bill no lviii of 2019 the old delhi conservation authority bill, 2019 a billto conserve the iconic old delhi located in the heart of the national capital territory of delhi and to provide for matters connected therewith and incidental thereto be it enacted by parliament in the seventieth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the old delhi conservation authority act, 20195short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appointdefinitions2 in this act, unless the context otherwise required,—(a) "authority" means the old delhi conservation authority established undersection 3 of the act(b) "building" includes any structure or erection or part of a structure or erection which is intended to be used for residential, industrial, commercial or other purposes, whether in actual use or not;5(c) "building operations" includes rebuilding operations, structural alterations of, or additions to, buildings and other operations normally undertaken in connection with the construction of buildings;(d) "development" with its grammatical variations means the carrying out in a building, engineering, mining or other operations or in, on, over or under the land or the making of any material change in any building or land and includes re-development;| (                                                                                       | e   | ) "establishment" means,—                                                        ||-----------------------------------------------------------------------------------------|-----|----------------------------------------------------------------------------------|| 10                                                                                      |     |                                                                                  || 18 of 2013                                                                             |     |                                                                                  || (                                                                                       | i   | ) any body or authority established by or under a central act or a state         || act or an authority or a body owned or controlled or aided by the government            |     |                                                                                  || or a local authority, or a government company as defined in section 2 of the            |     |                                                                                  || companies act, 2013, and includes a department of the government; or                    |     |                                                                                  || 15                                                                                      |     |                                                                                  || (                                                                                       | ii  | ) any company or body corporate or association or body of individuals,           || firm,  cooperative or other society, association, trust, agency, institution;           |     |                                                                                  || (                                                                                       | f   | ) "local authority" means the municipal corporation or municipality or panchayat || or any other local  body constituted under any law for the time being in force for      |     |                                                                                  || providing municipal services or basic services, as the case may be, in respect of areas |     |                                                                                  || under its jurisdiction;                                                                 |     |                                                                                  || 20                                                                                      |     |                                                                                  |(g) "old delhi" means all pubic areas localities, colonies, residential and commercial structures, etc falling within such zone as may be demarcated by notification in the official gazette by the central government from time to time;(h) "prescribed" means prescribed by rules made under this act chapter ii25 the old delhi conservation authority3 the central government  shall, by notification in the official gazette, constitute an authority to be known as the old delhi conservation authority to exercise the powers conferred on, and to perform the functions assigned to it, under this actconstitution of the old delhi conservation authority4 the authority shall consist of,—30composition of the authority(a) a person of repute having experience in the field of heritage conservation to be nominated by the central government, as chairperson; and(b) the following persons as members:—| (                                                                            | i   | ) a representative of the delhi development authority nominated by the   ||------------------------------------------------------------------------------|-----|--------------------------------------------------------------------------|| lieutenant governor;                                                         |     |                                                                          || 35                                                                           |     |                                                                          || (                                                                            | ii  | ) a representative each of the delhi urban arts commission, the          || disaster management centre, government of national capital territory of      |     |                                                                          || delhi, and the archeological survey of india, to be nominated by the central |     |                                                                          || government;                                                                  |     |                                                                          || 40                                                                           |     |                                                                          || (                                                                            | iii | ) a reputed historian who has been working for the conservation of       || old delhi to be nominated by the central government;                         |     |                                                                          || (                                                                            | iv  | ) two reputed architects with experience in heritage conservation to be  || nominated by the central government; and                                     |     |                                                                          || 45                                                                           |     |                                                                          || (                                                                            | v   | ) a representative each of the bses rajdhani power limited, the delhi    || jal board, the public works department, and the north delhi municipal        |     |                                                                          || corporation of delhi; and                                                    |     |                                                                          |(vi) shahjahanabad redevelopment corporation, to be nominated by the government of nct of delhi (2) the salaries and allowances payable to and other terms and conditions of service of the chairperson and other members of the authority shall be such, as may be prescribed5(3) the authority shall have a secretariat with such number of officers and staff headed by a secretary who shall be the member secretary to the authority, with such terms and conditions of service, as may be prescribed from time to time(4) the authority shall observe such procedure in the transaction of its business as may be prescribed105 the authority shall perform the following functions, namely to,—functions of the authority(a) act as the statutory body in the matter of preserving, developing and maintaining the aesthetic quality of heritage of the old delhi15(b) supervise, regulate and oversee local authorities or establishments in respectof any project of building operations or engineering operations or any redeveloment proposal undertaken which are likely to affect or shall affect the aesthetic quality of any building or structure of historical significance in old delhi;(c) tag all the heritage buildings or structures in old delhi and maintain a register of these buildings or structure in such manner as may be prescribed;20(d) grant funds to heritage structures or buildings including havelis, mosques,temples, gurudwaras, etc for their renovation and restoration;(e) take steps to conserve, preserve and beautify monumental buildings or structures in old delhi; and(f) initiate any other project or lay-out to beautify and conserve the character of old delhi256 the authority shall have the power to reject or stop any redevelopment project undertaken by any establishment or local authority if it is satisfied that the project is not in public interest after recording the reasons thereofpower of authority to reject redevelopment projects chapter iii duties of establishment and local authorities30357 (1) notwithstanding anything contained in any other law, for the time being in force, every establishment or local authority shall, before according approval in respect of any proposal for building operations, engineering operations or redevelopment or development work to be undertaken in old delhi, shall refer such proposal to the authority for its scrutiny and the decision made by the authority  shall be binding, on such establishment or local authorityduty of establishments and local authorities to refer development proposals to the authority chaper iv heritage cell8 (1) a heritage cell shall be established under the authority, in such manner as may be prescribed40establishment of a heritage cell(2) the heritage cell shall tag all the historically significant buildings or structures in old delhi in such manner as may be prescribed(3) the heritage cell shall regularly inspect all the historical buildings or structures and shall make periodic recommendations to the authority for their upkeep and conservation45 chapter v miscellaneousoverriding powers of the authority59 nothwithstanding anything provided in the memorandum and articles ofassociation of shahjahanabad redevelopment corporation, the authority shall have the powers to make by-laws, regulations, and pass directions on the redevelopment, construction and renovation work with respect to old delhi10 the recommendations made by the authority shall be binding in nature on all thelocal authorities and establishemtnsrecommendations of the authority to be binding in nature1011 the authority shall take the recommendations of stakeholders into account beforemaking any decisionauthority to take stakeholders' recommendations into account12 the central government shall, after due appropriation made by parliament by lawin this behalf, provide adequate funds to the authority for its functioning as well as for the renovation, conservation, and redevelopment work carried on by the authoritycentral government to provide funds to the authority13 the authority shall have the powers to receive grants from international andnational organisations working for heritage conservation15authority to accept grants from international and national organisations power to make rules14 the central government may, by notification in the official gazette, make rules tocarry out the provisions of this actpower to issue directions15 the authority may, for giving effect to the provisions of this act or the rulesthereunder, issue such directions to an establishment or a local authority, as it deems fit statement of objects and reasonsthere are hundreds of old havelis, mosques, temples, bazaars, mohallas, chowks and streets in old delhi area which rival the finest heritage cities in the world because of neglect and lack of funds these heritage structures and buildings are in dilapidated condition to redevelop a part of delhi, ie, chandni chowk, a redevelopment project was initiated by the government of nct of delhi however, it has led to destroying the cultural and historical character it is pertinent to conserve the character of old delhi during the course of its redevelopment in the future as well therefor, the bill proposes establishment of old delhi conservation authority under the central government to ensure the planned development of old delhi while conserving its historical and cultural characterthe old delhi conservation authority shall be the exclusive authority to conserve, redevelop and maintain aesthetic quality of old delhi the shahjahanabad redevelopment corporation (srdc), which is under the government of nct to delhi, shall not have any powers or functions with respect to the conservation and  redevelopment of old delhi the shahjahanabad redevelopment corporation shall not intervene in the functioning of the authority and there shall be no overlap in the functions of the authority and the corporationthe old delhi conservation authority shall also advise the north delhi municipal corporation, the disaster management centre, and any other corporations undertaking redevelopment work in old delhi it shall take the opinion of stakeholders into account before confirming any development or redevelopment or conservation  project it shall also have a heritage cell which will ensure that heritage structures in chandni chowk retain their original characterhence, this billvijay goel financial memorandumclause 3 of the bill seeks to constitute an authority for conseration of old delhi the creation fo authority as per section shall involve expenditure on account of office expenses, salaries and allowances of the staff clause 12 provides for funds to be made available by the central government for the functioning of the authority2 hence, the bill, if enacted will involve expenditure from the consolidated fund of india at this stage, it will be difficult to qualify the exact amount of expenditure of both recurring and non-recurring nature on account of the constitution of the authority memorandum regarding delegated legislationclause 14 of the bill empowers the central government to make rules for carrying out the purposes of the billthe matters in respect of which rules may be made or notification may be issued are essentially matters of detail or procedure only the delegation of legislative power, therefore, is of normal character rajya  sabha————— a billto conserve the iconic old delhi located in the heart of the national capital territory of delhi and to provide for matters connected therewith and incidental thereto—————(shri vijay goel, mp)mgipmrnd—4323rs(s3)—11-12-2019