NCT Delhi - Act
The Delhi Urban Art Commission Act, 1973
DELHI
India
India
The Delhi Urban Art Commission Act, 1973
Act 01 of 1974
- Published in Gazette of India on 1 January 1974
- Not commenced
- [This is the version of this document from 1 January 1974.]
- [Note: The original publication document is not available and this content could not be verified.]
An Act to provide for the establishment of the Delhi Urban Art Commission with a view to preserving, developing and maintaining the aesthetic quality of urban and environmental design within Delhi.BE it enacted by Parliament in the Twenty-fourth Year of the Republic of India as follows:-Chapter I
(1)This Act may be called the Delhi Urban Art Commission Act, 1973. (2)It extends to the whole of the Union territory of Delhi. (3)It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint. (a)"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; (b)"building operations" includes rebuilding operations, structural alterations of, or additions to, buildings and other operations normally undertaken in connection with the construction of buildings; (c)"Commission" means the Delhi Urban Art Commission established under section 3; (d)"Delhi" means the Union territory of Delhi; (e)"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 re-development; (f)"engineering operations" includes the formation or laying out of means of access to a road or the laying out of means of water supply; (g)"local body" means the Delhi Municipal Corporation established under the Delhi Municipal Corporation Act, 1957 (66 of 1957), the New Delhi Municipal Committee constituted under the Punjab Municipal Act, 1911 (Punjab Act III of 1911), as in force in Delhi, the Delhi Development Authority constituted under the Delhi Development Act, 1957 (61 of 1957), or any other local authority concerned with urban development of Delhi; (h)"member" means a member of the Commission and includes its Chairman; (i)"public amenity" includes road, water supply, street lighting, drainage, sewerage, public works and such other convenience as the Central Government may, by notification in the Official Gazette, specify to be a public amenity for the purposes of this Act; (j)"regulation" means a regulation made under this Act by the Commission; (k)"rule" means a rule made under this Act by the Central Government. Chapter II
(1)With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be established a Commission by the name of the Delhi Urban Art Commission. (2)The Commission shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property and to contract and shall by the said name sue or be sued. (1)A member shall, unless his appointment is terminated earlier by the Central Government, hold office for a term of three years from the date of his appointment. (2)A person who holds, or who has held, office as Chairman or member shall be eligible for re-appointment to that office once, but only once. (3)A member may resign his office by writing under his hand addressed to the Central Government, but he shall continue in office until his resignation is accepted by the Central Government. (4)A casual vacancy caused by the resignation of a member under sub-section (3) or for any other reason, shall be filled by fresh appointment. (5)A member may be appointed either as a whole-time or part-time member as the Central Government thinks fit. (6)Subject to the foregoing provisions, the terms and conditions of service of the Chairman and other members shall be such as may be prescribed by rules. (1)The Commission may associate with itself, in such manner and for such purposes as may be determined by regulations, any person whose assistance or advice it may desire in carrying out any of the provisions of this Act. (2)A person associated with it by the Commission under sub-section (1) for any purpose shall have a right to take part in the discussions relevant to that purpose, but shall not have a right to vote at a meeting of the Commission, and shall not be a member for any other purpose. (1)The Central Government shall, in consultation with the Commission, appoint a Secretary of the Commission who shall hold office during the pleasure of the Central Government:Provided that the first appointment of the Secretary may be made by the Central Government without consultation with the Commission. (2)The terms and conditions of service of the Secretary shall be such as may be prescribed by rules. (3)Subject to any rules, the Commission may appoint such other employees as it may think necessary for the efficient performance of its functions under this Act, and the terms and conditions of service of the employees so appointed shall be such as may be determined by regulations. Chapter III
(1)It shall be the general duty of the Commission to advise the Central Government in the matter of preserving, developing and maintaining the aesthetic quality of urban and environmental design within Delhi and to provide advice and guidance to any local body in respect of any project of building operations or engineering operations or any development proposal which affects or is likely to affect the sky-line or the aesthetic quality of surroundings or any public amenity provided therein. (2)Subject to the provisions of sub-section (1), it shall be the duty of the Commission to scrutinise, approve, reject or modify proposals in respect of the following matters, namely:-(a)development of district centres, civic centres, areas earmarked for Government administrative buildings and for residential complexes, public parks and public gardens; (b)re-development of the area within the jurisdiction of New Delhi Municipal Committee including Connaught Place Complex and its environs, Central Vista, the entire bungalow area of Lutyen's New Delhi, and such other areas as the Central Government may, by notification in the Official Gazette, specify; (c)plans, architectural expressions and visual appearance of new buildings in the centres, areas, parks and gardens specified in clauses (a) and (b) including selections of models for statues and fountains therein; (d)re-development of areas in the vicinity of Jama Masjid, Red Fort, Qutab, Humayun's Tomb, Old Fort, Tuglakabad and of such other places of historical importance as the Central Government may, by notification in the Official Gazette, specify; (e)conservation, preservation and beautification of monumental buildings, public parks and public gardens including location or installation of statues or fountains therein; (f)under passes, over-passes and regulations of street furniture and hoardings; (g)location and plans of power houses, water towers, television and other communication towers and other allied structures; (h)any other projects or lay-out which is calculated to beautify Delhi or to add to its cultural vitality or to enhance the quality of the surroundings thereof; (i)such other matters as may be prescribed by rules. Explanation.-For the purposes of this sub-section,-(i)"civic centre" means the headquarters of a local body comprising therein its office buildings and buildings intended for cultural activities; (ii)"Connaught Place Complex" means the area comprising Connaught Place and its extension measuring approximately 140 hectares, being the area described as Zone D-I (Revised) in the Delhi Master Plan; (iii)"district centre" means a self-contained unit created in the Delhi Master Plan comprising areas for retail shopping, general business, commercial and professional offices, forwarding, booking and Government offices, cinemas, restaurants and other places of entertainment. (3)Without prejudice to the provisions contained in sub-section (1) and sub-section (2), the Commission may suo motu promote and secure the development, re-development or beautification of any areas in Delhi in respect of which no proposals in that behalf have been received from any local body. (a)summoning and enforcing the attendance of any person and examining him; (b)requiring discovery and production of any documents; (c)receiving evidence on affidavits; (d)requisitioning any public record or copies thereof from any office; (e)any other matter which may be prescribed by rules. Chapter IV
(1)The Commission shall cause to be maintained such books of accounts and other books in relation to its accounts in such form and in such manner as may, in consultation with the Comptroller and Auditor-General of India, be prescribed by rules. (2)The Commission shall, as soon as may be after closing its annual accounts, prepare a statement of accounts in such form as may be prescribed by rules, and forward the same to the Comptroller and Auditor-General of India by such date, as the Central Government may, in consultation with the Comptroller and Auditor-General of India, determine. (3)The accounts of the Commission shall be audited by the Comptroller and Auditor-General of India at such times and in such manner as he thinks fit. (4)The annual accounts of the Commission together with the audit report thereon shall be forwarded to the Central Government, and the Central Government shall cause the same to be laid before both Houses of Parliament and shall also forward a copy of the audit report to the Commission for taking appropriate action on the matters arising out of the audit report. Chapter V
(1)The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act. (2)In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-(a)the salaries, if any, allowances and other terms and conditions of service of members of the Commission; (b)the terms and conditions of service of the Secretary of the Commission; (c)the matters in respect of which the Commission may tender advice to the Central Government under clause (i) of sub-section (2) of section 11; (d)the form in which, and the time within which, the budget and annual report of the Commission may be prepared and forwarded to the Central Government; (e)the form and manner in which the accounts of the Commission may be maintained, and the time at which, and the manner in which, such accounts may be audited; (f)the returns and information which the Commission may be required to furnish to the Central Government; (g)the conditions subject to which any building, building operation or engineering operation, designed as a result of an architectural competition, may be exempted; (h)any other matter which has to be or may be prescribed by rules. (3)Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. (a)regulating the meetings of the Commission and the procedure for conducting business thereat; (b)regulating the manner in which and the purposes for which persons may be associated with the Commission under section 8: (c)determining the terms and conditions of service of persons appointed by the Commission under sub-section (3) of section 9; (d)any other matter which has to be or may be prescribed by regulations.