or is not likely to utilize the unutilized portion for industrial purposes 
within a reasonable period, and such unutilized portion can be used for 
accommodating another industry, the Government may, 
notwithstanding anything contained in any contract or in any law for 
the time being in force for the purpose of enabling the Corporation to 
properly discharge its functions of promoting rapid growth and 
development of industries by accommodating another industry on 
such unutilized portion, acquire the land of such portion by publishing 
in the official Gazette, a notice specifying the purpose for which the 
land is required, and stating therein, that the Government had decided 
to acquire the land in pursuance of this section. When such a notice is 
published in the official Gazette, the land shall, on and from the date 
of such publication, vest absolutely in the Government, free from all 
encumbrances. 
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Where any land is vested in the Government under the last preceding 
sub-section, the Government may, by notice in writing, order any 
person who may be in possession of the land to surrender or deliver 
possession thereof to the Government or any person duly authorized 
by it in this behalf within thirty days of the service of the notice. 
If any person refuses or fails to comply with an order made under the 
last preceding sub-section, the Government may take possession of the 
land, and may for that purpose use such force as may be necessary. 
Where any land is acquired by the Government under this section, the 
Government shall pay for such acquisition an amount, which shall as 
far as possible, be determined in accordance with the provisions of the 
Land Acquisition Act, 1894 (1 of 1894): 
Provided that the amount to be awarded and paid shall not in 
the case of a premium lease exceeds the proportionate amount of 
premium paid by the plot holder or his predecessor-in-title claiming 
under the Corporation in respect of the land so acquired, with interest 
thereon at six percent per annum from the date of payment of the 
premium, and where the lease is a rental lease, the amount to be 
awarded shall not exceed an amount equal to five times the net average 
yearly proportionate rent payable by the plot holder to the Corporation 
in respect of the land so acquired. 
/al 
(7)  
(8)  
(9)  
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CHAPTER VI  
SUPPLEMENTARY AND MISCELLANEOUS PROVISIONS 
16 	 Government lands.-  (1) For the furtherance of the objects of this Act, 
the Government may by notification published in the official Gazette, upon 
such conditions as may be agreed upon between the Government and the 
Corporation, place at the disposal of the Corporation any lands vested in the 
Government. 
(2) After any such land has been developed by, or under the control and 
supervision of, the Corporation, it shall be dealt with by the Corporation in 
accordance with the regulations made, and directions given by the 
Government in this behalf 
(3) If any land placed at the disposal of the Corporation under sub-section 
(1) is required at any time thereafter by the Government, the Corporation shall 
replace it at the disposal of the Government upon such terms and conditions as 
may be mutually agreed upon. 
17 Powers of the Corporation in case of certain defaults by  
owner of land in industrial area, etc.-  (1) If the Corporation after 
holding a local inquiry, or upon report from any of its officers or other 
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information in its possession, is satisfied that the owner of any land in an 
industrial area or industrial estate has failed to provide any amenity in relation 
to the land which, in the opinion of the Corporation ought to be provided or to 
carry out any development of the land for which penniss on has been obtained 
under this Act, the Corporation may serve upon the owner 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 such amenity is not provided or any such development is not 
carried out within the time specified in the notice, then, the Corporation 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 
Corporation shall afford reasonable opportunity to the owner of the land to 
show cause as to why such action should not be taken. 
(3) All expenses incurred by the Corporation or the agency employed by it 
in providing the amenity or carrying out the development together with 
interest, at such rate as the Government may by order fix, from the date when 
a demand for expenses is made until payment, shall be recoverable by the 
Corporation from the owner. 
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18 Penalty for construction or use of land and buildings  
contrary to terms of holding.-  (1) Any person who whether at 
his own instance or at the instance of any other person undertakes or carries 
out construction of or alterations to any building in an industrial estate or 
industrial area or flatted factories complex contrary to the terms under which 
he holds such building or land under this Act shall, on conviction, be punished 
with fine which may extend to ten thousand rupees, and in the case of a 
continuing contravention, with a further fine which may extend: to five 
hundred rupees for every day during which such offence continues after 
conviction for the first commission of the offence. 
(2) 	 Any person who uses any land or building in an industrial estate or 
industrial area or flatted factories complex contrary to the terms under which 
he holds such land or building under this Act or in contravention of the 
provisions of any regulations made in this behalf shall, on conviction, be 
punished with fine which may extend to five thousand rupees and in case of 
continuing contravention with a further fine which may extend to five hundred 
rupees for every day during which such offence continues after conviction for 
the first commission of the offence. 
19 	 Power to lay pipe lines, etc.-  (1) (i) Within any area taken up 
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for development under clause (b) of section 5, the Corporation, and 
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(ii) 	 for the purposes of (a) carrying gas, water or electricity from a source 
of supply to, or (b) constructing any sewers or drains necessary for carrying 
off the workings and waste liquids of an industrial process through, any 
intervening area, any person empowered in this behalf by the Government by 
notification in the official Gazette ( hereinafter in this section referred to as 
"the authorized person"), may lay down, place, maintain, alter, remove or 
repair any pipe lines, conduits, supply or service lines, posts or other 
appliances or apparatus in, on, under, over, along or across any land in such 
areas. 
(2) The Corporation or the authorized persons may at any time enter upon 
any land in any such area and in such event the provisions of section 
20 shall mutatis mutandis apply. 
(3) While exercising the powers conferred by sub-section (1), the 
Corporation or the authorized person shall- 
(i) where the land affected is a street, bridge, sewer, drain or 
tunnel, comply mutatis mutandis with the relevant provisions 
of the Gas Companies Act, 1863 (V of 1863), notwithstanding 
the fact that the Act is not in force in the area or that the 
Government has not issued a notification extending such 
provisions to such land, 
(ii) cause as little damage as possible to the premises, 
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and the full compensation to all persons entitled for any damage 
sustained by them in consequence of the exercise of such power as 
aforesaid shall be paid, as the case may be, by the Corporation or, in 
the case of the authorized person, by the Government. 
(4) Nothing herein shall authorize or empower the Corporation or the 
authorized person to lay down or place any pipe or other works into, 
through or against any building or in any land not dedicated to public 
use without the consent of the owners and occupiers thereof, except 
that the Corporation or such person may at any time enter upon and lay 
or place any new pipe in the place of an existing pipe in any land 
wherein any pipe has been already lawfully laid down or placed in 
pursuance of this Act, and may repair or alter any pipe so laid down: 
Provided that nothing in the aforesaid provisions shall he 
construed to mean that the Corporation or other person is forbidden 
from having the said land acquired at any time by the Government in 
the normal course. 
(5) Nothing contained in this Act or any rule or regulation made 
thereunder shall have effect in so far as it is inconsistent with any of 
the provisions of the Electricity Act, 2003 (36 of 2003). 
20. Powers of entry.-  Any officer of the Government, any member of the 
Corporation, and any person either generally or specially authorized by the 
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Corporation in this behalf, may enter into or upon any land or building with or 
without assistants or workmen for the purpose of- 
(a) making any inspection, survey, measurement, valuation or enquiry or 
taking levels of such land or buildings; 
(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) marking such levels, boundaries and lines by placing marks and 
cutting trenches; 
(1) 	 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; 
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. 
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21. Officers of the Corporation may be vested with other 
powers.- The Government may by notification in the official Gazette, 
nominate any officer of the Corporation to be a controller or licensing 
authority under any law for the time being in force relating to the procurement 
or distribution of any commodity in respect of the industrial undertakings 
established or to be established in the industrial estates or industrial areas or 
flatted factories complexes entrusted to or developed by the Corporation and 
no such nomination shall be called into question merely on the ground that 
such officer is not an officer of the Government. 
22. Recovery of sums due to the Corporation as arrears of land 
revenue.-  All sums payable by any person to the Corporation or 
recoverable by it by or under this Act and all charges or expenses incurred in 
connection therewith shall, without prejudice to any other mode of recovery, 
be recoverable as an arrear of land revenue on the application of the 
Corporation. 
23. Service of notices, etc.-  (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- 
28 
Cl ((6 
(a) where the person to be served is a company, the service is effected 
in accordance with the provisions of section 51 of the Companies 
Act, 1956 (lof 1956); 
(b) where the person to be served is a firm, if the document is 
addressed to the firm 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 under a certificate of posting or by registered post; or 
(ii) left at the said place of business; 
(c) where the person to be served is a statutory public body or a 
corporation or a 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 under a certificate of posting or by registered post; or 
(ii) left at that office; 
(d) in any other case, if the documents 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 or is given or tendered to some adult member of his 
29 
family or is affixed on some conspicuous part of the land or 
building to which it relates, or 
(iii) is sent under a certificate of posting or by registered post to 
that person. 
(2) 	 Any document which is required or authorized to be served on the 
owner or occupier of any land or building may be addressed "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 
given or tendered 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 the firm in accordance with this 
section, the document shall be deemed to be sewed on each partner. 
(4) 	 For the purpose of enabling any document to be served on the owner 
of any property, the occupier (if any) of the property may be required 
cf ff 
30 
C 	 ti 
by notice in writing by the Government or the Corporation, as the case 
may be, to state the name and address of the owner thereof. 
24. Public notices how to be made known.-  Every public 
notice given under this Act or any rule or regulation made there under shall be 
in writing over the signature of the officer concerned and shall be widely 
made-known in the locality to be affected thereby affixing copies thereof in 
conspicuous public places, within the said locality, or by publishing the same 
by beat of drum or by advertisement in a local newspaper, or by any two or 
more of these means, and by any other means that the officer may think fit. 
25. Notices, etc., to fix reasonable time.-  where any notice, 
order or other document issued or made under this Act or any rule or 
regulation made there under 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 reasonable period of time for doing the same or 
complying therewith. 
26. Furnishing of returns, etc.-  (1) The Corporation shall furnish to the 
Government such returns, statistics, reports, accounts and other information 
with respect to its conduct of affairs, properties or activities or in regard to any 
proposed work or scheme as the Govemment may from time to time require. 
(2) 	 The Corporation shall in addition to the audit report referred to in 
section 12 furnish to the Government an annual report on its working as soon 
31 
p 
as may be, after the end of each financial year in such form and detail as may 
be prescribed and a copy of the annual report shall be placed before the 
Legislative Assembly of Delhi as soon as may be after it is received by the 
Government. 
27. Withdrawal of area or estate or part thereof-  where the 
Government is satisfied that in respect of any particular industrial estate or 
industrial area, or any part thereof, the purpose for which the Corporation was 
empowered under this Act has been substantially achieved so as to render the 
continued existence of such estate or area or part thereof under the 
Corporation unnecessary, the Government may, by notification in the official 
Gazette, declare that such industrial estate or industrial area or part thereof has 
been removed from the jurisdiction of the Corporation. The Government may 
also make such other incidental arrangements for the administration of such 
estate or area or part thereof as the circumstances necessitate. 
28. Authority for prosecution.-  Unless otherwise expressly provided, no 
Court shall take cognizance of any offence relating to property belonging to, 
or vested by or under this Act in, the Corporation, punishable under this Act, 
except on the complaint of, or upon information received from, the 
Corporation or some person authorized by the Corporation by general or 
special order in this behalf. 
32 
C ((it 
29. Compositions of offences by Corporation.-  (1) The Corporation 
or any person authorized by the Corporation by general or special order in this 
behalf may, either before or after the institution of the proceedings, compound 
any offence made punishable by or under this Act. 
(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. 
30. Offences by companies.-  (1 )Whenever an offence under this Act has 
been committed by a company, every person who at the time the offence was 
committed was in charge of , or 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 under this Act if he proves that the 
offence was committed without his knowledge and 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 
33 
C /ll l  
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 purposes of this section- 
(a) firm or other "company" means any body corporate, and includes a 
(b)  
31. Penalty for obstruction.-  Any person who obstructs the entry of a 
person authorized under section 20 to enter into or upon any land or building 
or molests such person after such entry or who obstructs the lawful exercise 
by him of any power conferred by or under this Act shall, on conviction, be 
punished with imprisonment for a term which may extend to six months, or 
with fine which may extend to one thousand rupees, or with both. 
32. Power to make rules.-  (1) The Government after consultation with the 
Corporation in regard to matters concerning it, may, by notification in the 
official Gazette, make rules to carry out the purposes of this Act. 
(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- 
association of individuals; and 
"director", in relation to a firm, means a partner in the firm. 
34 
c /0 0 
(a) under section 4 to entrust other functions to the Corporation; 
(b) to prescribe the conditions to lease, sell, exchange or otherwise 
transfer property held by the Corporation under clause (a), to 
prescribe allotment policy under clause (d) and to prescribe policy 
guidelines to evict the allottees concerned under clause (e) of 
section 5; 
(c) to prescribe fees and charges to be levied for providing services 
and amenities including street lighting services under section 6; 
(d) under section 8, components of industrial development operation 
and maintenance fund; 
(e) to prescribe purposes for which the sums from the Fund may be 
spent by the Corporation; 
(f) under section 11, the date by which the annual financial statement 
and programme of work shall be submitted by the Corporation to 
the Government and the form and manner of preparing such 
statement; 
(g) under section 12, the form and manner of maintaining accounts; 
(h) to prescribe period after which notice to show cause may be issued 
to the plot holder to acquire unutilised portion of the plot under 
section 15; 
(i) under section 26, the form of, and the details to be given in the 
annual report; 
(j) the fees which may be charged by the Corporation; 
35 
C o9 
(k) any other matter which has to be, or may be, prescribed by rules. 
(3) 	 Every rule made under this Act shall be laid, as soon as may be after it 
is made, before the House of the Legislative Assembly of Delhi while it is in 
session, for a total period of thirty days which may be comprised in one 
session or two or more successive sessions, and if, before the expiry of the 
session immediately following the sessions or the successive sessions 
aforesaid, the House agrees in making any modification in the rule or the 
House agrees that the rule should not be made,

Excerpt shown. Open the full act in Lexace.

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