-····

~lf. ~-~.-'-33002/99 \:fml' ~ GOVERNMENT OF INDIA

~

EX1RAORDJNARY

~ ~ tli$11'\>ld

PUBliSHED- BY AUTHORITY

'f{, 84]

No. 84]

~. ~. ~ 31, 2010~ 10,1932

~~LHI, MONDAY, MAY 31, 20101JYAISTHA 10, 1932

[ u:n:n.¥.-ft{. li. s2 (N.C.T.D. No. 52

cq'(1f-JV

PART--IV

~~~- a);r, ~lmm" GOVERNMENT OF ntE NATIONAL CAPITAL TERRITORY OF DELIB

~~'qCR~

aif~H{'iQ"II~

~.31 ~.2010 ...._

~. "tfiT. 5(16)/2003/'IJ.:Cf 'q',;mm;f/3478.-~

~. '11f«T-mcrnqft~ 1 ~. 1970 qft ~ "B. <ilf.3T[. !57~ mq -qfTcr "ifr ~an~. 1894

( 1894 <ill I) qft "1m j ofi" m (~) -q. afffif&a "1P1 "ct ~'!:ll q;-~ -q$ ~~ ahl, ~-~ <t d4(fRNi~, ~~~'Wu~ f"1Gtf~f@d ~

en) ~ ";fllJ <t ~ afffif&d ~ liirt-ft 'lfi m~ wur~ct~~ am:~·tgm 41t4JI#ot qft "Rlf2l ~ am f.srffi ~'14m. q;- ~ -q ~ ~ t:- •·

(~)-03

LAND AND Bun..DING DEPARTMENT

NOTIFICATIONS

Delhi, the 31st May, 20 10

No. F. 5(16)/2003/L&B/Admn./3478.-In pursuance of the provisions contained in clause (d) of

2061 DG/2010

Section 3 of the Land Acquisition Act, 1894 read with the Government of India, Ministry of Home Affairs No. S. 0. 157 dated the 1st January, 1970, the Lt. Governor ofthe National Capiuf1 Territory of Delhi is please/:1 to appoint the

~ . - .. . . --following officer of Delhi Higher Judi'¥al Service as Additional District Judge, with effect from the date he takes over the charge, for trial and disposal of Land Acquisition Cases with jurisdiction indicated against his name :-

(l)

Sl. Name of Officer Civil District No.

1. Mr.SureshKumarGupta (East)-03

-«. '15T. 7(3a);o7 l"t ?!(' ~.1'1-"l,ar.~; 3492.-~ ~ ct a4<M41~ <iiT <15 • m t ~ <ij(~"'f~41 ~ "Cl!i 'E414"1f::tc:tt ~ "tj{ m<fiT( E:RT Rttft ~ Gilt GRT ~ ~ ~ <t f.:r:lfoT ~· ~ ~ ~ iiiR1

t 1 am:~~ "?.16 Oif~ f.f;<:n \5I'Rn t 1%" RAfi!lf&a ~if~q;yacm~~~~~;;;w:rrt 1

~~~an~~. 1894 qft tmr 6 ct ~~ 3l~ ~~ct ft;JQ:~qft "ffifi t, ~ ~ ~ ~ ~. 1894 Cfft !WJ 4 ~ okrfa a:ff~ ~~~. 7(33)/071'11:. q '1./.,.31".~11690 ~ 3-'-()5-2010 cf;~Cift""'J'~t alRO<R! ~ qft 1:lro7 ct ~;,f) 3llft;r~~ '1fP. ~~(~~IF~)

...

DELHI G~tTE : EXTRAORDINARY [PART IV

Cfit OcRr ~ em atftlilt$~1 rt ~· ~ ~ <t ~ ~ "ID'UFfW ~~·I .

'lftr"ct~q;r ~~ct ~ ~· ~ (O'iR-~) ;t ~ 1l ~ ~ lRitiT t I

~~

'llfcrCfiT;;rtf ~~ ~-;f. ~ (~-~- ( oftt«-f.R:cn-~) ~)

3tCfiiiH!i< ~ 0-14-8 38//412 0 14-8

No. F. 7(33)/07/L & B/LA/DJB/3492.-Whereas the Lt. Governor, Delhi is satisfied that land is required to be taken by Government at the public expense for a public purpose namely ·for construction of Sewage Pumping Station by Delhi Jal Board. It is hereby notified that the land in the locality described below is reciuired for the above purpose.

This :iedaration is made under the provisions of Section 6 ofthe Land Acquisition Act, 1894 in·respect of the land notified uJs 4 ofL.A. Act, 1894 vide Notification No. F. 7(33)/07/L & B/LA/DJB/1690 dated 3-5-2010 to all whom it may concern. Under the provisions of Section 7, of the said Act, the Land Acquisition Collector (North­West), Delhi is hereby directed to take orders for the acquisition of the said land.

A plan of the "!and may be inspected at the office of the Land Acquisition Collector {North-West), Delhi.

Village

Akbar pur Majra

SPECJFICATION

·Total Area Khasra (Bigha-Biswa- No. Biswansi)

0.14-8 38//4(2

Area (Bigha-Biswa­Biswansi)

0-14-8

~.1iil. 7(33)107 J"t_. cr 'tfJ"t_.at.;g~iihit; 3493.-~ ~ a:rNf.r.ltr, 1894 qft ~ 17 qft~

<t) cts:m~~cnrm~~~ct aqw""N•~ ~ m~ ~com-~),~ em~ F$T ~ t fcn tt '"5'ERI ~ qft "lRl 9 qft ~- "lRT ( I ) ct ~ ~ ~..; )fCfi1lR '<t 1s m ifft ~ '1\ ~ ~ ~ ~ <ii\ ~ ~ ~ ~ atN~-<:j"11 ~ 7(33)107/~ cr '1t/1l:at.t~T~l1690 ~ 3-5-2010 <i>1 mu

4 ~~~- 7(33)/07/1l:Cf 1=f./'l3l.~/3492 ~ 31-5-2010 mu6-q~~3llt 1

~~l$f~<t d4W'<NI~ ct a:JTW ~ ~ i.;ct ';jltf 'I:R:,

fcr-t<r ~. ~ ~ No. F. 7(33)/07/L & BILA/DJB/3493.-ln exercise

ofthe powers conferred by sub-section (I) of Section 17 of the Land Acquisition Act, 1894, the Lt Governor, Delhi

is pleased to direct the Land Acquisition Collector, (North­West) ; Delhi to take possession oflaod the specification which is given in the Notification No. F. 7(33)107/L & BILAJ DJB/1690dated3-5~2010underSection4an~No.F. 7(33)/ 67/L&BILAIDJB/3492dated31-S-20l<TunderSection6of the said Act on expiry of 15 days from publiCation of the notice under sub-section (1) of Section 9 of the said Act.

By Order and in the Name of the Lt. Governor of the National Capital Territory of Delhi,

VINAY KUMAR, Addl. Secy.

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I ~' _,f .. PART IV] DELHI GAZETTE : EXTRAORDINARY 3

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I I

4 DELIU GAZETI'E : EXTRAORDINARY [PART IV .

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. . 12 DELHI GAZETTE : EXTRAORDINARY [PART IV .

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DEPARTMENT OF LAW, JUSTICE AND LEGISLATIVE AFFAIRS

NOTIFlCATION

Delhi, the3IstMay,20IO

No. F. 14(18)/LA-2007/LC Law/217.-The following Act ofthe Legislative Assembly of the National Capital Territory of Delhi received the assent of the President of India on 13th May, 2010 and is hereby published for general information :-

~ DEIBI URBAN SHELTER IMPROVEMENT BOARD ACT, 2010

·(Delhi Act 07 of20l0)

(As passed by the Legislative Assembly of the National Capital Territory ofDelhi on the I st April, 2010.)

[I3thMay,20IO]

An Act to provide for the establishment ofThe Delhi Urban Shelter Improvement Board in the National Capital Territory ofDelhi and formatters 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 :-

CHAPI'ERJ

PREUMINARY 1. Short title, extent and commencement-{ 1) This

Act may be called the Delhi Urban Shelter Improvement Board Act, 20 10.

(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 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 referen~ to the coming into .force of that provision.

2. Definitions.-ln this Act, unless the context otherwise requires,-

(a) "Board" means the Delhi Urban Shelter Improvement Board constituted under sub-section (1) of Section 3 ofthis Act;

(b) "building" includes a house, out-house, stable, latrine, urinal shed, hut, jhuggi, wall (other than a boundary wall) or any other structure whether made of masonry, brick; wood, mud, metal or any other material but does not include any portable shelter;

(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 jhuggijhopri basti means the activity of improvement as provided under Section II 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 confonnity with the land use of the Delhi Master Plan;

(iii) it is not duly authorized by the local authority having jurisdiction; and

PART IV} DELID GAZETIE : EXTRAORDINARY 13

(iv) it is included in ajhuggijhopri 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 jhuggijhopri basti in accordance wi!}l 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 facilities, or any combination of these factors, is detrimental to safety, health or hygiene; and

(iil) 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 15iiiiQiiigs fu Which more than one household share common· facilities which is traditionally and popularly known in Delhi as a "katra";

(i) "land" includes benefits aris4lg out ofland, things attached to the earth or permanently fastened to anything attached to the earth and rights created by law over any street;

G) "Lieutenant Governor" means the Lieutenant Governor of the National Capital Territory ofDelhi appointed by the President under Article 239 of the Constitution; ~

(k) "local auhtority" includes the Delhi Development Authority, the Municipal Corporation ofDelhi, the New Delhi Municipal Council, the Delhi Cantonment Board, arid any other authority performing the functions of a local authority;

(I) "Master Plan" means the Master Plan for Delhi prepared under the Delhi Development Act, 1957 (61 ofl951);

(.m) "occupier" includes-

(}) 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;

(ill) 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 Gaz.ette of Delhi; ,

(o) "owner'' in respect of clause (b) of Section 38 and Section 40 of this Act shall have the same meaning as assigned in clause (37) of Section 2 of the Delhi Municipal Corporation Act, 1957 (66 of 1957), wheteas in respect of sub-section (2) of Section I 0, sub-section (1) of Section 11 and sub-sections (I) and {4) of Section 12, it mean:fls· ',e:_.~entral Government, or Government of De :'as the case may be, or their agencies; : · .

~ ·: . (p) "person interested" in relation to any land or

building, includes any person claiming, or entitled to claim, an inter~st in the compensation· payable on account of the acquisition of that land or building under this Act;

( q) "premises" means any land o~ 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 th~ 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) A~l~l~O~l~l~ .

(s) "redevelopment" means the activity of redevelopment of an area where jhuggijhopri basti is situated in accordance with the provisions of Section 12 of this Act;

(t) ··r~ation" means a regulati: made by the Board wtth the approval of the Go mment, under this A~ by notification in the Offi ial Gazette;

(u) ''rule" means a rule made by the Government under this Act, by notification in the Official Gaz~tte;

(v) "slum" and "slum area" shall have the same meanings as assigned to them under the Slum Areas (Improvement and Clearance) Act,1956 {96 ofl956);

(w) "una_9.thorized regularized colonies" mean the .,Jma:llthorized colonies regularized from time to time.

,..-.~-

··' CHAPTERll

_/ DEUU URBAN SHEU'ER IMPROVEMENT BOARD AND ITS CONSriTUTION

3. Establishment of the Board.-( I) 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 Dellii U,rbari Shelter Improvement Board" (herein after referrect';to as "the Board"). · ·

(2) The Board constutited under sub-section (1) shall be the competent authority to implement the provisions of the Slum Areas (Improvement and Cl~ce) Act, 1 956 (96 ofl956).

14 DELlll GAZETTE :. EXTRAORDINARY [PART IV

(3) The Board shaD be a body corporate by the name aforesaid having perpetual succession and a common seal and to con~t and shall by 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;

(ri) 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;

(ili) 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 Commissioner of the Municipal Corporation ofDelhi, ex-officio;

(vii) the Chief Executive Officer, Delhi Jal Board, ex-officio;

(viii) the Chirperson of the New Delhi Municipal Council, ex-officio;

(IX) a Member (Engineering), to be nominated by the Government, who shall be an engineer, carrying a scaJe of pay, which is not less than that of a Joint Secretary to the Government of India, haVing specialized knowledge and experience in the matter 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 fmancial 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 oflndia., having sper.ialized knowledge and practical experience of personnel and administrative matters;

(xil) 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;

(xfu) the Secretary in-charge of the concerned Department of the Government dealing witt the Board, -ex-officio;

(xiv) a representative of the Ministry of Urban Development, Government oflndia, who shall be an officer of the rank of Joint Secretary to the Government oflndia, to be I)Ominated by the Central Government;

(xv) two experts on the subjects dealing with the urban planning and slum matters non-offiCials, to be nominated by the Chairperson.

4. Term of office and conditions of service of members.-The term of office and other conditions of service of the members shall be as follows :-

. (1) Members nominated under clauses (ii); (ix), (x), (xi), (xii) and (xv) of sub-section (4) of Section 3 of this Act shall receive from the funds of th·e 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 nominated under clauses (iii) and (iv) ofsub-section (4) of Section 3 of this Act, the members of the Board shall hold office at the pleasure ofthe"tiovernment.

. (3) The members of the Board nort).inated under clauses (iii) and (iv) of sub-section (4) ofSection 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 bC a member of the body from which he/she was nominated. '

S. Acts and proceedings not to be invalidated by vacancies, etc.-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 aqy vacancy in, or defect in the constitution of the Board.

6. Appointment of officers and employees and their salaries and allowances.-( I) The Board may appoin(a Secretary and such other officers and employees as it may consider necessary for· the efficient performance of its functioris 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 tenns and conditions of service of officers and employees of the Board shall be governed mutatis mutandis by the tenns 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.

=PM==T=IV=)================D=E=LID===G=AZE==TT==E=:=EX==TRA==O~RD==m==AR=Y=·===================l5 7. Power .to levy fees and charges.-The Board

shall, for the purposes of this Act, levy fees and charges for any services, which it may be required to provide,· as may be prescribed by the rules in this behalf.

8. Urban shelter consultative committee.-(]) The Government may constitute an urban shelter consultative committee to perfonn functions described in sub-section (3) ofthis Section.

(2) The composition of the consultative committee shall be as may be prescribed by rules.

(3) The functions of the urban shelter consultative corrunittee 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 m FUNCI10NS OF TilE BOARD

9. Survey ofjhuggijbopri bastis.-(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 ofhealth, sanitation and civic amenities, ·the ava1lability of medical and educational facilities for the residents thereof, and any other matter which may appear necessary to it to enable it to perfonn 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. .

10. Removal and resettlement of jhuggi jhoprj bastis.-( 1) The Board shall have the power to prepare a scheme for the removal of any jhuggi jhopri b"asti and for resettlement of the residents thereof, and the consent of the residents of the jhuggijhopri basti shall not be require.d for the preparation or implementation of such a scheme.

Explanation.-Nothing in sub-section ( 1) shaH 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 the 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 th.e land from where the basti is

removed and 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 Government, callSe any jhuggijhopri basti to be. removed and may resettle such residents thereof as may be eligible in accordance with the scheme prepared under sub-section (l), and it•shal1 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 co­operate with the render all reasonable assistance to the Board:

Provided that whefe jhuggi jhopri basti is on the land belonging to the Central Government or any of its organizations, tli.e process of removal and resettle~ent 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 provisions of the Delhi Development Act, 1957 (6lofl957) and thc:ise of the Master Plan for Delhi or the Zonal Development Plans prepared thereunder.

11. Seheme of improvement of jhuggi jhopri bastis.-(1) The Board may prepare a scheme for the improvement ofany jhuggi jhopri basti which may include provision of toilets and bathing facilities, improvt}ment of drainage, provision of water supply, street paving, and provision of dustbines, or sites for garbage collection, str~~ .lighting, or any ofibem, or provision of any Jike facllittes : 1 · · · _ .1

Provided that no such scheme shall be prepared if the owner of the )and on which the jhuggi jhopri basti is situated has already consented to the preparation of a scheme for the removal. of the jhuggi j hopri basti under Section I 0 and has paid his share ofthe cost ther~of.

(2) The Board may take all measures which may be necessary for the implementation of any scheme for improvement of a jbuggi jhopri basti prepared uilder sub­section (I) and it shall be the duty of the local a~thority, power generation and distribution companies or any licensee under the Electricity Act, 2003 (36 of2003) having operations in the area, and any department or undertaking of the Government to render all reasonable assis~nce for the implementation thereof. ·

(3) A scheme prepared under sub-section (l) may include provision for payment or for contribution oflabour by the residents ofthejbuggijhopri basti individually or collectively, and may also include provision for recovery of charges for the use of 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

I I

16 DELHI GAZETIE :_ EXTRAORDINARY [PAR'I'IV

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. ·

12. Scheme of redevelopment of jhuggi jhopri basti.-{ 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 sectior/ slum . cooperatives for redevelopment of the basti with a view to 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 sball form an integral part ofthe rehabilitation scheme ..

(2) The consent of the residents of the jhuggijhopri basti shall not be required for the preparation and implementation of any scheme for redevelopment of the basti under this section.

(3) The redevelopment scheme referred to in sub­section (I) may provide for construction and disposal by sale or lease ofland for commercial, residential, institutional and light industrial use or any one or more of them as per the provisions of the Delhi Development Act, 19 57 ( 61 of 1957) and those of the Master Plan for Delhi and Zonal Development Plans, etc. prepared thereunder.

( 4) The Board may permit the owriers on whose land a basti for which the sctieme of re-development has beeri_ prepared under sub-section (I), to implement that scheme. 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.

13. Basti Vlkas .Samiti.-{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 behalf shall be as may be specified in the regulations made in this behalf.

14. Power to make temporary use ofvacant site.­The Board may, subject to the provisions of this Act, make temporary use of any vacant site which, in its opinion, is urgently required 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:

Provided that the Board shall not make use of the land under or appurtenant to any lawfully existing and duly authorized building.

15. Preference to other sites.-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, Government 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 belo. _..; to the Central Government.

16.Proeedureof making temporary useofsite.­(1) Before making use ofany site under this Chapter, the Board shall call upon the ower 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 sub­section, 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 (I), 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 the site belonged to the Central Govenunent or any of its agencies or organizations, prior approval shall be taken of the Central Government or its agency, or organization concerned.

17. Lease or agreement no ground for refusal.­Notwithstanding the provisions of any other law for the time being in force, no lease or other agreement entered into in respect of such ~e shall be a ground for refusal to allow temporary use by the Board of such site :

Provided that where the site belonged to the Central Government or any of its agency or organization prior approval shall be taken of the Central Government or its agency or organization concerned.

18. Issuance offresh notice.-Ifthe Board does not make use of such site for the pw-pose envisaged in Section 14 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 ofthe issue of the notice under section 16.

19. Use of temporary site~-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 agancies or organizations, prior approval shall be taken of the Central Government or its agency or organization concerned.

20. Duration oftemporary use of site.~ 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 :

PART IV) DELHI GAZE'ITE : EXTRAORDINARY 17

Provided that if the Board is satisfied that continuation of such tempor.ary use is necessary. in the interest o( public health, the Board may, after giving opportunity to show·cause, by order exti:md such temporary use for such further period, not exceeding one year, as the Board may deem necessary.

21. Housing scheme.-{ 1) The Board may prepare a housing scheme for the resettlement of persons who are to be resettled or provided alternative accommodation u,nder any scheme for the removal of any jbuggi jboprj basti under the provisions of Section 10 or Section 12 of this Aci.

(2) The Board may prepare schemes for housing of those belonging to economically weaker sections inclu~ing low income group and poor categories: ·

Provided that except where land or rehabilitatiQn site belongs to the Government, a housing scheme under.s.uo­sections (l) and (2) shall be drawn up iQ consultation with the land owning agency on mutually accepted conditions.

(4) Every scheme prepared under sub-section tn shall provide for the cost of land, the development of such land and all related matters, the mode of allotment of plots or of houses, including the selection of allottees of siich plots or houses and the terms and conditions of allotm~nt, and for any other matter that may be considered necessary.

22. Publication of scheme for inviting objectimis.­Before fmalizing and implementing any scheme under't.his Chapter, the Board shall publish the scheme in such mann~r _ as may be prescribed by regulations and shall invite and consider objections, if any, received from the public~' ·

OIAPTER-JV

FINANCE, ACCOUNTS AND AUDIT

23. Funds ofthe Board.-( I) The Board shall have and maintain its own funds 11t which shall be credited-:

(a) all moneys received by the Board from the Government by way of 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 inunovable; 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 no other purpose.

(3) The Board may keep in current account of the State Bank of India or any other nationalized banks su~th sum or sums of money out of its funds as may be prescribed

by ruies and any money in excess of the ~aid 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 Government may deem necessary for the perfonnance of the functions·ofthe Board under this Act and all grants, loans and advances made shall be on such tenns and condition as the Government may detennine.

(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 every year into the Debt Fund such sum as may· be sufficient for repayment of principal and interest due thereon, within the period fbced, 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 ..•

24. Budget and andit oftbe Board.-{ 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 shaU forward to the Goverrim.ent such number of copies thereof 'as may be prescribed by rules. ·

(2) The Board shall maintain proper accounts and other relevant records and prepare an a~n ual statement of accounts, including the balance-sheet in such fonn as the Government may by rules prescribe in cons~ltation with the Comptroller and Auditor-General of India.

(3) The accounts of the Board shall 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 oflndia.

(4) The Comptroller and Auditor-General oflndiaand any person 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 the 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 lndia 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.

18 DEIJII GAZETTE: EXTRAORDINARY [PART IV

25. Annual report oftbe Board.-TheUoard shall prepare for every year a report of its activities dwing that year and submit the report to the Government in such form. and on or before sueh date as. may be prescribed by rules, and the Government shall cause a copy of the report to be laid before the Legislative Assembly ofDellii.

CHAPI'ER-V

MISCElLANEOUS

26. Production of record.-The Government may at any time require the Board-

( a) to produce any record, correspondence 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.

27. Inspection and examination of works, records, etc. ofthe Board by the Government-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 to 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.

28. Board to comply witb directions of t.he Government.-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 :

Provided that the Government shall obtain and consider the opinion ofthe Board before issuing any such direction:

Provided furlherthat the Government shall make due provision for any-financial liability to the Board arising directly in consequen~ 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~

29. Transitional provisions.-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. Taking over the Services of officers and employees.-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 tentire, and at the same remuneration and "On same terms and

conditions of service, as they would have held if the Boa· ' had not been established and shall continue to do so UDi.u

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 nqt 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 shaJJ 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.

31. Taking over the assets and liabilities. -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 ofthe Government 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 suc!Klrder.

~2. All appointments, notifications, orders, etc. made or issued prior to formation of the Board to continue in force.-{ I) Anything done or any action taken, including

. any appointment, notification, order, delegation, scheme,

. rule, form, notice made, granted or issued by any existing OFganiza.tion 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 du~ to the exist_ing 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 might 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.

33. Acquisition of immovable property.-{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

acquire, prescribe any inupovable property in accordance with the law for the time being in force.

34. Power to contract.-The Board shall be competent to enter into and perform any contract necessary for the discharge of its functions under this Act.

35. Office1-s and employees of the Beard to be public· servants.-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 public servant within the . meaning of Section 21 of the Indian Penal Code, 1860 ( 45 of 1860).

36. Ser-vtce of notices, etc.-(1) Everynotice 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 notrce, order ?r direction on s~me conspicuo~ part of his last known place of residence or business, or by giying or tendering the notice, order or directionto some adult m~ber 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 ~ervice upon his guardian, or upon any adult member ofhis family, shall be · deemed to be the service upon such minor. ·

37. Power of entry and inspection~-Itsballbelawful for any officer or employee au'lhorized by the Board in this behalf, to enter into or upon a., land or building built b¥ the Board, with or without assistants and. workmen, forthe purpose ofmaking an enquiry, inspection, m~utement, valuation or survey or to execute .any work which is authorized by or tmder this Act or which it is necessary.to execute for any of the purposes or in furtherance of any of the provisions of this Actor of any rule or regulation madC, thereunder.

38. Breaking into building.-It shall be lawful for any person authorized by the Board in this behalf to mak,e 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 ther~f or thereon- -

(a) if he considers 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.

39. Time of making entry.-No entry authorized by or under this Act shall be made except between the ho~ of sUnrise and sunset.

19

40. Con$cmt ordin~rily to be obtained.-8ave as provided in this Act, no land or building shaH be entereci without the consent of the occupier or, if there be no occupier, of the owner thereof, and no 5uch entry shall be made without giving the said occupier or oWBer, as the case may be, not less than twenty-four hours written notice of the intention to make such. entry.

41. Issue of notice to sbow cause against order or evidion.-(1) If the Bom:d 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 cause. why an order of eviction :1hould 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 interest in, the public pr~ises,-

(i) to show cause, if any, against the proposed order on or before ~uch date as specified in the notice, being a date not earlier than seven days fron;~ the date of issue thereof, and · ·

(n) to appear before the Board on the date specified in the notice along with the evidence which they intend to produce in support of the cause shown; !md also for personal hearing, if such hearmg is desired.

(3) The Board shall cause the notice to be s~ed b.j having it affixed on the outer door or some other conspicuous part of the public premises, and in $J:1,::b other manner as may be prestn'bed, whereupon the notice shall be deemed to have been duly given to all· lJersons concerned. ·

42. Eviction of unauthorized oecupants.-(l) If, after considering the cause, if any, shown by any person in pursuance of a notice under Section 41 and any e:vidence produced by him in support of the same.and after personal hearing, ifany,,given under clause (b) of sub-section (2) of Section 41 , the Board is satisfied that the pub lie 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 vacatec;l, on such date as may be specified in the order, by all per~ons who may be in occupation thereof or any part thereof, m;td cause a copy of the orderto be affixed on the outer door or some other conspicuous part of the public premises.

(2) If any person refuses or fails to comply 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), whichever is later, the Board may, after the date so specified or after the expiry of the period

..

20 DELHI GAZETIE : EXTRAORDINARY [PART IV

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.

. 43. Mode of recovery of certain dues.-All dues to the. Board on account of any charges, costs, expenses, fees, rates, licence fee, damages or rent or on any othe1· account under this Act or any ru,le or regulation made thereuilder shall be recoverable :from the person fro~ whom such s\.im. is due as arrears ofland revenue :

. Provided that no proceeding for the recovery ofany sum under this section shall be commenced after the expiry of three years from the date on which such sum becomes due.

44. Revision.-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 Lieut~nant Governor for the exercise of the powers 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.

45. ·Appeals.-( l) Any person aggrieved by any notice, order or direction 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

. ueLtenant Governor : .

1 Provided that the Lieutenant Governor may entertain an appeal after the expiry ofthe 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 fonnand shall be accompanied by a copy of the notice, order or direction apj>ealed against and by such fees as may be prescribed by rules.

(3} The order of the Lieutenant Governor on an appeal under sub-section (I) shall be final.

(4) No appeal shall be decided ~der this section unless the appellant bas been heard or has bad a reasonable opportunity of being heard.

46. Prohibition of certain case.-No person shall-

(a) willfully obs1ruct 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 slmn and jhuggi jhopri basti without obtaining permission of the Board.

47. Penalties.-Wbosoever :--{a) obstructs entry of a person authorized by the Board in this behalf in or

upon any land and building for purposes of any enquirv. inspection, measurement, valuation or survey or . execute any work authorized by and considered necessary under this Act, shall, on conViction, be punishable with simple 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 fme which may extend to five thousand rupees, or with both. ·

48. Prosecution and trial of offences.-( I) No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Board.

(2) No Court inferior to that of a Metropolitan Magistrate shall try any offence punishable under this Act.

49. Protection ofaetion taken in good faith.-No suit or other legal proceeding shall lie instituted in any court against the Board. ()r against any person or authority acting under the directiot1'-of any officer or other employee of the Board for anything which is in good faith done or ·intended to be done in p~suance ofihe provisions of this Act or the rules or regul!ions made thereunder.

50. Delegation of powers by the Board.-The Board may, by order, direct that any power conferred or any duty imposed on it by or under this Act shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercised and performed also by any officer or" employe-e specified in the order.

51. Dissolution of the Board.--( I) Where the Government is satisfied that the purposes for which the Board was established under this Act have been substantially achieved so as to render the continued existence of the Board in the opinion of the Government unnecessary, the Government may, by notification in the Official Gazette, declare that the Board shall be dissoved with effect from such date as may be specified in the notification and the Board shall be deemed to be dissoved accordingly.

(2) Upon the publication of the notification under s~b-section (1) dissolving the Board--

. · (a) all properties, ftmds and dues, which are vested in or realizable by, the Boar.d, shall vest in, or be realizable by, the Govemmem:

(b) all lands placed at the disposal orthe Board shall revert to the Government; and

(c) services of all the officials and officers working under the Board shall be deemed to be transferred to the Government.

·s2. Power to m.ake. rules.-(1) 'T'he Government may, by notification in the Official Gazette, make rules for carrying out all or any of the purposes of this Act.

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PART IV] DELHI GAZETTE : EXTRAORDrNARY 21

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for an or any ofthe following matters, namely :- ·

(a) the salaries, allowances and conditions of serv.ice of the members ofthe Board; ~

(b) levying of fees and charges by the Board in respect of any services which it may be required to provide;

(c) composition of Urban Shelter Consultative COtiunittee;

(d) remuneration of the members of the Consultative Committee;

(e) the sum or sums of money out of its funds that the Boa!d may keep· in current account of the State Bank of India or any other nationalized bank; any money in excess of the said sum or sums that may be invested by the Board in the manner·to be approved by the Government; ·

(f) the form in which and the time of the year at, which the budget of the Board shall be prepared; the number of copies of the budget to be forwarded to the Government, the form of the annual state~ent of ac.counts, including the balance-sheet auct" the form for the maintenance of accounts and other relevant record;

(g) the form of annual report of the Board and the date on or before which it shall be ·submitted to the. Government;

1)1) the manner of service of notice to show .cause against the order of eviction;

(i) the fom1 in w(lich an appeal is to be filed to the Lieutenant ~overn~r and prescribing the fee required to be accompanied with the appeal, against the decision of the Board;

G) any other matter which is to be, or may be, prescribed by rules.

53. Power to make regulations.-(]) The Board may with the previous approval of the Government anc:t-by · notification in the Official Gazette, make regulatidhs consistent with this Act and the rules made thereuncier to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-

• •

(a) the pay and other conditions of service of officers and employees of the Board;

(b) . the manner of dealing with the representations and suggestions of residents of the jhuggi-jhopri basti with regard to payment or contribuiiorror labour, other than charges- for use of toilet .and bathing facilities;

(c) the procedure to be followed by the Board in connection with the constitution of Basti Vikas Samiti for any jhuggi-jhopri basti to assist and advise the Board on matters relating to the activities of the Board in respect of such basti or bastis;

(d) any other matter which is to be, or may be, prescribed by regulations.

54. Laying of rules and regulations before the Legislative Assembly of Delhi.-Every rule and every regulation made under this Act shall be laid, as soon as may be after such rules or regulation is made, before the House of the Legislative Assembly of Delhi, wh)le it is in session for a total period of thirty days whieh · tnay be comprised in one session, or in two or more successive sessions, and if. before the expiry of the session immediately following the session or the Sl.lccessive sessions· aforesaid, the House agrees in making any modification in the rule or regulation, as the case may be, or the House agrees that the rule or regulation. as the case may be, should not be made, the rule or regulation, shall thereafter have effect only in such modified form or be of no effec.t, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity or anything previously done under that rule or regulation.

55. Power to remove difficulties.~l) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by general or special order published in the Official Gazette, make such proYisions not inconsistent with ·the provisions of this Act as ~ppear to it to be necessary or expedientfortheremoval ofthe difficulty

Provided that no such order shall be maae after the expiration of two years from the commencement of this Act .

(2) Every order made under sub-section (1) ofthis section shall be laid, as soon as may be after it)s made. before the Legislative Assembly of Delhi."

SAVITA RAO. Jt. Secy .

Printed by the Manager, Government of India Press, Ring Road, Mayapuri, New Delhi-ll0064 and Published b:y the Controller of Publications, Delbi-110054.