Section Text
Section28 Powers of entry The Authority may authorise any person to enter into or upon any land or building with or without assistants or workmen for the purpose of (a) making any enquiry, inspection, measurement or survey or taking levels of such land or building;
(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) making such levels, boundaries and lines by placing marks and cutting trenches;
(f) ascertaining whether any land is being or has been developed in contravention of the master plan or zonal development plan or without the permission referred to in section 12 or in contravention of any condition subject to which such permission has been granted; or (g) 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;
(ii) 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 Section29 Penalties (1) Any person who whether at his own instance or at the instance of any other person or any body (including a department of Government) undertakes or carries out development of any land in contravention of the master plan or zonal development plan or without the permission, approval or sanction referred to in section 12 or in contravention of any condition subject to which such permission, approval or sanction has been granted, 1[shall be punishable, (a) with rigorous imprisonment which may extend to three years, such development relates to utilising, selling or otherwise dealing with any land with a view to the setting up of a colony without a lay-out plan; and (b) with simple imprisonment which may extend to six months, or with fine which may extend to five thousand rupees, or with both, in any case, other than those referred to in clause (a).]
(2) Any person who uses any land or building in contravention of the provisions of section 14 or in contravention of any terms and conditions prescribed by regulations under the proviso to that section shall be punishable with fine which may extend to five thousand rupees 2and in the case of a continuing offence, with further fine which may extend to two hundred and fity rupees for every day during which such offence continues after conviction for the first commission of the offence]
(3) Any person who obstructs the entry of a person authorised under section 28 to enter into or upon any land or building or molests such person after such entry shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both Section30 Order of demolition of building [(1) Where any development has been commenced or is being carried on or has been completed in contravention of the master plan or zonal development plan or without the permission, approval or sanction referred to in section 12 or in contravention of any conditions subject to which such permission, approval or sanction has been granted, (i) in relation to a development area, any officer of the Authority empowered by it in this behalf, (ii) in relation to any other area within the local limits of a local authority, the competent authority thereof, may, in addition to any prosecution that may be instituted under this Act, make an order directing that such development shall be removed by demolition, filling or otherwise by the owner thereof or by the person at whose instance the development has been commenced or is being carried out or has been completed, within such period (not being less than five days and more than fifteen days from the date on which a copy of the order of removal, with a brief statement of the reasons therefor, has been delivered to the owner or that person) as may be specified in the order and on his failure to comply with the order, the officer of the Authority or, as the case may be, the competent authority may remove or cause to be removed the development and the expenses of such removal shall be recovered from the owner or the person at whose instance the development was commenced or was being carried out or was completed as arrears of land revenue:
Provided that no such order shall be made unless the owner or the person concerned has been given a reasonable opportunity to show cause why the order should not be made.
(1A) If any development in an area other than a development area has been commenced or is being carried on or has been completed in contravention of the master plan or zonal development plan or without the approval or sanction referred to in section 12 or in contravention of any conditions subject to which such approval or sanction has been granted and the competent authority has failed to remove or cause to be removed the development within the time that may be specified in this behalf by the Administrator of the Union territory of Delhi, the Administrator may, after observing such procedure as may be prescribed by rules made in this behalf, direct any officer to remove or cause to be removed such development and that officer shall be bound to carry out such direction and any expenses of such removal may be recovered from the owner or the person at whose instance the development was commenced or was being carried out or was completed as arrears of land revenue.] (2)---- [(2A) Any person aggrieved by the direction of the Administrator under subsection (1A) may appeal to the Central Government within thirty days from the time thereof, and the Central Government may after giving an opportunity of hearing to the person aggrieved, either allow or dismiss the appeal or may reverse or vary any part of the direction.] [(3) The decision of 2the Central Government on the appeal and subject only to such decision the order under sub-section (1) or, as the case may be, the direction under sub-section (1 A), shall be final and shall not be questioned in any court.
(4) The provisions of this section shall be in addition to, and not in derogation of, any other provision relating to demolition of buildings contained in any other law for the time being in force.] Section31 Power to stop development (1) Where any development in any area has been commenced in contravention of the master plan or zonal development plan or without the permission, approval or sanction referred to in section 12 or in contravention of any conditions subject to which such permission, approval or sanction has been granted, (i) in relation to a development area, the Authority or any officer of the Authority empowered by it in this behalf, (ii) in relation to any other area within the local limits of a local authority, the competent authority thereof, may, in addition to any prosecution that may be instituted under this Act, make an order requiring the development to be discontinued on and from the date of the service of the order, and such order shall be complied with accordingly.
(2) Where such development is not discontinued in pursuance of the order under sub-section (1), the Authority or the officer of the Authority or the competent authority, as the case may be, may require any police officer to remove the person by whom the development has been commenced and all his assistants and workmen from the place of development or to seize any construction material, tool, machinery, scaffolding or other things used in such development] within such time as may be specified in the requisition and such police officer shall comply with the requisition accordingly. [(2A) Any of the things caused to be seized by the Authority or the officer of the Authority or the competent authority, as the case may be, under sub-section (2) shall unless the owner thereof turns up to take back such things and pays to the Authority, the officer of the Authority or the competent authority, as the case may be, the charges for the removal or storage of such things, be disposed of by it or him by public auction or in such other manner and within such time as the Authority, the officer of the Authority or the competent authority thinks fit.
(2B) The charges for the removal and storage of the things sold under sub-section (2A) shall be paid out of the proceeds of the sale thereof and the balance, if any, shall be paid to the owner of the things sold on a claim being made therefor within a period of one year from the date of sale, and if no such claim is made within the said period, shall be credited to the fund of the Authority or the competent authority, as the case may be.]
(3) If any development in an area other than a development area has been commenced in contravention of the master plan or zonal development plan or without the approval or sanction referred to in section 12 or in contravention of any conditions subject to which such approval or sanction has been granted and the competent authority has failed to make an order under sub-section (1) or as the case may be, a requisition under sub-section (2), within the time that may be specified in this behalf by the Administrator of the Union territory of Delhi, the Administrator may, after observing such procedure as may be prescribed by rules made in this behalf, direct any officer to make the order or requisition, as the case may be, and that officer shall be bound to carry out such direction and the order or requisition made by him in pursuance of the direction shall be complied with accordingly.
(4) After the requisition under sub-section (2) or sub-section (3) has been complied with, the Authority or the competent authority or the officer to whom the direction was issued by the Administrator under sub-section (3), as the case may be, may depute by a written order a police officer or an officer or employee of the Authority or local authority concerned to watch the place in order to ensure that the development is not continued.
(5) Any person failing to comply with an order under sub-section (1) or, as the cae may be, under sub-section (3), shall be punishable with fine which may extend to two hundred rupees for every day during which the non-compliance continues after the service of the order.
(6) No compensation shall be claimable by any person for any damage which he may sustain in consequence of the removal of any development under section 30 or the discontinuance of the development under this section. (7)************ (8) The provisions of this section shall be in addition to, and not in derogation of, any other provision relating to stoppage of building operations contained in any other law for the time being in force.] Section31A Power to seal unauthorised development (1) It shall be lawful for the Authority or the competent authority, as the case may be, at any time, before or after making an order for the removal or discontinuance of any development under section 30 or section 31, to make an order directing the sealing of such development in the manner prescribed by rules, for the purpose of carrying out the provisions of this Act, or for preventing any dispute as to the nature and extent of sufh development.
(2) Where any development has been sealed, the Authority or the competent authority, as the case may be, may, for the purpose of removing or discontinuing such development, order the seal to be removed.
(3) No person shall remove such seal except (a) under an order made by the Authority or the competent authority under sub-section (2); or (b) under an order of the Appellate Tribunal or the Administrator of the Union territory of Delhi, made in an appeal under this Act. Section31B Appellate Tribunal The Appellate Tribunal or Appellate Tribunals constituted under section 347A of the Delhi Municipal Corporation Act, 1957, (66 of 1957) shall be deemed to be the Appellate Tribunal or Appellate Tribunals for deciding appeals under section 31C, and the provisions of section 347A and section 347C of the Delhi Municipal Corporation Act, 1957, and the rules made thereunder, shall, so far as may be, apply for the purposes of this Act as they apply for the purposes of that Act. Section31C Appeals (1) Any person aggrieved by any of the following orders made under this Act, may prefer an appeal to the Appellate Tribunal, namely:
(a) an order of the Authority granting or refusing to grant permission for development under sub-section (3) of section 13;
(b) an order of the Authority or the local authority disposing of any land under section 21;
(c) an order of the Authority in the course of dealing with any nazul land developed by it under section 22;
(d) an order of an officer of the Authority or the competent authority made under sub-section (1) of section 30, for the removal of any development;
(e) an order of the Authority or an officer of the Authority, or the competent authority made under sub-section (1) of section 31, for discontinuing any development;
(f) an order of the Authority or the competent authority made under section 31 A, directing the sealing of any development (2) An appeal under this section shall be filed within thirty days from the date of the order appealed against:
Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period.
(3) An appeal to the Appellate Tribunal shall be made in such form and shall be accompanied by a copy of the order appealed against and by such fees as may be prescribed by rules. Section31D Appeals against orders of Appellate Tribunal (1) An appeal shall lie to the Administrator of the Union territory of Delhi against an order of the Appellate Tribunal, confirming, modifying or annulling an order of the Authority, officer of the Authority, local authority or competent authority, as the case may be, under this Act.
(2) The provisions of sub-sections (2) and (3) of section 31C and the provisions of section 347A of the Delhi Municipal Corporation Act, 1957 (66 of 1957), and the rules made thereunder, shall, so far as may be, apply to the filing and disposal of an appeal under this section as they apply to the filing and disposal of an appeal under the said section (1) For the determination of the matter referred to in sub-section (4) of section 38, the Central Government shall appoint three arbitrators of whom one at least shall have special knowledge of the valuation of land (2) The arbitrators shall follow such procedure as may be prescribed by rules made in this behalf. [(2A) The arbitrators shall, for the purpose of determining any matter referred to them, have the same powers as are vested in a civil court under the of Code of Civil Procedure, 1908 (5 of 1908) when trying a suit, in respect of the following matters, namely:
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) administering to any party to the arbitration such interrogatories as may, in the opinion of the arbitrators, be necessary.]
(3) In the events of any difference of opinion among the arbitrators the decision of the majority shall prevail and that decision shall be the award of the arbitrators.
(4) If any arbitrator dies, resigns, or is removed under sub-section (5) or refuses, or neglects in the opinion of the Central Government, to perform his duties or becomes incapable of performing the same, then the Central Government shall forthwith appoint another fit person to take the place of such arbitrator.
(5) If the Central Government is satisfied after such enquiry as it thinks fit (a) that an arbitrator has misconducted himself, the Central Government may remove him from his office;
(b) that the award of the arbitrators has been improperly procured or that any arbitrator has misconducted himself in connection with such award, the Central Government may set aside the award.
(6) An award which has not been set aside by the Central Government under clause (b) of sub-section (5) shall be final and shall not be questioned in any court.
(7) The provisions of the Arbitration Act, 1940, (10 of 1940) shall not apply to arbitration under this section. Section40 Payment of betterment charge (1) The betterment charge levied under this Act shall be payable in such number of instalments and each instalment shall be payable at such time and in such manner as may be fixed by regulations made in this behalf.
(2) Any arrear of betterment charge shall be recoverable as an arrear of land revenue. Section40A Mode of recovery of moneys due to Authority Any money due to the Authority on account of fees or charges, or from the disposal of lands, buildings or other properties, movable or immovable, or by way of rents and profits may, if the recovery thereof is not expressly provided for in any other provision of this Act, be recovered by the Authority as arrears of land revenue.] Section41 Control by Central Government (1) The Authority shall carry out such directions as may be issued to it from time to time by the Central Government for the efficient administration of this Act.
(2) If in, or in connection with the exercise of its powers and discharge of its functions by the Authority under this Act, any dispute arises between the Authority and the Central Government the decision of the Central Government on such dispute shall be final. [(3) The Central Government may, at any time, either on its own motion or on application made to it in this behalf, call for the records of any case disposed of or order passed by the Authority for the purpose of satisfying itself as to the legality or propriety of any order passed or direction issued and may pass such order or issue such direction in relation thereto as it may think fit:
Provided that the Central Government shall not pass an order prejudicial to any person without affording such person a reasonable opportunity of being heard.] Section42 Returns and inspections (1) The Authority shall furnish to the Central Government such reports, returns and other information as that Government may from time to time require.
(2) Without prejudice to the provisions of sub-section (7), the Central Government or any officer authorised by the Central Government in this behalf, may call for reports, returns and other information from the Authority or local authority in regard to the implementation of the master plan.
(3) Any person authorised by the Central Government or the Officer referred to in sub-section (2) may enter into or upon any land with or without assistants or workmen for ascertaining whether the provisions of the master plan are being or have been implemented, or whether the development is being or has been carried out in accordance with such plan.
(4) 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.] Section43 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 (a) where the person to be served is a company if the document is addressed to the secretary of the company at its registered office or at its principal office or place of business and is either (i) sent by registered post, or (ii) delivered at the registered office or at the principal office or place of business of the company;
(b) where the person to be served is a partnership, if the document is addressed to the partnership 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 by registerd post, or (ii) delivered at the said place of business;
(c) where the person to be served is a public body or a corporation or 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 by registered post, or (ii) delivered at that office;
(d) in any other case, if the document 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, if within the Union territory of Delhi or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building to which it relates, or (iii) is sent by registered post to that person.
(2) Any document which is required or authorised to be served on the owner or occupier of any land or building may be addressed to "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 delivered 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 a partnership in accordance with this section, the document shall be deemed to be served on each partner.
(4) For the purpose of enabling any document to be served on the owner of any property the secretary to the Authority may by notice in writing require the occupier (if any) of the property to state the name and address of the owner thereof.
(5) Where the person on whom a document is to be served is a minor, service upon his guardian or any adult member of his family shall be deemed to be service upon the minor.
(6) A servant is not a member of the family within the meaning of this section. Section44 Public notice how to be made known Every public notice given under this Act shall be in writing over the signature of the secretary to the Authority and shall be widely made known in the locality to be affected thereby by affixing copies thereof in conspicuous public places within the said locality, or by publishing the same by beat of drum or by advertisement in local newspaper or by any two or more of these means, and by any other means that the secretary may think fit. Section45 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 thereunder 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 reasonble time for doing the same. Section46 Authentication of orders and documents of the Authority All permissions, orders, decisions, notices and other documents of the Authority shall be authenticated by the signature of the secretary to the Authority or any other office authorised by the Authority in this behalf. Section47 Members and officers to be public servants Every member and every officer and other employee of the Authority shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). Section48 Jurisdiction of courts No court inferior to that of a 1[Metropolitan Magistrate] shall try an offence punishable under this Act. Section49 Sanction of prosecution (1) No prosecution for any offence punishable under this Act 3[other than an offence referred to in sub-section (2)] shall be instituted except with the previous sanction of the Authority or as the case may be, the local authority concerned or any officer authorised by the Authority or such local authority in this behalf.
(2) No prosecution for any offence for failure to comply with the order of the officer referred to in sub-section (3) of section 31 and punishable under sub-section (5) of that section shall be instituted except, with the previous sanction of the Administrator or any officer authorised by him in this behalf.] Section50 Magistrate's power to impose enhanced penalties Notwithstanding anything contained in [section 29 of the Code of Criminal Procedure, 1973 (2 of 1974), it shall be lawful for any court of a Metropolitan Magistrate] to pass any sentence authorised by this Act in excess of its powers under the said section. Section51 Protection of action taken in good faith. No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule or regulation made thereunder. Section52 Power to delegate (1) The Authority may, by notification in the Official Gazette, direct that any power exercisable by it under this Act except the power to make regulations may also be exercised by such officer or local authority [or committee consituted under section 5A] as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein (2) The Central Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act, except the power to make rules, may also be exercised by such officer as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein.
(3) The Administrator of the Union territory of Delhi may, by notification in the Official Gazette, direct that any power exercisable by him under this Act [except the power to hear appeals] may also be exercised by such officer as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein. Section53 Effect of other laws (1) Nothing in this Act shall affect the operation of the Slum Areas (Improvement and Clearance) Act, 1956 (96 of 1956) (2) [Save as otherwise provided in sub-section (4) of section 30 or sub-section (8) of section 31 or sub-section (7) of this section], the provisions of this Act and the rules and regulations made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law (3) Notwithstanding anything contained in any such other law (a) when permission for development in respect of any land has been obtained under this Act such development shall not be deemed to be unlawfully undertaken or carried out by reason only of the fact that permission, approval or sanction required under such other law for such development has not been obtained;
(b) when permission for such development has not been obtained under this Act, such development shall not be deemed to be lawfully undertaken or carried out by reason only of the fact that permission, approval or sanction required under such other law for such development has been obtained. Section53A Restriction on power of a local authority to make rules, regulations or bye-laws in respect of certain matters (1) Notwithstanding anything contained in any law for the time being in force, no rule, regulation or bye-law shall be made or amended by a local authority in respect of matters specified in sub-section (2) unless the Authority, upon consideration of such rule, regulation or bye-law, certifies that it does not contravene any of the provisions of the master plan or the zonal development plan.
(2) The matters referred to in sub-section (1) are the following, namely:
(a) water supply, drainage and sewage disposal;
(b) erection and re-erection of buildings, including grant of building permissions, licences and imposition of restrictions on use and sub-division of buildings;
(c) sub-division of land into building sites, roads and lanes, recreational sites and sites for community facilities; and (d) development of land, improvement schemes, and housing and rehousing schemes. Section53B Notice to be given of suits (1) No suit shall be instituted against the Authority, or any member thereof, or any of its officers or other employees, or any person acting under the directions of the Authority or any member or any officer or other employee of the Authority in respect of any act done or purporting to have been done in pursuance of this Act or any rule or regulation made thereunder until the expiration of two months after notice in writing has been, in the case of the Authority, left at its office, and in any other case, delivered to, or left at the office or place of abode of, the person to be sued, and unless such notice states explicitly the cause of action, the nature of relief sought, the amount of compensation claimed and the name and place of residence of the intending plaintiff and unless the plaintiff continues a statement that such notice has been so left or delivered.
(2) No suit such as is described in sub-section (1), unless it is a suit for recovery of immovable property or for a declaration of title thereto, be instituted after the expiry of six months from the date on which the cause of action arises.
(3) Nothing contained in sub-section (1) shall be deemed to apply to a suit in which the only relief claimed is an injunction of which the object would be defeated by the giving of the notice or the postponement of the institution of the suit.] Section54 Savings Nothing in this Act shall apply to (a) the carrying out of works for the maintenance, improvement or other alteration of any building, being works which affect only the interior of the building or which do not materially affect the external appearance of the building;
(b) the carrying out by any local authority or by any department of Government of any works for the purpose of inspecting, repairing or renewing any drains, sewers, mains, pipes, cables or other apparatus including the breaking open of any street or other land for that purpose;
(c) the erection of a building, not being a dwelling house if such building is required for the purposes subservient to agriculture;
(d) the erection of a place of worship or a tomb or cenotaph or of a wall enclosing a graveyard, place of worship, cenotaph or samadhi on land which at the commencement of this Act is occupied by or for the purpose of such worship, tomb, cenotaph, graveyard or samadhi;
(e) the excavations (including wells) made in the ordinary course of agricultural operations; and (f) the construction of unmetalled road intended to give access to land solely for agricultural purposes. Section55 Plans to stand modified in certain cases (1) Where any land situated in any area in Delhi is required by the master plan or a zonal development plan to be kept as an open space or unbuilt upon or is designated in any such plan as subject to compulsory acquisition, then, if on the expiration of ten years from the date of operation of the plan under section 11 or where such land has been so required or designated by any amendment of such plan, from the date of operation of such amendment, the land is not compulsorily acquired * * * the owner of the land may serve on the Central Government a notice requiring his interest in the land to be so acquired.
(2) [If the Central Government] fails to acquire the land within a period of six months from the date of receipt of the notice, the master plan or, as the case may be, the zonal development plan shall have effect, after the expiration of the said six months as if the land were not required to be kept as an open space or unbuilt upon or were not designated as subject to compulsory acquisition. Section56 Power to make rules (1) The Central Government, after consultation with the Authority may, by notification in the Official Gazette, make rules to carry out the purposes of this Act:
Provided that consultation with the Authority shall not be necessary on the first occasion of the making of rules under this section, but the Central Government shall take into consideration any suggestions which the Authority may make in relation to the amendment of such rules after they are made.
(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:
(a) the manner of election of representatives of the Municipal Corporation of Delhi under clause (e) of sub-section (3) of section 3;
(b) the qualifications and disqualifications for being chosen as, and for being, members of the Authority or the Advisory Council;
(c) the salaries, allowances and conditions of service of the whole-time paid members of the Authority;
(cc) travelling and other allowances of the members of the Advisory Council except those of the ex officio member and such other members as are Government servants;]
(d) the control and restrictions in relation to appointment of officers and other employees; [(dd) the stages by which the development of any particular features of a zone may be carried out;]
(e) the form and content of the master plan and a zonal development plan and the procedure to be followed in connection with the preparation, submission and approval of such plans and the form, and the manner of publications, of the notice relating to any such plan in draft;
(f) the local enquiries and other hearings that may be held before a plan is approved; [(g) the form and manner in which notice under sub-section (3) of section 11A shall be published;]
(h) the fee to be paid on an application for permission under sub-section (1) of section 13 and the factors and circumstances to be taken into consideration in determining such fee;
(j) the manner in which nazul lands shall be dealt with after development;
(jj) the procedure to be observed by the Administrator under section 30 or section 31;
(jjj) the factors to be taken into consideration in determining the rate of betterment charge in respect of property situate in any area outside the development area;] [(ja) the manner in which the sealing of any development under sub-section (1) of section 31A shall be made;
(jb) the form in which an appeal shall be made to the Appellate Tribunal under sub-section (3) of section 31C and the fees that shall accompany such appeal;]
(k) the procedure for referring any matter to the Central Government under section 36 for settlement of terms and conditions subject to which a local authority may be required to assume responsibility for amenities in any area;
(l) the procedure to be followed by arbitration in the determination of betterment charge;
(m) the sum of money that may be kept in current account;
(mm) the procedure to be followed for borrowing moneys by way of loans or debentures and their repayment;]
(n) the form of the budget of the Authority and the manner of preparing the same;
(o) the form of the balance-sheet and statement of accounts;
(p) the form of the annual report and the date on or before which it shall be submitted to the Central Government;
(q) the manner of constitution of the pension and provident funds for wholetime paid members and officers and other employees of the Authority and the conditions subject to which such funds may be constituted;
(r) any other matter which has to be, or may be, prescribed by rules. Section57 Power to make regulations (1) [The Authority, with the previous approval of the Central Government, may, by notification in the Official Gazette, make regulations consistent with this Act and the rules made thereunder, to carry out the purposes of this Act, and without prejudice to the generality of this power, such regulations may provide for (a) the summoning and holding of meetings of the Authority, the time and place where such meetings are to be held, the conduct of business at such meetings and the number of members necessary to form a quorum thereat; [(aa) the summoning and holding of meetings of a committee constituted under section 5A, the time and place where such meetings are to be held, the conduct of business at such meetings, and the number of members necessary to form a quorum thereat and the fees and allowances payable to the members for attending the meetings or any other work of the Authority;]
(b) the powers and duties of the secretary and chief accounts officers of the Authority;
(c) the salaries, allowances and conditions of service of the secretary, chief accounts officer and other officers and employees;
(d) the procedure for the carrying out of the functions of the Authority under Chapter III;
(e) the form in which any application for permission under sub-section (1) of section 13 shall be made and the particulars to be furnished in such application;
(f) the terms and conditions subject to which user of lands and buildings in contravention of plans may be continued;
(h) the manner of communicating the grounds of refusal or permission for development;
(i) the form of the register of applications for permission and the particulars to be contained in such register;
(j) the management of the properties of the Authority;
(K) the time and manner of payment of betterment charge; and (1) any other matter which has to be, or may be, prescribed by regulations.
(2) Until the Authority is established under this Act, any regulations which may be made under sub-section (7) may be made by the Central Government; and any regulation so made may be altered or rescinded by the Authority in exercise of its powers under sub-section (1) Section58 Laying of rules and regulations before Parliament Every rule and every regulation made under this Act shall be laid, as soon as may be after such rule or regulation is made, before each House of Parliament, while it is in session, for a total period of thirty days which may 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 successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation, or both Houses agree that the rule or regulation should not be made, the rule or regulation shall, thereafter, have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.] Section59 Dissolution of the Authority (1) Where the Central Government is saitsfied that the purposes for which the Authority was established under this Act have been substantially achieved so as to render the continued existence of the Authority in the opinion of the Central Government unnecessary, that Government may by notification in the Official Gazette declare that the Authority shall be dissolved with effect from such date as may be specified in the notification; and the Authority shall be deemed to be dissolved accordingly.
(2) From the said date (a) all properties, funds and dues which are vested in, or realisable by, the Authority shall vest in, or be realisable by, the Central Government;
(b) all nazul lands placed at the disposal of the Authority shall revert to the Central Government;
(c) all liabilities which are enforceable against the Authority shall be enforceable against the Central Government; and (d) for the purpose of carrying out any development which has not been fully carried out by the Authority and for the purpose of realising properties, funds and dues referred to in clause (a), the functions of the Authority shall be discharged by the Central Government. Section60 Repeal, etc. and savings (1) As from the date of the constitution of the Authority, (a) the United Provinces Town Improvement Act, 1919 (U.P. Act VIII of 1919), shall cease to have effect in the Union territory of Delhi; and (b) the Delhi (Control of Building Operations) Act, 1955, shall stand repealed.
(2) Notwithstanding the provisions of sub-section (1) (a) every officer and other employee serving under the Delhi Improvement Trust or the Delhi Development (Provisional) Authority immediately before the date of the constitution of the Authority shall, on and from such date, be transferred to and become an officer or other employee of the Authority with such designations as the Authority may determine and shall hold office by the same tenure, as the same remuneration and on the same terms and conditions of service as he would have held the same if the Authority had not been constituted, and shall continue to do so unless and until such tenure, remuneration and terms and conditions are duly altered by the Authority:
Provided that any service rendered by any such officer or other employee before the constitution of the Authority shall be deemed rendered to be service thereof under it:
Provided further that the Authority may employ any such officer or other employee in the discharge of such functions under this Act as it may think proper and every such officer or other employee shall discharge those functions accordingly, (b) anything done or any action taken (including any appointment, delegation, notification, order, scheme, permission, rule, bye-law, regulation or form made, granted or issued) under any of the aforesaid Acts, shall, so far as it is not inconsistent with the provisions of this Act, continue in force and be deemed to have been done or taken under the provisions of this Act unless and until it is superseded by anything done or any action taken under the said provisions;
(c) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the Delhi Improvement Trust or the Delhi Development (Provisional) Authority shall be deemed to have been incurred, entered into or engaged to be done by, with or for the Authority;
(d) all properties movable and immovable vested in the Delhi Improvement Trust or the Delhi Development (Provisional) Authority shall vest in the Authority;
(e) all rents, fees and other sums of money due to the Delhi Improvement Trust or the Delhi Development (Provisional) Authority shall be deemed to be due to the Authority;
(f) all suits, prosecutions and other legal proceedings instituted or which might have been instituted by, for or against the Delhi Improvement Trust or the Delhi Development (Provisional) Authority may be continued or instituted by, for or against the Authority.