Chapter 18
Vital Statistics
394. Appointment of Chief Registrar and registrars.
394. Appointment of Chief Registrar and registrars.—(1) The Municipal Health Officer shall be the Chief Registrar of births and deaths for Delhi and shall keep in such form as may be prescribed by bye-laws a register of all births and deaths occurring in Delhi.
(2) The Commissioner shall for the purposes of this Chapter appoint such number of persons to be registrars of births and deaths as he deems necessary and define the respective areas which shall be under the charge of such registrars.
395. Duties of registrar.
395. Duties of registrar.—The registrar shall keep himself informed of every birth or death occurring within the area under his charge and shall ascertain and register as soon as conveniently may be after the event, and without fee or reward such particulars in respect of every birth or death as may be prescribed by bye-laws made in this behalf.
396. Information of births and deaths.
396. Information of births and deaths.—(1) It shall be the duty of the father or mother of every child born in Delhi and in default of the father or mother, of any relation of the child living in the same premises, and in default of such relation, of the person having charge for the child, to give to the best of his knowledge and belief to the registrar of the area concerned within eight days after such birth, information containing such particulars as may be prescribed by bye-laws made in this behalf.
(2) It shall be the duty of the nearest relation present at the time of the death or in attendance during the last illness of any person dying in Delhi and in default of such relation, of any person present or in attendance at the time of the death and of the occupier of the premises in which to his knowledge the death took place and in default of the person hereinbefore mentioned, of each inmate of such premises and of the undertaker or other person causing the corpse of the deceased person to be disposed of, to give to the best of his knowledge and belief to the registrar of the area within which the death took place information containing such particulars as may be prescribed by bye-laws made in this behalf.
(3) If a birth or death occurs in the hospital, none of the persons mentioned in sub-section (1) or, as the case may be, in sub-section (2) shall be bound to give information required by that sub-section, but it shall be the duty of the medical officer in charge of the hospital within twenty-four hours after the birth or death, to send to the Municipal Health Officer a notice containing such particulars as may be prescribed by bye-laws made in this behalf.
Chapter 19
Public Safety and Suppression of Nuisances
397. Prohibition of nuisances.
397. Prohibition of nuisances.—(1) No person shall—
(a) in any public street or public place—
(i) ease himself; or
[i][* * *].
(iv) carry meat exposed to public view; or
(v) picket animals, or collect carts; or
(vi) being engaged in the removal of rubbish, filth or other polluted and obnoxious matter wilfully or negligently permit any portion thereof to spill or fall, or neglect to sweep away or otherwise effectually to remove any portion thereof which may spill or fall in such street or place; or
(vii) without proper authority affix, upon any building, monument, post, wall, fence, tree or other thing, any bill, notice or other document; or
(viii) without proper authority deface or write upon or otherwise mark any building, monument, post, wall, fence, tree or other thing; or
(ix) without proper authority remove, destroy, deface or otherwise obliterate any notice or other document put up or exhibited under this Act or the rules or bye-laws made thereunder; or
(x) without proper authority displace, damage, make any alteration in, or otherwise interfere with, the pavement, gutter, storm-water drain, flags or other materials of any such street, or any lamp bracket, direction-post, hydrant or water-pipe maintained by the Corporation in any such street or place, or extinguish a public light; or
(xi) carry rubbish, filth or other polluted and obnoxious matter at any hour prohibited by the Commissioner by public notice, or in any pattern of cart or receptacle which has not been approved for the purpose by the Commissioner, or fail to close such cart or receptacle when in use: or
(b) carry rubbish, filth or other polluted and obnoxious matter along any route in contravention of any prohibition made in this behalf by the Commissioner by public notice; or
(c) deposit or cause or permit to be deposited, earth or materials of any description or any rubbish or polluted and obnoxious matter in any place not intended for the purpose in any public street or public place or waste or unoccupied land under the management of the Corporation; or
(d) make any grave or burn or bury any corpse at any place not set apart for such purpose; or
(e) at any time or place at which the same has been prohibited by the Commissioner by public or special notice, beat a drum or tom-tom, or blow a horn or trumpet, or beat any utensil, or sound any brass or other instrument, or play any music; or
(f) disturb the public peace or order by singing, screaming or shouting, or by using any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker; or
(g) let loose any animal so as to cause, or negligently allow any animal to cause, injury, danger, alarm or annoyance to any person; or
(h) save with the written permission of the Commissioner and in such manner as he may authorise, store or use night-soil, cow-dung, manure, rubbish or any other substance emitting an offensive smell; or
(i) use or permit to be used as a latrine any place not intended for that purpose.
(2) Every person shall take all reasonable means to prevent every child under the age of twelve years being in his charge from easing himself in any public street or public place.
(3) The owner or keeper of any animal shall not allow it straying in a public street or public place without a keeper.
(4) Any animal found straying as aforesaid may be removed by an officer or employee of the Corporation or by any police officer to a pound.
(5) [ii][Swine] found straying in a public street or public place shall be liable to be destroyed by any officer or other employee of the Corporation appointed in this behalf.
398. Power of Commissioner to require removal or abetment of nuisance.
398. Power of Commissioner to require removal or abetment of nuisance.—Where the Commissioner is of opinion that there is a nuisance on any land or building, he may, by notice in writing, require the person by whose act, default or sufferance the nuisance arises or continues or the owner, lessee or occupier of the land or building, or any one or more of these persons, to remove or abate the nuisance by taking such measures in such manner and within such period as may be specified in the notice.
399. Registration and control of dogs.
399. Registration and control of dogs.—(1) The Corporation may, by bye-laws made in this behalf,—
(a) require the registration by the registration authority appointed by the Commissioner in this behalf of all dogs kept within Delhi;
(b) require that every registered dog shall wear a collar to which shall be attached a metal token to be issued by the registration authority, and fix the fee payable for the issue thereof;
(c) require that any dog which has not been registered or which is not wearing such token shall, if found in any public place, be detained at a place set apart for the purpose; and
(d) fix the fee which shall be charged for such detention and provide that any such dog shall be liable to be destroyed or otherwise disposed of unless it is claimed and the fee in respect thereof is paid within one week.
(2) The Commissioner may—
(a) cause to be destroyed, or to be confined for such period as he may direct, any dog or other animal which is, or is reasonably suspected to be, suffering from rabies, or which has been bitten by any dog or other animal suffering or suspected to be suffering from rabies;
(b) by public notice direct that after such date as may be specified in the notice, dogs which are without collars or without marks distinguishing them as private property and are found straying on the streets or beyond the enclosures of the houses of their owners, if any, may be destroyed and cause them to be destroyed accordingly.
(3) No damages shall be payable in respect of any dog or other animal destroyed or otherwise disposed of under this section.
(4) No one, being the owner or person in charge of any dog, shall allow it to be at large in any public street or public place without being muzzled and without being secured by a chain lead in any case in which—
(a) he knows that the dog is likely to annoy or intimidate any person, or
(b) the Commissioner has, by public notice during the prevalence of rabies, directed that dogs shall not be at large without muzzles and chain leads.
(5) No one shall—
(a) allow any ferocious dog which belongs to him or is in his charge to be at large without being muzzled, or
(b) set on or urge any dog or other animal to attack, worry or intimidate any person, or
(c) knowing or having reason to believe that any dog or animal belonging to him or in his charge has been bitten by an animal suffering or reasonably suspected to be suffering from rabies, fail or neglect to give immediate information of the fact to the Commissioner or give information which is false.
400. Stacking or collecting inflammable materials.
400. Stacking or collecting inflammable materials.—The Commissioner may, by public notice, prohibit in any case where such prohibition appears to him to be necessary for the prevention of danger to life or property, the stacking or collecting of wood, dry grass, straw or other inflammable materials, or the placing of mats or thatched huts or the lighting of fires in any place which may be specified in the notice.
401. Care of naked lights.
401. Care of naked lights.—No person shall set a naked light on or near any building in any public street or other public place in such manner as to cause danger of fire:
Provided that nothing in this section shall be deemed to prohibit the use of lights for the purposes of illumination on the occasion of a festival or public or private entertainment.
402. Discharging fireworks, firearms, etc.
402. Discharging fireworks, firearms, etc.—No one shall discharge any firearm or let off fireworks or fire-balloons, or engage in any game in such manner as to cause or to be likely to cause danger to persons passing by or dwelling or working in the neighbourhood or risk of injury to property.
403. Power to require buildings, wells, etc., to be rendered safe.
403. Power to require buildings, wells, etc., to be rendered safe.—Where any building, or wall, or anything affixed thereto, or any well, tank, reservoir, pool, depression, or excavation, or any bank or tree, is in the opinion of the Commissioner, in a ruinous state, for want of sufficient repairs, protection or enclosure, a nuisance or dangerous to persons passing by or dwelling or working in the neighbourhood, the Commissioner may by notice in writing require the owner or part-owner or person claiming to be the owner or part-owner thereof or failing any of them the occupier thereof to remove the same or may require him to repair, protect or enclose the same in such manner as he thinks necessary; and if the danger is, in the opinion of the Commissioner, imminent, he shall forthwith take such steps as he thinks necessary to avert the same.
404. Enclosure of wasteland used for improper purpose.
404. Enclosure of wasteland used for improper purpose.—The Commissioner may, by notice in writing, require the owner or part-owner, or person claiming to be the owner or part-owner of any land or building, or the lessee or the person claiming to be the lessee of any such land which, by reason of disuse or disputed ownership or other cause, has remained unoccupied and has become the resort of idle and disorderly persons or of persons who have no ostensible means of subsistence or cannot give a satisfactory account of themselves or is used for gaming or immoral purposes or otherwise occasions or is likely to occasion a nuisance, to secure and enclose the same within such time as may be specified in the notice.
Chapter 20
Markets, Slaughterhouses, Trades and Occupations
405. Provision of municipal market and slaughterhouses.
405. Provision of municipal market and slaughterhouses.—(1) The Commissioner, when authorised by the Corporation in this behalf, may provide and maintain municipal markets and slaughterhouses in such number as he thinks fit together with stalls, shops, sheds, pens and other buildings and conveniences for the use of persons carrying on trade or business in, or frequenting such markets or slaughterhouses and may provide and maintain in any such markets, buildings and places, machines, weights, scales and measures for the weighment or measurement of goods sold therein.
(2) Municipal markets and slaughterhouses shall be under the control of the Commissioner who may, at any time, by public notice, close any municipal market or slaughterhouse or any part thereof.
406. Use of municipal markets.
406. Use of municipal markets.—(1) No person shall, without the general or special permission in writing of the Commissioner, sell or expose for sale any animal or article in any municipal market.
(2) Any person contravening the provisions of sub-section (1), and any animal or article exposed for sale by such person, may be summarily removed from the market by or under the orders of the Commissioner or any officer or employee of the Corporation authorised by the Commissioner in this behalf.
407. Private markets and slaughterhouses.
407. Private markets and slaughterhouses.—(1) No place other than a municipal market shall be used as a market unless such place has been licensed as a market by the Commissioner.
(2) No place other than a municipal slaughterhouse shall be used as a slaughterhouse:
Provided that nothing in this sub-section shall be deemed—
(a) to restrict the slaughter of any animal in any place on the occasion of any religious festival or ceremony, subject to such conditions (non-compliance with which shall be punishable under this Act) as the Commissioner may, by public or special notice, impose in this behalf, or
(b) to prevent the Commissioner, with the sanction of the Corporation, from setting apart places for the slaughter of animals in accordance with religious custom.
408. Conditions of grant of licence for private market.
408. Conditions of grant of licence for private market.—(1) The Commissioner may charge such fees as he thinks fit to impose for the grant of a licence to any person to open a private market and may grant such licence subject to such conditions, consistent with this Act and any bye-laws made thereunder, as he thinks fit to impose.
(2) When the Commissioner refuses to grant any licence, he shall record a brief statement of the reasons for such refusal.
(3) The Commissioner may, with the previous approval of the Standing Committee and for reasons to be recorded, suspend a licence in respect of a private market for such period as he thinks fit or cancel such licence.
(4) A private market of which the licence has been suspended or cancelled as aforesaid shall be closed with effect from such date as may be specified in the order of suspension or cancellation.
409. Prohibition of keeping market open without licence, etc.
409. Prohibition of keeping market open without licence, etc.—(1) No person shall keep open for public use any market in respect of which a licence is required by or under this Act, without obtaining a licence therefor, or while the licence therefor is suspended or after the same has been cancelled.
(2) When a licence to open a private market is granted or refused or is suspended or cancelled the Commissioner shall cause a notice of the grant, refusal, suspension or cancellation to be posted in such language or languages as he thinks necessary in some conspicuous place by or near the entrance to the place to which the notice relates.
410. Prohibition of use of unlicensed markets.
410. Prohibition of use of unlicensed markets.—No person knowing that market has been opened to the public without a licence having been obtained therefor when such licence is required by or under this Act or that the licence granted therefor is for the time being suspended or that it has been cancelled, shall sell or expose for sale any animal or article in such market.
411. Prohibition of business and trade near a market.
411. Prohibition of business and trade near a market.—(1) No animal or article shall be sold or exposed for sale within a distance of one hundred yards of any municipal market or licensed private market without the permission of the Commissioner.
(2) Any person contravening the provisions of sub-section (1) and any animal or article exposed for sale by such person may be summarily removed by or under the orders of the Commissioner or any officer or employee of the Corporation appointed by him in this behalf.
412. Levy of stallages, rents and fees.
412. Levy of stallages, rents and fees.—The Commissioner, with the previous approval of the Standing Committee, may—
(a) charge such stallages, rents or fees as may from time to time be fixed by him in this behalf—
(i) for the occupation or use of any stall, shop, stand, shed or pen in a municipal market or municipal slaughterhouse,
(ii) for the right to expose articles for sale in a municipal market,
(iii) for the use of machines, weights, scales and measures provided for in any municipal market, and
(iv) for the right to slaughter animals in any municipal slaughterhouse, and for the feed of such animals before they are ready for slaughter; or
(b) farm the stallages, rents and fees chargeable as aforesaid or any portion thereof for such period as he may think fit; or
(c) put up to public auction or dispose of by private sale, the privilege of occupying or using any stall, shop, stand, shed or pen in a municipal market or municipal slaughterhouse for such period and on such conditions as he may think fit.
413. Stallages, rents, etc., to be published.
413. Stallages, rents, etc., to be published.—A copy of the table of stallages, rents and fees, if any, chargeable in any municipal market or municipal slaughterhouse, and of the bye-laws made under this Act for the purpose of regulating the use of such market or slaughterhouse printed in such language or languages as the Commissioner may direct, shall be affixed in some conspicuous place in the market or slaughterhouse.
414. Power to expellers and disturbers, etc., from markets.
414. Power to expellers and disturbers, etc., from markets.—The person in charge of a market shall prevent the entry therein of, and shall expel therefrom, any person suffering from leprosy in whom the process of ulceration has commenced or from any dangerous disease, who sells or exposes for sale therein any article or who, not having purchased the same handles any article exposed for sale therein; and he may expel therefrom any person who is creating a disturbance therein.
415. Butcher's fish-monger's and poulter's licence.
415. Butcher's fish-monger's and poulter's licence.—(1) No person shall without or otherwise than in conformity with a licence from the Commissioner carry on the trade of a butcher, fish-monger, poulterer or importer of flesh intended for human food or use any place for the sale of flesh, fish or poultry intended for human food:
Provided that no licence shall be required for any place used for the sale or storage for sale of preserved flesh or fish contained in air-tight or hermetically sealed receptacles.
(2) The Commissioner may by order and subject to such conditions as to supervision and inspection as he thinks fit to impose, grant a licence or may by order refuse, for reasons to be recorded, to grant the same.
(3) Every such licence shall expire at the end of the year for which it is granted or at such earlier date as the Commissioner may, for special reasons, specify in the licence.
(4) If any place is used for the sale of flesh, fish or poultry in contravention of the provisions of this section, the Commissioner may stop the use thereof by such means as he may consider necessary.
416. Factory, etc., not to be established without permission of the Commissioner.
416. Factory, etc., not to be established without permission of the Commissioner.—(1) No person shall, without the previous permission in writing of the Commissioner, establish in any premises, or materially alter, enlarge or extend, any factory, workshop or trade premises in which it is intended to employ steam, electricity, water or other mechanical power.
(2) The Commissioner may refuse to give such permission, if he is of the opinion that the establishment, alteration, enlargement or extension of such factory, workshop or trade premises, in the proposed position would be objectionable by reason of the density of the population in the neighbourhood thereof, or would be a nuisance to the inhabitants of the neighbourhood.
417. Premises not to be used for certain purposes without licence.
417. Premises not to be used for certain purposes without licence.—(1) No person shall use or permit to be used any premises for any of the following purposes without or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf, namely:—
(a) any of the purposes specified in Part I of the Eleventh Schedule;
(b) any purpose which is, in the opinion of the Commissioner dangerous to life, health or property or likely to create a nuisance;
(c) keeping horses, cattle or other quadruped animals or birds for transportation, sale or hire or for sale of the produce thereof; or
(d) storing any of the articles specified in Part II of the Eleventh Schedule except for domestic use of any of those articles:
Provided that the Corporation may declare that premises in which the aggregate quantity of articles stored for sale does not exceed such quantity as may be prescribed by bye-laws in respect of any such articles shall be exempted from the operation of clause (d).
(2) In prescribing the terms of a licence granted under this section for the use of premises as mills or iron yards or for similar purposes the Commissioner may, when he thinks fit, require the licensee to provide a space or passage within the premises for carts for loading and unloading purposes.
(3) The Corporation shall fix a scale of fees to be paid in respect of premises licensed under sub-section (1):
[iii][* * *]
418. Seizure of certain animals.
418. Seizure of certain animals.—(1) If any horses, cattle or other quadruped animals or birds are kept on any premises in contravention of the provisions of Section 417, or are found abandoned and roaming or tethered on any street or public place or on any land belonging to the Corporation, the Commissioner or any officer empowered by him may seize them and may cause them to be impounded or removed to such place as may be appointed by the Government or the Corporation for this purpose and the cost of seizure of these animals or birds and of impounding or removing them and of feeding and watering them shall be recoverable by sale by auction of these animals or birds:
Provided that anyone claiming such animal or bird may, within seven days of the seizure get them released on his paying all expenses incurred by the Commissioner in seizing, impounding or removing and in feeding and watering such animal or bird, and on his producing a licence for keeping these animals and birds issued under the provisions of Section 417.
(2) Whenever the Commissioner is of opinion that the user of any premises for any of the purposes referred to in sub-section (1) of Section 417 is causing a nuisance and such nuisance should be immediately stopped, the Commissioner may order the owner or the occupier of the premises to stop such nuisance within such time as may be specified in the order and in the event of the failure of the owner or occupier to comply with such order, the Commissioner may himself or by an officer subordinate to him cause such user to be stopped.
(3) Without prejudice to the foregoing provisions of this section any person by whom or at whose instance any horses, cattle or other quadruped animals or birds are so kept, abandoned or tethered, shall also be punishable under this Act.
419. Power of Commissioner to prevent use of premises in particular areas for purposes referred to in Section 417.
419. Power of Commissioner to prevent use of premises in particular areas for purposes referred to in Section 417.—(1) The Commissioner may give public notice of his intention to declare that in any area specified in the notice no person shall use any premises for any of the purposes referred to in sub-section (1) of Section 417, which may be specified in such notice.
(2) No objections to any such declaration shall be received after a period of one month from the publication of the notice.
(3) The Commissioner shall consider all objections received within the said period, giving any person affected by the notice an opportunity of being heard during such consideration, and may thereupon make a declaration in accordance with the notice published under sub-section (1), with such modifications, if any, as he may think fit but not so as to extend its application.
(4) Every such declaration shall be published in the Official Gazette and in such other manner as the Commissioner may determine, and shall take effect from the date of its publication in the Official Gazette.
(5) No person shall, in any area specified in any declaration published under sub-section (4), use any premises for any of the purposes referred to in Section 417 specified in the declaration and the Commissioner shall have the power to stop the use of any such premises by such means as he considers necessary.
420. Licences for hawking articles, etc.
420. Licences for hawking articles, etc.—No person shall, without or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf,—
(a) hawk or expose for sale in any place any article whatsoever whether it be for human consumption or not;
(b) use in any place his skill in any handicraft or for rendering services to and for the convenience of the public for the purposes of gain or making a living.
421. Eating-houses, etc. not to be used without licence from the Commissioner.
421. Eating-houses, etc. not to be used without licence from the Commissioner.—(1) No person shall, without or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf, keep any eating-house, lodging-house, hotel, boarding-house, tea-shop, coffee-house, cafe, restaurant, refreshment room or any place where the public are admitted for repose or for the consumption of any food or drink or any place where food is sold or prepared for sale.
(2) The Commissioner may at any time cancel or suspend any licence granted under sub-section (1) if he is of the opinion that the premises covered thereby are not kept in conformity with the conditions of such licence or with the provisions of any bye-law made in this behalf, whether the licensee is prosecuted under this Act or not.
422. Licensing and control of theatres, circuses and places of public amusement.
422. Licensing and control of theatres, circuses and places of public amusement.—No person shall, without or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf, keep open any theatre, circus, cinema house, dancing-hall or other similar place of public resort, recreation or amusement:
Provided that nothing in this section shall apply to private performances in any such place.
423. Power of Commissioner to stop use of premises used in contravention of licences.
423. Power of Commissioner to stop use of premises used in contravention of licences.—If the Commissioner is of opinion that any eating-house, lodging-house, hotel, boarding-house, tea-shop, coffee-house, cafe, restaurant, refreshment room or other place where the public are admitted for repose or for consumption of any food or drink or where food is sold or prepared for sale or any theatre, circus, cinema house, dancing-hall or similar other place of public resort, recreation or amusement is kept open without a licence or otherwise than in conformity with the terms of a licence granted in respect thereof, he may stop the use of any such premises for any such purpose for a specified period by such means as he may consider necessary.
424. Power of Commissioner to inspect places where unlawful slaughter of animals, etc. is suspected.
424. Power of Commissioner to inspect places where unlawful slaughter of animals, etc. is suspected.—(1) If the Commissioner or any person authorised by him in this behalf has reason to believe that any animal intended for human consumption is being slaughtered or that the flesh of any such animal is being sold or exposed for sale, in any place or manner not duly authorised under this Act, he may, at any time by day or night without notice, inspect such place for the purpose of satisfying himself as to whether any provision of this Act or of any bye-law under this Act at the time in force is being contravened, thereat and may seize any such animal or the carcass of such animal or such flesh found therein.
(2) The Commissioner may remove and sell by auction or otherwise dispose of any animal or carcass of any animal or any flesh seized under sub-section (1).
(3) If within one month of such seizure the owner of the animal, carcass or flesh fails to appear and prove his claim to the satisfaction of the Commissioner or if the owner is convicted of an offence under this Act in respect of such animal, carcass or flesh, the proceeds of any sale under sub-section (1) shall vest in the Corporation.
(4) Any person slaughtering any animal or selling or exposing for sale the flesh of any such animal in any place or manner not duly authorised under the provisions of this Act may be arrested by any police officer without a warrant.
(5) No claim shall lie against any person for compensation for any damage necessarily caused by any such entry or by the use of any force necessary for effecting such entry.
Chapter 21
Improvement
425. Improvement scheme.
425. Improvement scheme.—Where the Commissioner upon information in his possession is satisfied as respects any area—
(a) that the buildings in that area are by reason of disrepair or sanitary defects unfit for human habitation or are by reason of their bad arrangement, or the narrowness or bad arrangement of the streets or the want of light, air, ventilation or proper conveniences, dangerous or injurious to the health of the inhabitants of the area; and
(b) that the most satisfactory method pf dealing with the conditions in the area is the rearrangement and reconstruction of the streets and buildings in the area in accordance with an improvement scheme,
he may frame an improvement scheme in respect of the area in accordance with the bye-laws made in this behalf.
426. Matters to be provided for in an improvement scheme.
426. Matters to be provided for in an improvement scheme.—(1) An improvement scheme may provide for all or any of the following matters, namely:—
(a) the acquisition by agreement or under the Land Acquisition Act, 1894 (1 of 1894), of any property necessary for or affected by the execution of the scheme;
(b) the relaying out of any land comprised in the scheme;
(c) the redistribution of sites belonging to owners of property comprised in the scheme;
(d) the closure or demolition of buildings or portions of buildings unfit for human habitation;
(e) the demolition of obstructive buildings or portions thereof;
(f) the construction and reconstruction of buildings;
(g) the construction and alteration of streets;
(h) the water supply, street lighting, drainage and other conveniences;
(i) the provision of open spaces for the benefit of any area comprised in the scheme;
(j) the sanitary arrangements required for the area comprised in the scheme;
(k) the provision of accommodation for any class of the inhabitants;
(l) the provision of facilities for communication;
(m) the sale, letting or exchange of any property comprised in the scheme;
(n) any other matter for which, in the opinion of the Commissioner it is expedient to make provision with a view to the improvement of the area to which the scheme relates.
(2) Where any land is designated in an improvement scheme as subject to acquisition or is required by the scheme to be kept as an open space, then, if at the expiration of ten years from the date of sanction of the scheme by the Central Government under sub-section (2) of Section 427, the land is not acquired by the Commissioner, the owner of the land may serve on the Commissioner a notice requiring his interest in the land to be so acquired.
(3) If the Commissioner fails to acquire the land within a period of six months from the receipt of the notice, the improvement scheme shall have effect after the expiration of the said six months as if the land were not designated as subject to acquisition by the Commissioner or were not required to be kept as an open space.
427. Submission of improvement scheme to the Corporation for approval and to the Central Government for sanction.
427. Submission of improvement scheme to the Corporation for approval and to the Central Government for sanction.—(1) Every improvement scheme shall, as soon as may be after it has been framed, be submitted by the Commissioner for approval to the Corporation and the Corporation may either approve the scheme without modifications or with such modifications as it may consider necessary or reject the scheme with directions to the Commissioner to have a fresh scheme framed according to such directions.
(2) No improvement scheme approved by the Corporation under sub-section (1) shall be valid unless it has been sanctioned by the Central Government.
428. Rehousing scheme.
428. Rehousing scheme.—The Commissioner while framing an improvement scheme under this Chapter for any area may also frame a scheme (hereafter in this Act referred to as the rehousing scheme) for the construction, maintenance and management of such and so many buildings as he may consider necessary for providing accommodation for persons who are likely to be displaced by the execution of the improvement scheme.
429. Improvement scheme and rehousing scheme to comply with the master plan and zonal development plan.
429. Improvement scheme and rehousing scheme to comply with the master plan and zonal development plan.—No improvement scheme or rehousing scheme framed under this Chapter after a master plan for Delhi or a zonal development plan for any part thereof has been prepared in accordance with law shall be valid unless such scheme is in conformity with the provisions of the master plan or the zonal development plan.
References
[i] Sub-clauses (ii) and (iii) omitted by Act No. 52 of 1964, S. 3 and Sch. II.
[ii] Substituted by Act No. 58 of 1960, S. 3 and Sch. II, for “Swines”.
[iii] Proviso to S. 417 (3) omitted by Delhi Act 7 of 2004, S. 5.
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