 the deliu (control of building " operations) bill, 1955(as lntltoducbd ~n lok sabra)  bill, 1955 (as introduced in lok sabra) a billx of ib91 to provide for the control of building operations in delhi be it enacted by parliament in the sixth year of the republic of india as follows :-1 (1) this "act may be cailed the delhi (control of operations) act, 1955 building short title, extent, commencement and duration s (2) it extends to the whole- of the state of delhi -(3) it shall be deemed to have come into force on the 22nd day of october, 1955, and s~all cease to have effect on the 1st day of january, 1957, except as respects things done or omitted to be done before such cesser of operation of this act, and section 6 of the 10 general clauses act, 1897, shall apply upon such cesser of operation as if it had then been repealed by a central act 2 in this act, unless the context otherwise requires,-definitions (a) 'amenity' includes roads, water supply, street lighting, drainage, sewerage, public parks and any other convenience is which the authority constituted under section 3 may, by notification in the official gazette, specify to be an amenity for the purposes of this act; (b) 'building' means any structure or erection or part of a structure or erection which is intended to be useo for residen-20 tiai, commercial, industrial or other purposes, whether in actual use or not; (c) 'controlled area' means any area in respect of which a declaration has been made under section 4; (d) 'delhi' except where it occurs in the expression 'state 2s of delhi', means such area in the state of delhi as the central government may, by notification in the official gazette, specify; (e) 'development', with its grammatical variations and cognate expressions, means the carrying out of building, engineering, mining or other operations in, on, over or under 30 land or the making of any material change in any buildings or land; , (f) 'prescribed' means prescribed by regulations made under this act;" punjab act 5 iii of 1911 10 (g) 'to erect' in relation to any building has the same meaning as the expression 'to erect or re-erect' in clause (5) of section 3 of the punjab municipal act, 1911 r;:o pelhi 3 (1) the central government shall, as soon as may be after pro':1t:i't the commencement of this act, constitwte for t11e purposes of authority this act an authority to be called the delhi development provisional authority (hereafter in this act referred to as the authority)  (2) the authority shall consist of the following members, namely:-i (a) the chief commissioner of the state of delhi, ex-officio, who shall be the chairman of the authority; (b) three representatives of the central government to be is nominated by that government, one from the ministry of finance, one from the ministry of health and one from the-ministry of works, housing and supply; (c) two representatives of the delhi state government to be nominated by that government; 20 cd) the president of the new delhi municipal committee er-c:ifficio; (e) the president of the delhi municipal committee, e:r-oj1icio ; (f) the chairman of the delhi improvement trust, 25 ez-ofjicio; (3) the number of members necessary to form a quorum and the procedure to be followed by the authority in the conduct of its business shall be such as may be prescribed (4) the functions of the authority may be exercised notwith- 3g standing any vacancy therein (5) the chairman of the delhi improvement trust besides being a member of the authority shall also be the secretary thereof; and the central government spall provide the authority with' such clerical and other staff as that government considers necessary 3' (6) all action taken by the authority shall be expressed to be taken in -the name of the authority; and orders and other instruments made and executed in the name of the authority shall be authenticated in such manner as may be prescribed and the validity of an order or instrument which is so authenticated shall not be 40 called in question on the ground that it is not an order or instrument made or executed by the authority 4 if, in the qpinion of the authority, any area within delhi declaratiaa requires to be controlled under this act with a view to the of controued prevlention of bad laying out of land; haphazard erection of buildings area or growth of sub-standard colonies or with a view to the develop-'jilent and expansion of delhi according to proper planning, it may, by notification in the official gazette, declare the area to be a controlled area - 5 the authority may, by notification in the official gazette, issue power 'to in relation to any controlled area such directions as may be con- i~lue ~ 10 sidered necessary regarding anyone or more of the following =-:3 relmatters, namely:-controlled area •• (a) the division of any site into plots for the erection of buildings and the manner in which such plots may be allotted to intending purchasers or lessees; 15 (b) the allotment or reservation of land for roads, open spaoes, gardens, recreation grounds, schools, markets and other public purposes; (c) the development of any site into a townshdp or colony and the restrictions and conditions subject to which such develop-20 ment may be undertaken or carried out; (d) the enection of buildings on any site and the restrictions and conditions in regard to the open spaces to be maintained in or around buildings and the height and character of buildings; (e) the alignment of buildings ·on any site; (f) the architectural features qf the elevation or frontage of any building to be erected on any site; (g) the number of residential buildings which may be rected on any site; 30 (h) the amenities to be provided in relation to any site or buildings on such site whether before or after the erection of buildings and the person or authority by whom such amenities are to be provided; 35 (i) the prohibition or restrictions regarding erection of shops, workshops, warehouses or factories or buildings of a specified: architectural feature or buildings designed for particular purposes in any locality;  (j) the maintenance of walls, fences, hedges or any other structural or architectural construction and the height at whieh they shall be maintained: (k) the restrictions regarding the use of any site for purposes other than the erection of buildings; (l) any other matter which is necessary for the proper planning of any controlled area and for preventing buildings being erected haphazardly in such area control of 6 no person shall undertake or carry out the development of develo~m~nt any site in any controlled area or erect any building or make dt 5 and bulldmg '    operations extend any excavation ot: layout any means of access to a road in in controlled such area except in accordance with the directions, if any, issued areas under section 5 and with the previous permission of the authority in writing applicatiol 7 (1) every person desiring to obtain the permission referred 10 ~i~l~rmi8 to in section 6 shall make an application in writing to the authority in such form and containing such information as may be prescribed in respect of the development, building, excavation or means of access to which the application relates (2) on receipt of such application the authority, after making 15 such enquiry as it considers necessary in relation to any direction which may have been issued under section 5 or in relation to any other matter, shall, by order in writing, eith~r grant the permission, subject to such conditions, if any, as may be specified in the order or refuse to grant such permission 20 (3) where permission is refused, the grounds of such refusal shall be communicated to the applicant in the prescribed manner 8 the authority may authorise any person to enter into or upon any site or building with or without assistants or workmen for the powers of (jury on buildinas or land p~ose of-25 (a) making any enquiry, inspection, measurement or survey or taking levels of such site or buildings; (b) examining works under construction or ascertaining the course of sewers or drains; (e) ascertaining whether any site is being or has 'been 30 developed or any building is being or has been erected in contravention of any direction issued under section 5 or without the permission referred to in section 6 or in contravention of any condition subject to which such permission has been granted: 35 provided that no entry shall be made except between the hours of sun-rise and sun-set and without giving not less than twentyfour hoth's written notice to the occupier, or if there be no occupier, to tbe o~r of the building or land pcoaltiel 9 (1) any person who undertakes or carries out the develop- 40 ment of any site or erects any building or makes or' extends any excavation or lays out any means of access to a road in contravention of any direction issued under section 5 or without the permission referred to in section 6 or in contravention of any condition subject to which such permission has been grant,ed shall be punishable with fine which may extend to ten thousand rupees and in the case of a continuing offence, with a further fine which may s extend to five hundred rupees for every day during which such offence continues after conviction for the first commission of the - offence: (2) any person who obstructs the entry of a person authorised under section 8 to enter into or upon any building or land or molests 10 such person after such entry shall be punishable with fine which may extend to one thousand rupees (3) if the person committing an offence under this act is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the con-15 duct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this act 20 if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence (4) notwithstanding anything contained in sub-section (3), where an offence under this act has been committed by a 25 company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director or manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable 30 to be proceeded against and punished accordingly explanation-for the purposes of this section,-(a) 'company' means a body corporate and includes a firm or other association of individuals; and (b) 'director' in relation to a firm means a partner in the firm 35 10 where the erection of any building has been commenced or order of  b· ·ed h bit d  t t· f ny demolition is emg carri on or as een comp e e m con raven ion 0 a of buildings direction issued under section 5 or without the permission referred in certain to in section 6 or in contravention of any condition subject to which cases 40 such permission has been granted, the authority may, in addition to any prosecution that may be instituted under this act, make an order directing that such erection shall be demolished by the owner thereof within su!h period not exceeding two months as 5 jurisdiction of col:rts may be specified in the order, and on the failure of the owner to comply with the order the authority may itself cause the erection to be demolished and the expenses of such demolition shall be recoverable from the owner in the same manner as an arrear of land revenue: provided that no such order shall be made unless the owner has been given an opportunity of being heard 11 no court inferior to that of a magistrate of the first class shall try an offence punishable under this act previo\'s 12 no prosecution for any offence punishable under this act 10 s~nc~onhof shall be instituted except with the previous sanction of the au-~i~ oru~fficer thority or an officer authorised by the authority in this behalf authorised by it for prosecution magistrate's {':lwer to impose enhanced penalties power to delegate 13 notwithstanding anything contained in section 32 of the code of criminal procedure, 1898, it shall be lawful for any court of a magistrate of the first class to pass any sentence authorised by 15 this act, in excess of its powers under the said section 14 the authority may, by notification in the official gazette, direct that any power exercisable by it under this act may also be exercised in such cases and subject to such conditions, if any, as may be specified in the notification, by such officer as may 20 be mentioned therein  15 any order made under sub-e:'!ction (2) of section 7 refusing  or granting any permission shall be final and shall not be questioned in any court : orders grantkg or refusing permission to be final - provided that where the power exercisable under sub-section (2) 25 of section 7 has been delegated to any officer referred to in section 14, an-y person aggrieved by an ord~r of such officer may, within thirty days from the date of such order, prefer an appeal to the authority; and the order of the authority on appeal shall be final and shall not be questioned in any court 30 protection 16 no suit, prosecution or other legal proceeding shall lie against of action -taken ;n any persop for anything which is in good faith done or intended to good faith be done under this act or the regulations made thereunder bpft'e~ of of 17 the 'provisions of this act shall have effect notwitlrrovlslons d' h"  h ' the act instan 109 anyt 109 loconsistent t erewlth contained in any other 3s consistent law with other - laws sa "ings 18 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 40 materially affect the external appearance of the building j (b) the carrying out by any local authority in the state of delhi or the delhi improvement trust or any department of the central government or of the delhi state government of any works for the purpose of inspecting, repairing, or renewing any sewers, mains pipes, cables or other apparatus, including the breaking open of any street or other land for that purpose; 10 (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 buildings upon land included in the inhabited site of any village as defined in revenue records; (e) the erection of a place of worship or a tomb or cenotaph or of a wall enclosing a graveyard, place of worsh~p, cenotaph or samadhi, on land which at the commencement of this act is occupied by or for the purposes of such place of worship, tomb, cenotaph, graveyard or samadhi; (f) excavations (including wells) made in the ordinary course d agricultural operations; - 20 (g) the construction of unmetalled road intended to give' access to land solely for agricultural purposes 19 (1) the authority, with the previous approval of the central :~;~~_ government, may, by notification in the official gazette, make regu- lations lations to carry out the pur'poses of this act: 25 provided that the central government may make the first regulations under this section and any regulation so made may be altered or rescinded by the authority in exercise of the powers conferred by this section (2) in particular and without prejudjce to the generality of the 30 foregoing power, such regulations may provide for all or any of the following matters, namely:-35 (a) the summoning and holding of meetings of the authority, the time and place where such meetings are to be beld, the procedure to be followed by the authority, the conduct of all business to be transacted by the authority and the number of members necessary to form a quorum; (b) the manner of authentication of orders and other instruments of the authority; (c) the form in which an application under sub-section (1) 40 of section 7 shall be made and the information to be furnished in such application; (d) the regulation of the laying out of means of access to roads; (e) the principles under which applications for permission under this act may be granted; (f) the officers to whom powers may be delegated under section 14; (g) any other matter which has to be, or may be, prescribed s (3) all regulations made under this act shall, as soon as may be after they are made, be laid before both houses of parliament 20 the delhi (control of building operations) ordinance, 1955 is hereby repealed repeal of ordinance 5 of 1955  statement of'objects and reasonswith a view to the speedy and efficient handling of the land and housing problem in delhi, it is proposed that there should be a single authority to deal with the planning and dev~lo(pment of the urban area of delhi instead of the' existing multiple auth~ri­ties operating in the field the constitution of- such an authority is, however, likely to take some time as the legislation for the purpose will be an involved one meanwhile, large number of buildings were being put up in a haphazard way in and around delhi and none of ·the existing authorities had necessary legal powers to check, control or regulate th&e building activities as such large scale and haphazard construction would give rise to additional slums in the capital which would ultimately constitute a potential danger to the health of the citizens and spoil the architectural layout of the city, the delhi (control of building operations) ordinance 1955 (5 of 1955) was promulgated on the 22nd october, 1955 under the provisions of this ordinance the delhi development provisional authority has been constituted to prevent haphazard construction the present bill seeks to enact the provisions of the said ordinance as an act of parliament amrit kaur  , new delhi; the 25th november, 1955 the bill involves expenditure to the central government on account of the staff and contingencies of the delhi development provisional authority,· the constitution of which is provided for udder clause30f the bill according to the present rough esti--~ates, the expenditure from the consolidated fund on account of the bill is not expected to exceed rs 1,17,000/- during the year 1955-56 and rs 5 lakhs during the year 1956-57  explanatory memorandum regarding delegated _ legislationin clause 19 of the bill, it is proposed -to delegate to the delhi development provisional authority the powers to make regulations to carry out the purposes of the bill the powers proposed to be delegated to the authority relate to the various items connected with the day-to-day administration of the authority only and do not involve any important matters of policy all local bodies are generally vested with such powers for administrative convenience and with a view not to make the bill unnecessarily cumbersome, it is proposed to leave the framing of regulations to the authority itself the delegation of legislative powers is of a normal type a bill to provide for the control of building operations in delhi· the president has, in pursuance of clause (3) of article 117 of the constitution of india, recommended to lok sabha the consideration of the bill m n kaul, secretary (rajkwnari amrit kaur, minister of health) 