 the delhi development bill, 1957( as be introduced in lok sabha )  contents chapter i preliminary clauses1 short title, extent and commencement 2 definitions  chapter iithe delhi development authority and its objects 3 the delhi development authority 4 staff of the authority 5 advisory council 6 objects of the authority  chapter iii master plan and zonal development plans7 civic survey of, and master plan for delhi 8 zonal development plans 9 submission of plans to the central government for approval 10 date of operation of plans  chapter iv development of lands11 declaration of development areas and development of land in those and other areas 12 applicatiop for permission  cha~ter v acquisition and disposal of land1a compulsory acquis'ition of land 14 compensation for com~ulsory acquisition of land 15 appeal to the district judge against decision of the collector 16 disputes as to apportionment of the compensation 17 payment of compensation or deposit of the same in court  clauses18 investment of the amount of compensation deposited in court 19 disposal of land by the authority 20 nazul lands  chapter vi finance, accounts and audit21 fund of the authority 22 budget of the authority 23 accounts and audit 24, annual report 25 pension and provident fund  chapter vii supplemental and miscellaneous provisions26 powers of entry 27 penalties 28 order of demolition of building 29 power of authority to stop building openations 30 offences by companies 31 fines when realised to be paid to authority 32 composition of offences 33 default powers of authority 34 power of authority to require local authority to assume responsibility for amenities in certain cases 35 power of authority to levy betterment charges 36 control by central govei'll;ment 37 38 39 40 41 42 43 " 44 returns and information service of notices, etc   public notice how to be made known notices, etc, to fix reasonable time authentication of orders gnd documents of the authority members and officers to be public servants jurisdiction of courts sanction of prosecution magistrat~'s power to impose enhanced penalties protection of action taken in good faith 45 46  clauses47 power to delegate 48 act to over-ride other laws 49 savings 50 plans to stand modified in certain roses 51 power to make rules 52 power to make regulations 53 laying of rules and regulations before parliament 54 dissolution of the authority 55 repeal, etc, and savings  the delhi development bill, 1957 (to be introduced in lok sabha) a billfo provide for the development of delhi according to plan and 10'f' matters ancillary thereto be it enacted by parliament in the eishth year of the republto qf india aj; follows:-chapter i priliminary s 1, (/) this act may be called the delhi development act, 1~57 short title, (2) it extends to the whole of the union territory of delhi :e-=-(3) it shall come into force on such d~~e as the central govern- mont ment may, by notification in the official gazette, appoint 2 in this act, unless the context otherwise requires,-definitions 10 (a) "amenity" includes road, water supply, street lighting, drainage, sewerage, public works and such other convenience as the central government may, by notification in the ofbclal gazette, specify to be an amenity for the purposes of this act; (b) "building" includes any structure or erection or part of i~ a structure or erection which is intended to be used for residential, industrial, commercial or other purposes, whether in actual use or not; (c) "building operations" includes rebuilding operations, structural alterations of or additions to buildings and other 20 operations normally undertaken in connection with the construction of buildings; (d) "development" with its grammatical variations means the carrying out of building, engineering, mining or other operations in, on, over or under land or the making of any material change in any building or land and includes redevelopment; (e) "development area" means any area declared to be a 5 development area under sub-section (1) of section 11; (f) "engineering operations" includes the formation or laying out of means of access to a road; (g) "means of access" includes any means of access whether private or public, for vehicles or for foot passengers, and in- fo eludes a road; (h) "regulation" means a regulation made under this act by the delhi development authority constituted under section 3; (i) "rule", means a rule made under this act by the central government; (j) "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; and punjab a'i 3 of 1911, (k) "zone" means anyone of the divisions in which delhi may be divided for the purposes of development uncier this act 20  chapter n the delhi development authority and its objectsthe delhi 3 (1) as soon as may be after the commencement of this act; the =;nent cent~ai government shall, by notification in the official gazette, y constitute for the purposes of this act an authority to be called- the 25 delhi development authority (hereinafter referred to as the autbority) (2) the authority shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable 30 and to contract and shall by the said name sue and be sued (3) the authority shall consist of the following members, namely:-(a) a chairman who shall be the administrator of the union territory of delhi, ex-officio;' 35 (b) a vice-chairman to be appointed by the central government from amongst officers of that government; (c) a finance and accounts member to be appointed by tht: central government; (d) an engineer member to be appointed by the central government; (e) two representatives of the municipal corporation of delhi to be selected by the councillors of the corporation from 5 among themselves; and (f) the commissioner of the municipal corporation of delhi, ex-officio (4) the vice-chairman, the finance and accounts member and the engineer member shall be whole-time paid members of the autho-10 rity and shall be entitled to receive from the funds of the authority such salaries and such allowances, if any, and governed by such conditions of service as may be determined by rules made in this behalf i (5) a representative of the municipal corporation of delhi elect 15 ed under clause (e) of sub-section (3) may be paid from the funds of the authority such allowances, if any, as may be fixed by the central "government in this behalf (6) the vice-chairman, the finance and accounts member and the engineer member shall hold office during the pleasure of the central 20 government (7) save as provided in sub-section (8) a representative of the municipal corporation of delhi shall hold office for a term of three years from the date of his election to the authority and shall be eligible for re-election: 2s provided that such term shall come to an end as soon as he ceases to be a councillor of the said corporation (8) a representative of the municipal corporation of delhi elected under clause (e) of sub-section (3) to fill a casual vacancy shall conti1'l:ue in office for the remainder of the term of the member 30 in whose place he is elected (9) a member other than an ex-officio member may resign his office by writing under his hand addressed to the central government but shall continue in office until his resignation is accepted by that government 35 (10) no act or proceedings of the authority shall be invalid by reason of the existence of any vacancy in, or defect in the constitution of, the authority 4 (1) the central government shall appoint two suitable per- stalfoltls_ sons respectively as the secretary and the chief accounts officer of authority 40 the authority who shall exercise such powers and perform such 1170 ls-2 - duties as may 'be prescribed by regulations or delegated to them by the authority or the chairman (2) subject to such control and restrictions as may be prescribed by rules, the authority mayappoinf such number of other officers and employees (including experts for technical work) as may be s necessary for the ~fticient performance of its functions and may determine their designations and grades (3) the secretary, chief accounts officer and other officers and employees of the authority shall be entitled to receive from the funds of the authority such salaries and such allowances, if any, 10 and shall be governed boy such conditions of service as may be determined by regulations made in this behalf adviloi)' council 5 (1) the authority shall, as soon as may be, constitute an advisory council for the purpose of advising the authority on the preparation of the master plan and the zonal development plans and is generally on the planning of development of delhi and on such other matters arising out of, or in connection' with, the administration of this act as may be referred to it by the authority (2) the advisory council shall consist of the following members, namely:-20 (a) the chairman of the authority, ex-officio, who shall b~ the president; (b) two persons with knowledge of town planning or architecture to be nominated by the central government; (c~ one representative of the' health services of delhi 25 administration to be nominated by the central government; -(d) four representatives of the municipal corporation of delhi'to be elected by the councillors from among themselves;  (ej three persons representing the delhi electric supply committee, the delhi transport committee and the delhi water 30 supply and sewage disposal committee of the said corpora  tion, of whom-(i) one shall be elected, by the members of the delhi electric supply committee from among themselves; (ii) one shall be elected by the members of the delhi 3s transport committee from among themselves; and , '  ~ : (iii)'bne shall be elected by the members of the delhi water supply rnd sewage disposal committee from among themselves '  (f) three persons to be nominated by the central government of whom one shall represent the interests of commerce and industry and one, the interests of labour, in delhi; (g) 'four persons from the technical departments of the central government to be nominated by that government; and 10 (h) three members of purliament of whom two shall be members of the house of the people and one shall be a member of the council of states to be elected respectively by the members of the house of the people and the members of the councl1 of states (3) the council shall meet as and when required to do so by the authority and shall have the power to regulate its own procedure (4) an elected member shall hold office for a term of three years from the date of his election to the council and shall be eligible for is re-election: provided that such term shall come to an end as soon as the member ceases to be a member of the body from which he was elected 6 the objects of the authority shall be to promote and secure ~bj:\t8hf  20 the development of delhi according to plap and for that purpose the ~~ ut 0-authority shall have the power to acquire, hold, manage and dispose of land and other property, to carry out building, engineering, mining and other operations, to execute works in connection with supply of water and -electricity, disposal of sewage and other services and 25 amenities and generally to do anything necessary or expedient fof' purposes of such development and for purposes incidental thereto: provided that save as provided in this act, nothing contained in this act shall be construed as authorising the disregard by the authority of any law for the time being in force  charter iii master plan and zonal development plans7 (1) the authority shall, as soon as may be, ~arry out a civic civic s'u1'wj 'f d 't 1 f d' lhi of and survey 0 ,an preijll'e q mas er p an or, e  muter plan h i h 11" for, de1bi (2) t e master pans a -" 3' (a) define the various zones into which delhi may be divided fo, the purposes of development and indicate the manner in which the land in each zone is proposed to be used (whether by the carrying out thereon of development or ot~erwfse) and the stages by which any iiiucp development shall be oarried out; and (b) serve as a basic pattern of frame-work within which the zonal development plans of the various zones may be prepared 8 (1) simultaneously with the preparation of the master plan or as soon as may be thereafter, the authority shall proceed with the preparation of a zonal development plan for each of the zones into which 5 delhi may be divided (2) a zonal development plan shall-(a) contain a site-plan and use-plan for the development of the zone and show the approximate locations and extents of landuses proposed in the zone for such things as public buildings and 10 other public works and utilities, roads, housing, recreation, industry, business, markets, schools, hospitals and public and private open spaces and other categories of public and private uses; (b) specify the standards of population density and building density; 15 (c) show every area in the zone which may, in the opinion of the authority, be required or declared for development or redevelopment; and (d) in particular, contain provisions regarding all or any of the following matters, namely:- 20 (i) the division of any site into plots for the erection of buildings; ::  (ii) the allotment or reserwtion of land for roads, open spaces, gardens, recreation grounds, schools, markets and ,other public purposes; 2s ,  r (iii) the development of any area into a township or colony and the restrictions and conditions subject to which such development may be undertaken or carried out; (iv) the erection of buildings on any site and the restrictions and conditions in regard to the open spaces to be 30 maintained in or around buildings and height and character of buildings; (v) the alignment of buildings on any site; ,':: ,-~ -(vi) the architectural features of the elevation or front- age of any building to be erected on any site; 35 ~  '( '  (vii) the number of residential buildings which may be erected on any plot or site; (viii) 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 or at whose expense such amenities are to be provided; (lx) the prohibitions or restrictions regarding erection of shops, workshops, warehouses or factories or buildings of a specified architectural feature or buildings designed for particular purposes in the locality; s (x) the maintenance of walls, fences, hedges or any other structural or architectural construction and the height at which they shall be maintained; (xi) the restrictions regarding the use of any site for purposes other than erection of buildings; and 10 (xii) any other matter which is necessary for the proper development of the zone or any areas thereof according to plan and for preventing buildings being erected haphazardly in such zone or area 9 (1) in this section and in sections 10 and 11, the word "plan" ~f~~:~~fhe 15 means the master plan as well as the zonal development plan for a central government for approval zone (2) every plan shall, as soon as may be after its preparation, be submitted by the authority to the central government for approval and that government may either approve the plan without 20 modifications or with such modifications as it may consider necessary or reject the plan with directions to the authority to prepare a fresh plan according to such directions 10 immediately after a plan has been approved by the central date of government, the authority shall publish in such manner as may be °f:~:~ion of 25 prescribed by regulations a notice stating that a plan has been ap- p proved and naming a place where a copy of the plan may be inspected at a reasonable hours and upon the date of the first publication of the aforesaid notice the plan shall come into operation  chapter iv development of lands11 (1) as soon as may be after the commencement of this act the declaration central government after consultation with the authority and the ~e~~~~~­municipal corporation of delhi, may, by notification in the official and develop- - ment of land gazette, declare any area in delhi to be a development area for the in those and 35 purposes of this act other areas (2) save as otherwise provided in this act, the authority shall -not undertake or carry out any de",elopment of land in any area which is not a development area (3) ~fter the commencement of this act but before the comng into operation of any of the plans in a zone no development of land in any development area in the zone shall be undertaken or carried out by any person or body (including a development of government) unless permission for such development has been obtained in writ-s lng from the authority (4) after the coming into operation of any of the plans in a zone no development of land shall be undertaken or carried out-(a) in any development area in the zone-(j) by the authority itself except in accordance with 10 such plans; (2) by any person or body (including a department of governemnt)-(i) except in accordance with such plans; and (ii) unless permission for 'such development has is been obtained in writing from the authority; (b) in any area other than a development area in the, zone, by any person or body (including a department of government) except in accordance with such plans (5) notwithstanding anything contained in sub-sections (3) and 20 (4) development of any land begun by any department of government before the commencement of this act may be completed by that department without compliance with the requirements of those sub-sections application for pennislio,l 12 (1) every person or body (including a department of govern- 2s ment) desiring to obtain the permission referred to in section 11 shall make an application in writing to the authority in such form and containing such particulars in respect of the development to which the application relates as may be prescribed by regulations (2) every application under sub-section (1) shall be accompanied 30 by such fee as may be prescribed by rules: provided that no such fee shall be necessary in the case of an application made by a department of the government (3) on the receipt of an application for permission under subsection (1), the authority after making such inquiry as it considers 35 necessaz:y in relation to any matter specified in clause (d) of subsection' (2) of section 8 or in relation to any other matter, shall by order in writing, either grant the permission, subject to such conditions, if any, as may be spe~ified jn the order or refuse to grant such    permission: ,,0 provided that before making an order refusing such permission, the applicant shall be given a reasonable opportunity to show cause why the permission should not be refused (4) where permission is refused, the grounds of such refusal shall 5 be communicated to the applicant in the manner prescribed by regulations (5) the authority shall keep in such form as may be prescribed by regulations a register of applications for permission under this section  10 (6) the said register shall contain such particulars including information as to the manner in which applications for permission have been dealt with as may be prescribed by regulations and shall be available for inspection by any member of the public at all reasonable hours on payment of such fee not exceeding rupees five as 15 may be prescribed by regulations (7) wnere permis;;ion is refused under this section, the applicant or any person claiming through him shall not be entitled to get refund of the fee paid on the application for permission but the authority may, on an application for refund being made within 20 three months of the communication of the grounds of the refusal under sub-section (-1) direct refund of such portion of the fee as to it may seem proper in the circumstances of the case  chapter v acquisition and disposal of land25 13 (1) if any land is required by the authority for purposes of comp,:,lsory development or any other functions of the authority under this act, ~~~~10n the authority may acquire such land by publishing in the official gazette a notice specifying the particular purpose for which such land is required and stating that the authority has decided to ac-30 quire the land in pursuance of this section (2) before publishing such notice, the authority shall call upon the owner of the land and any other person who in the opinion of the authority may be interested therein, to show cause why the land should not be acquired 35 (3) after considering the cause, if any, shown by the owner of  the land and by any other person interested therein and after giving such owner and person an opportunity of being heard, the authority may pass such orders as it deems fit (4) when a notice under sub-section (1) is published in the 040 official gazette, the land shall on and from the date of such publication, vest absolutely in the authority free from all encumbrances compensation for compulsory acquisition ofland 14 (1) where any land is acquired by the authority under this act, the authority shall pay for such acquisition, compensation the amount of which shall be determined in accordance with the provisions of this section (2) where the amount of compensation can be determined by 5 agreement between the authority and the person to be compensated, it shall be determined in accordance with such agreement (3) where no such agreement can be reached, the authority shall refer the case to the collector for determination of the amount of compensation to be paid for such acquisition as also the person 10 or persons to whom such compensation shall be paid (4) before finally determining the amount of com~nsation, the collector shall give an opportunity to every person to be compen  sated to state his case as to the amount of compensation (5) in determining the amount of compensation, the collector js shall be guided by the following principles, namely:-(a) no allowance shall be made on account of the acquisition being compulsoij:; (b) the value of the land shall, subject as hereinafter provided, be taken to be the amount which the land if· sold in the 20 optm market by a willing seller might be expected to realise: provided that the collector shall be entitled to consider all returns and assessments of capital value for taxation made or acquisced in by the person to be compensated (c) the value of the land under clause (b) shall be deter- 25 mined on the assumption that permission for development under this act would be granted only for development within the range of existing use of the land at the time of its acquisition and would not be granted for any other development; (d) the special suitability or adaptability of the land for 30 any purpose shall not be taken into account if that purpose it a purpose to which it would be applied only in pursuance of statutory powers, or for which there is not a market apart from the special needs of a particular purchaser or the requirements of any department of government or any local or public authority 35 (e) where the value of the land is increased by reason of the use thereof or of any premises thereon in a manner which could be restrained by any court, or is contrary to law, or is detrimental to the health of the inmates of the premises, or to public health, the amount of that increase shall not be take!}' into account (6) for the purpose of determining the amount of compensation-s (a) the collector shall have the power to require any per-ion to deliver to him such returns and assessments as he con siders necessary; (b) the collector shall also have the power to require any person known or believed to be interested in the land to deliver 10 to him a statement containing, as far as may be practieable, the name of every other person having any interest in the land as co-owner, mortgagee, tenant or otherwise, and the nature of such interest, and of the rents and 'proftts (if any) received or receivable on account thereof for three years next preceding 15 the date of the statement (1) every person required to deliver a return, assessment or statement under sub-section (6) shall be deemed to be legally bound to do so, within the meaning of section 175 and section 176 of the indian penal code 20 (8) the collector may hear expert witnesses if it be necessary  to do so in any particular case (9) the collector shall be entitled to enter on and inspect any land which is the subject of proceedings before him (10) the collector shall dispose of every case referred to him 25 under sub-section (3) for determination of compensation as expeditiously as possible and in any case within such time as may be prescribed by rules (11) the collector shall determine the amount of costs incurred in any case disposed of by him under this section, and by what 30 persons and in what proportions they are to be paid 15 (1) any person aggrieved by the decision of the collector appeal to determining the amount of compensation may within sixty days from the diltrict , the date of such decision appeal to the court of the district judge =mat deci- (j of delhi lion of the ~ eouoctor '  3s (2) the decision of the court of the district judge on such appeal, and subject only to such decision, the decision of the collector determining the amount of compensation shall be final and hall not be questioned in any court 1170 ls-3 l •• ___ - "_ ••• , oiaputeaas to'apportionment of the compelsat ion 16 if any dispute arises 'as to the apportionment of compensation among persons claiming to be entitled thereto the authority shall refer such dispute for the decision of the court of the district judge of delhi and the decision of that court thereon shall be fina1 payment of 17 (1) where the amount of compensation is determined by s =~:~_ agreement, the authority shall pay such amount to the person or lit of tile persons entitled thereto liame in court (2) where the amount of compensation is determined by the collector under the provisions of section 14, the authority shall tender payment of the compensation determined to the persons en- 10 titled thereto according to such determination and shall pay to them unless prevented by some one or more of the contingencies mentioned in the next sub-section (3) if the persons entitled to compensation according to the decision of the collector do not consent to receive it, or if there be 15 no person competent to alienate the land or if there be any dispute as to the title to recieve the compensation, the authority shall deposit the amount of the compensation in the court of the district judge of delhi: provided that any person admitted to be interested may receive 20 such payment under protest as to the sufficiency of the amount of, compensation: provided further that nothing herein contained shall affect the liability of any person who may receive the whole or any part of any compensation determined under this act, to pay the same to the 25 person lawfully entitled thereto investment 18 where any amount of compensation has been deposited in ' :~!~~=;_ court under section 17, the court may either of its own motion or on enllation the application made by or on behalf of any party interested or =ited in claiming to be interested in such amount, order the same to be 30 invested in such government or other approved securities as it may think proper, and may direct the interest or other proceeds of any such investment to be accumulated and paid in such manner as will, in its opinion, give the parties interested therein the same benefit therefrom as they might have had from the land in respect 35 whereof such amount has been deposited or as near thereto as may be disposal of 19 (1) subject to any directions given by the central governland by the ment under this act, the authority may dispose of-authority (a) any land acquired by it without undertaking or carry- 40 ins out any development thereonj or (b) any such land after undertaking or carrying out such development as it thinks fit, to such persons, in such manner and subject to such convenants and conditions as it considers expedient for securing the develop-s ment of delhi according to plan (2) the powers of the authority with respect to the disposal of land acquired by it under this act shall be so exercised as to secure, so far as practicable, that persons who are living or carrying on business or other activities on land so acquired shall, if they desire 10 to obtain accommodation on land belonging to the authority and are willing to comply with any requirements of the authority as to its development and use, have an opportunity to obtain thereon accommodation suitable to their reasonable requirements on terms settled with due regard to the price at which any such land has been is acquired from them: provided that where the authority proposes to dispose of by sale any land without any development having been undertaken or carried out thereon, it shall offer the land in the first instance to the persons from whom it was acquired, if they desire to purchase it 20 subject to such requirements as to its development and use as the authority may think fit to impose (3) nothing in this act shall be construed as enabling the authority to dispose of land by way of gift, mortgage or charge, but subject as aforesaid reference in this act to the disposal of land 25 shall be construed as reference to the disposal thereof in any manner, whether by way of sale, exchange or lease or by the creation qf any easement right or privilege or otherwise - 20 (1) the central government may, by notification in the nazullands official gazette and upon such terms and conditions as may be 30 agreed upon between that government and the authority, place at the disposal of the authority all or any developed and undeveloped lands in delhi vested in the union (known and hereinafter referred to as "nazul lands") for the purpose of development in accordance with the provisions of this act 35 (2) no development of any nazul land shall be undertaken or carried out except by, or under the control and supervision of, the authority after such land has been placed at the disposal of the authority under sub-section (1) (3) after any such nazul land has been developed by, or under 40 the t!ontrol and supervision of, the authority it shall be dealt with by the authority in accordance with rules made and directions given by the central government in this behalf (4) if any nazul land placed at the disposal of the authority under sub-section (1) ~ fequifed ~ any ttaw u1~ by ~ central government, the authority shall, by notification in the official gazette, replace it at the disposal of that government upon such terms and conditions as may be agreed upon between that government and the authority  chapter vi finance accounts and auditfund of the 21 (1) the authority shall have and maintain its own fund to a"thority which shall be credited-(4) all moneys received by the authority from the central government by way of grants, loans, advances ar other- 10 wise; (b) all fees and charges received by the authority under this act; (c) all moneys received by the authority from the disposal of lands, buildings and other properties, movable and immov- is able; and ' (d) all moneys received by the authority by way of rents and profits or in any other manner or from any other source (2) the fund shall be applied towards meeting the expenses incurred by the authority in the administration of this act and for no 20 other purposes (3) the authority may keep in current account of the state bank of india or any other bank approved by the central government in this behalf such sum of money out of its fund as may be' prescribed by rules and any money in excess of the said sum shall 25 be invested in such manner as may be approved by the central government (4) the central government may, after due appropriation made by parliament by lew in this behalf, make such grants, advances and loans to the authority as that government may deem necessary 30 for the performance of the functions of the authority under this act; and all grants, loans and allowances made shall be on such terms and conditions as the central government may determine ~t of %2 the authority shall prepare in such form and at such time :~ uthori- every year as may be prescribed by rules a budget in respect of the 35 financial year next ensuing showing the estimated receipts and expenditure of the authority and shall forward to the central government such number of copies thereof as may be prescribed by rules wxiounu and 23 (1) the authority shall maintain proper accounts and other 4q udit  relevant records and prepare an annual statement of a~ounts in-ci\j,4ine the balance-sheet in such form as the central government may by rules prescribe in consultation with the comptroller and auditor general of india (2) the accounts of the authority shall be subject to audit annually by the comptroller and auditor general of india and any ex-5 penditure incurred by him in connection with such audit shall be payable by the authority to the comptroller and auditor general of india (3) the comptroller and auditor general of india and any per- son appointed by him in connection with the audit of accounts of the 10 authority 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 15 papers and to inspect the office of the authority (4) the accounts of the authority as certified by the comptroller and auditor general of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government 20 shall cause a copy of the same to be laid before both houses of parliament 24 the authority shall prepare for every year a report of its annubi activities during that year and submit the report to the central gov- report ernment in such form and on or before such date as may be pres-25 cribed by rules, and that government shall cause a copy of the report to be laid before both houses of parliament 25 (1) the authority shall constitute for the benefit of its whole- pens!don and     provl cnt time paid members and of its officers and other employees in such fund manner and subject to such conditions, as may be prescribed by 30 rules,such pension and provident funds as it may deem fit   (2) where any such pension or provident fund has been constituted, the central government may declare that the provisions of the provident funds act, 1925, shall apply to such fund as if it were a government provident fund  chapter vii 3s supplemental and miscellaneous provisions26 the authority may authorise any person to enter into or powers or upon any land· or building with or without assistants or workmen entry for the purpose of-(a) making any enquiry, inspection, measurement or survey or taking l~vels of such land or building; (b) examining works under construction and ascertaininl course of sewers and drains; the (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 s 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 11 or in contravention of any condition subject to which such 10 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 15 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 build- 20 ing; (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 25 penalties 27 (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 referred to in section 11 or in contravention of 30 any condition subject to which such permisljion has been granted, shall be punishable with fine which may extend to ten thousand rupees, and in the case of a continuing offence, with further ftne which may extend to five hundred rupees for every day during which such offence continues after conviction for the first commis- 35 sion of the offence (2) any person who obstructs the entry of a person authorised under section 26 to entel' 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 wtth ~~ wllich may 4q ~ to oqe thaunnd rupees, of with both 28 (1) where th~ erection of any building has been commen~ orcir:t'of and completed in contravention of the master plan or zonal develop- ~~=~ ment plan or without the permission referred to in section 11 or in contravention of any condition subject to which such permission has s been granted, any officer of the authority empowered by it in this behalf 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 such period not exceeding two months as may be specified in the order, and on the failure of the 10 owner to comply with the order, the officer may himself cause the erection to be demolished and the expenses of such demolition shall be recoverable from the owner as arrears of land revenue: provided that no such order shall be made unless the owner has been given an opportunity to show cause why the order should, ,,~t is be made " (2) any person aggrieved by an order under sub-section (1) may appeal to the chairman of the authority against that order within thirty days from the date thereof; and the chairman may after hearing the parties to the appeal either allow or dismiss the appeal " 20 or may reverse or vary any part of the order ' (3) the decision of the chairman on the appeal and subject only to such decision the order under sub-section (1), shall be final and shall not be questioned in any court 29 (1) where the erection of any building has been commenced power of 2, as described in section 28 but has not been completed, the authority ~~th:~~~~~~ may, in addition to any prosecution that may be instituted under ot!rations this act, make an order requiring the building operations in relation to such erection to be discontinued on and from the date of the service of the order 30 (2) any person failing to comply with an order under sub-section (1) 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 (3) no compensation shall be claimable by any person for any 35 damage which he may sustain in consequence of the discontinuance of the erection of any building 30 (1) if the person committing an offence under this act is a ofl'cncc~ by  th ff  ted compllnje8 company, every person, who, at the bme e 0 ence was commit was incharge of, and was responsible to, the company for the conduct 40 of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shan· be liable to be proceeded against and punished accordingly: provided that nothing contained in this sub-section shall redder any such person liable to any punishment provided in this act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such oftence (2) notwithstanding anything contained in sub-section (1) where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such 10 director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly explanation-for the purpose of this section-(a) "company" means a body corporate and includes a firm 15 or other association of individuals; and (b) "director" in relation to a firm means a partner in the firm pines when 31 all fines realised in connection with prosecutions under this =~s:- to be act shall be paid to the authority 20 authority compoaition of offences 32 (1) the authority or any person authorised by it by general or special order in this behalf may either before or after the institution of the proceedings compound any offence made punishable by or under this act , (2) where an offence has been compounded, the offender, if in 25 custody shall be discharged and no further proceedings shall be taken against him in respect of the offence compounded defaull poweraof authority 33 (1) if the authority after holding a local inquiry or upon report from any of its officers or other information in its possession is satisfied that the owner of any land in a development area has failed 30 to carry out any development of the land which in the opinion of the authority ought to be carried out or for which permission has been obtained under this act, it may serve upon the owner a notice requiring him to carry out the development within such time as may be specified in the notice 35 (2) if such development is not carried out within the time specified in the notice, then, the authority may itself carry it out or have it carried out through such agency as it deems 1\t (3) all expenses incurred by the authority or the agency employed by it in carrying out the development together with interest 40 at such rate as the central govemment may by order fix, from the date when a demand for the expenses is made until payment may be recovered by the authority from the owner as arrears of land revenue 34 where any area has been developed by the authority, the power of s authdrity may require the local authority within whose local limits ~~~~~l the area so developed is situated, to assume responsibility for the authc'rity to  t f h  h h h  assume resmam enance 0 t e amenities w ic ave been provided in the area ponsibility , by the authority and for the provision of the amenities which have f~r ~oni­not been provided by the authority but which in i~s opinion should :'~!fn 10 be provided in the area, on terms and conditions agreed upon be cases tween the authority and that local authority; and where such terms and conditions cannot be agreed upon, on terms and condition settled by the central government in consultation with the local authority on a reference of the matter to that government by the autho-is rity 35 (1) where as a consequence of any development having been power?f  authority to carrled out by the authority in any area, the value of any property levy hotterin that area has increased or is likely to increase, the authority shall mont charbe entitled to levy upon the owner of the property an annual better- los 20 ment charge for such term of years and at such percentage of the increase in value not exceeding ten per cent, as may be ftxed by rules made in this behalf: provided that the aggregate amount of the charge so levied shall not exceed one-half of the maximum increase in value during the 2s aforesaid term of years as fixed hereunder (2) the levy of the betterment charge shall, in respect of each property be governed by the following principles, namely:-(a) the market value of the property on the date of commencement of the development in the area shall be estimated without any reference to that development; (b) for each ftnancial year succeeding the year in which the development is commenced by the authority, its market value on the 1st of april of that financial year shall be ascer-tained by the chairman of the authority; 35 (c) if in any ftnancial year the market value as ascertained under clause (b) does not exceed the market value as ascertained under clause (a), no betterment charge shall be levied on the property for that year; (d) if in any financial year the market value as ascertained unaler clause (b) exceeds the market value as ascertained under 40 1170 ls-4 clause (a), the authority shall levy a betterment charge on the diaerence between the two according to the percentage fixed by rules made in this behalf (3) in ascertained the market value of a property under clause (a) or clause ('b) of sub-section (2), the value of buildings or other 5 works erected or in the course of erection on such property shall not be taken into consideration (4) the betterment charge levied under this section shall be payable in such number of instalments and each instalment shall be' payable at such time as may be fixed by rules made in this 10 behalf (5) any arrear of the betterment charge shall be recoverable as an arrear of land revenue controi by 36 (1) the authority shall carry out such directions as may be centrll go- issued to it from time to time by the central government for the is venudcnt 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 20 return and 37 the authority shall furnish to the centrel government such information reports, returns and other information as that government may from time to time require   service of notices, etc '38 (1) all notices, orders and other documents required by this act or any rule or regulation made thereunder to be served upon 25 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 registel'ed office or at its principal office or place of business and is 30 either-(i) sent by registered post, or (ii) delivered at the registered office or at the principal mbce or place of business of the company; (b) where the person to be served ~s a partnership, if the 35 document is addressed to the partnership at its princfpal place of business, identifying it by the name or style under which itlbusiness ilt carried on" and is either:-(i) lent by r~iltered post,or (ii) delivered at the said place of business; (c) where the person to be served is a public body or a eorporation m 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 ofllce; "(d) in any other case, if the document is addressed to the person to be served and-10 (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 ] 5 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 20 "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 agdressed is sent or delivered in accordance with clause id) of sub-section (1); or 25 ~b} if tjae docunumt so addressed or a copy thereof so addressed, is delivefed to som~ person on the land or building or, where there is no person on the land or building to whom it ean' be delivered, is eilxed to some conspicuous part of the land or building 30 (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 doc\lftlent to be served on the owner of any property the secretary to the authority may by 35 notice in writing require the occul>ier (if any) of the property to  sta~ the name and address of the owner thereof (5) where the person on whom a document is to be served is a miidm, the 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 t~~~o n~tic:c 39 every' public notice given under this act shall be in writing made known over the signature of the secretary to the authority and shall be widely made known in the locality to be affected thereby by affixing 5 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 -notices, etc, to filt reasonable time 40 where any notice, order or other document issued or made 10 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 reasonable time for doing the same authentication of orders and documents of the authority 41 all permissions, orders, decisions, notices and other documents 15 of the authority shall be authenticated by the signature of the secretary to the authority or any other officer authorised by the authority in this behalf members 42: every member and every officer and other employee of the and officers authority shall be deemed to be a public servant within the meaning 20 to be public servants of section 21 of the indian penal code 45 of 11160 j un idicti on of courts 43 no court inferior to that of a magistrate of the first class shall try an offence publishable under this act s"nction of 44 no prosecution for any offence publishable under this act shall prosecution be instituted except with the previous sanction of the authority or 25 any officer authorised by the authority in this behalf 45 notwithstanding anything contained in section 32 of the code of criminal procedure, 1898, it shall be lawful for any court of a 5 of 1898 magistrate's power to unpose enhanced penalties magistrate of the first class to pass any sentence aut~orised by this act in excess of its powel's ·under the said section 30 46 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 protection of action taken in good faith power to odepto 47 the authority may, by notification in the official gazette, direct that any power exercisable by it under this act except the 35 power to make regulations may also be exercised by such officer or local authority as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein 48 (1) the provisions of this act and the rules and regulations ai;;t to overmade thereunder shall heve effect notwithstanding anything incon- ride other sistent therewith contained in any other law laws (2) notwithstanding anything contained in any other law-5 (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; 10 (b) when permission for such development has not been obtained under this act, such development shall no~ 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 15 49 nothing in this act shall apply to-savings 20 (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 material-1)' affect the external appearance of the building; (b) the carrying out by any local authority or by any depanment 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; te) 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, araveyard or samadhi; 3s (e) the excavations (including wells) made in the ordinary eourse of agricultural operations; and <f> the construction of unmettalled road intended to give ilccess to land solely for agricultural purposes 50 (1) where any land situated in any area in delhi is required pllnlto d modi by the master plan or a zonal development plan to be kept as an fi:fin -40 open space or un built upon or is designated in any such plan as certain ate, ubject to compulsory acquisition, then, if at the expiration of ten years boom the date of operation of the plan under section 10  or where such larid has been so required or designated by any 8m:endment of such plan, from the date of operation of such amendment, the land is not compulsorily acquired under the provisions of this act or, as the case may be, of any other lew relating to s 8pl}\lisition qf immovable property, by the authority for the time being charged with the development of the area in which the land ~sitlilated _ the owner of the land may serve on the authority a eotice requiring his interest in th~ land to be so acquired - -(2) if the authority for the time being charged with the develop- 10 ment of the area fails to acquire the land within a period of six mcmtils from the date of receipt of the notice, the master plan or, u-:the case may be, the zonat development plan shall have effect, after the expiration of the said six months as if the land were not jrquired to be kept as an open space or unbuilt upon or were not 15 designated as subject tp compulsory acquisition power to 51 (1) the central government, after consultation with the make i'ules authority, may, by notification in the official qizette, make rules to catry out the purposes of this act: provided that consultation with the authority shall not be neces- 20 sary 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 4imeildment of such rules after they are made (2) 111 particular and without prejudice to the generality of the 25 forego,ing power, such rules may provide for all or any of the followin~ matters, namely:-(a) the manner of election of representatives of the municipal corporation of delhi under clause (e) of sub-section (3) of ieqtion 3' 30 ~ -_ - t - -  ~ (b) the salaries, allowances and conditions of service of the ~ole·time paid members of the authority; (c) the control and r~trictions in relation to appomtmeat of c?1jicers and other employees; (d) the form and eontent of the master plan and a zonal 3$ ·devel~nt plan and the procedure to be followed in connection  "with the preparation, submission and approval of such plans; (e) the local inquiries and other hearings that may be held before a plan is approv~; <i> the periodical amendtnent of the master plan and a zonal 0 1 development plan, the period at the expiration of which such amendment may be taken up, the procedure to be followed in making such amendment and the date of operation of such amendment; (g) the fee to be pai~ on an application for permission 1idder 5 sub-section (1) of section 12 and the factors and circumstances to be taken into consideration in determinini such fee; (h) the time within which cases referred to the collector under sub-section (3) of section 14 for determination of compen- tion shall be disposed of; 10 (i) the manner in which nazullands shall be dealt with after development; (j) the procedure for referring any matter to the central government under section 34 for settlement of terms and condi; tions subject to which a local authority may be required to assume is responsibility for amenities in any aree; (k) the term of years for which and the unifonn percentage of the increase in value at which, betterment charges may be levied, the time and instalments for payment of betterment charges and any other ~tter in reletion to the assessment and 20 collection of betterment charges; (t) the sum of money that may be kept in current account; (m) the form of the budget of the authority and the manner of preparing the same;  (n) the form of the balance-sheet and statement of aceounts; (0) the form of the annuiqi report and the date on or before which it shall be submitted to the central government; (p) the manner of constitution of the pension and provident funds for whole-time paid members and officers and other employees of the authority and the conditions subject to which such funds may be constituted; (q) any other matter which has to be or may be prescribed by rules: u (1) the authority may, with the previous approval of the power to central government, make regulations consistent with this act and i!to:~-35 the rules made thereunder, to carry out the purposes of this act, and without prejudice to the generality of this power, such regulatlolls 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; (b) the powers and duties of the secretary and chief accounts officer 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 cal'l'ying out of the functions of 5 the authority under chapter iii; (e) the fonn in which any application for permission under sub-section (1) of section 12 shell be made and the particulars to be furnished in such application; (f) the manner of publication of the notice under section 13; 10 (g) the manner of communicating the grounds of refusal of pennission f~r development; (h) the form of the register of applications for permission and the particulars to be contained in such register; (i) the management of the properties of the authority; and 15 (j) any other matter which has to be, or may be, prescribed by regulations (2) until the authority is established under this act, any regulation which may be made under sub-section (1) may be made 'by the central government; and any regulation so made may be altered 20 or rescinded by the authority in exercise of its powers under subsection (1) laying of rules and regulations befo~ parlilment 53 all rules and regulations made under this act shall be laid for not less than thirty days before each house of parliament 81 soon as may be after they are made and shall be subject to such 25 modifications as parliament may make during the session in which they are so laid or the session immediately following pissolution oftbe authority 54 (1) where the central government is satisfied that the purposes for which the authority was established under this act have been substantially achieved so as to render the continued existence 30 of the authority in the opinion of the central government unnecessary, that government may by notification in the oftielal  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 3s  (2) from the 9qid dat~(a) all properties, funds and dues which are wsted 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 s (d) for the purpose of carrying qut 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 10 repeal, etc 55 (1) as from the date of the constitution of the authority,- and saving •• p act (a) the united provinces town improvement act, 1919, shall cease to have effect in the union territory of delhi; and :ii of 1919 of 19s5 (b) the delhi (control of building operations) act, 1955, shall stand repealed is (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 iransferred to 20 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, at 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 25 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 to be service renedered under it: 30 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 ap-3s pointment, delegation, notification, order, scheme, permission, rule, bye-law, regulation of form made, granted or issued) under ,any of theaf<;>resaidacts, 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 un-40' less and until it is superseded by anything done or any action taken under the said provisions 1170 l s--5 in order to check hapbetamconsiroction awd to regulate and control the building activities in delhi, the delhi (control of building operations) ordinance, 1955 was promulgated on the 22hd october, 1955, under which the delhi development (provisional) authority was constituted the said ordinance was replaced by the delhi (control of building operations) act, 1955 originally the enactment was to be in force up to the 31st december, 19515, but its opreation has been extended up to the 31st december, 1957, by an amending act the present b1llseeks to replace the delhi development (provisional) authority, and the delhi improvement trust with the object of promoting and securing the development of delhi in accordance with the master plan and zonal development plans to be prepared by the authorityahd approved by the central government the authority will consist of the administrator of delhi as chairman, a whole-time paid vice-chairman, a whole-time paid engineer member and a whole-time paid finance member, two members of the corporation to be elected by the councillors of the dedii municipal corporation from amongst themselves and the commil!lsioner of the corporation (e:i-ofjicib) the development activities of the authority will be confted only to such areas as may be declared "development areas" by the central government in consultation with the authority and the delh1 municipal corporation the authority will be advised by an advisory council which will consist of three members to be ~ected by parliament, representatives ~f the eelhi m~cipal corporation and persons to be ilominated by the ~tra1 governhi~t to repr'ebeilt the iritetests at commerce and i,rid~try8:n~ labour, lui w'ell as pm-sons havrn, layowredge of town pliuuiliig, archite<:t'ut'e, public 'h~lth ana (,th'elrvehnical mattera ~ dam; ~ ttuls'ptmbitr, 196'1 the delhi development (,provisional) authority and the town planning office which are now in charge of the prevention of haphazard constructions and the preparation of the master plan for delhi will merge with the delhi development authority when it is constituted expenditure on the staff and the contingencies of these two organisations is now being met from the consolidated fund of india it is envisaged that the authority which will in due course have its own funds as indicated in the succeeding paragraph may have to be financed in regard to its expenditure on st8ft and contingencies in the initial period by way of grants from the consolimtedfund of india the expenditure on this account may be about rs 12 lakhs per annum· it is anticipated that the authority will come into being during the last quarter of the current financial year in which case the actual expenditure during the current year will be about rs 3 lakhs 2 in regard to development to be carried out by the authority in "development arear" funds will be provided as loans to the authority and no grants are envisaged for this purpose the amount of loans that will be advanced will depend on the actual development that the authority will undertake during each year the loans will be repaid by the authority from funds which will accrue to it (a) by sale of plots in developed areas, (b) by the levy of betterment charges and (c) by such other fees or charges which it may recover for granting permission for development and building in "development areas"  memorandum regarding delegated legislationin clause 51 it is proposed to delegate to the central government power to make rules after consultation with the authority to carry out the purposes of the bill under clause 52 it is proposed to delegate to the delhi development authority powers to make regulations with the previous approval of the central government the powers proposed to be delegated to the central government and the authority under these two clauses relate to the various matters specified therein as will appear from these two clauses these matters are necessary for the day to day administration of the act and do not involve any matters of policy these delegations have been proposed for administrative convenience and with a view not to making the bill unnecessarily cumbersome the delegation of legislative powers both to the cad-tral government and the authority is of e normal type a bill to provide for the devel~ment of delhi according to plan and for matters ancillary thereto (shri gomnd bailabh pant, minister of home a/fa1rs) 