Delhi Urban Art Commission Act, 1973- Sections 16 to 27

Chapter IV

FUND, ACCOUNTS AND AUDIT

16. Payment to the Commission.

16. Payment to the Commission.—The Central Government may, after due appropriation made by Parliament by law in this behalf, pay to the Commission in each financial year such sums as the Central Government may consider necessary for the performance of the functions of the Commission under this Act.

17. Fund of the Commission.

17. Fund of the Commission.—(1) The Commission shall have its own fund, and all sums which may, from time to time, be paid to it by the Central Government shall be carried to the fund of the Commission and all payments by the Commission shall be made therefrom.

(2) The Commission may spend such sums as it thinks fit for performing its functions under this Act, and such sums shall be treated as expenditure payable out of the fund of the Commission.

(3) All moneys in the fund shall be deposited in such bank or invested in such manner as may, subject to the approval of the Central Government, be decided by the Commission.

18. Budget.

18. Budget.—The Commission shall prepare, in such form and within such time, each year as may be prescribed by rules, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure, and copies thereof shall be forwarded to the Central Government.

19. Annual report.

19. Annual report.—The Commission shall prepare once every year, in such form and within such time as may be prescribed by rules, an annual report giving a true and full account of its activities during the previous year, and copies thereof shall be forwarded to the Central Government, and the Central Government shall cause every such report to be laid before both Houses of Parliament.

20. Accounts and audit.

20. Accounts and audit.—(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

MISCELLANEOUS

21. Returns and information.

21. Returns and information.—The Commission shall furnish to the Central Government such returns or other information with respect to its fund or activities as the Central Government may, from time to time, require.

22. Power to exempt.

22. Power to exempt.—The Central Government may, subject to such conditions as may be prescribed by rules in this behalf, exempt any building, building operation or engineering operation which has been designed as a result of an architectural competition, from the operation of all or any of the provisions of this Act.

23. Delegation of powers.

23. Delegation of powers.—The Commission may, by general or special order in writing, delegate to the Chairman or any other member or any officer of the Commission, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this Act as it may deem necessary for the efficient running of the day-to-day administration of the Commission.

24. Members and officers of the Commission to be public servants.

24. Members and officers of the Commission to be public servants.—All members and officers of the Commission shall, when acting or purporting to act in pursuance of any of the provisions of this Act, be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code (45 of 1860).

25. Protection of action taken in good faith.

25. Protection of action taken in good faith.—No suit or other legal proceeding shall lie against any member or officer of the Commission in respect of anything which is in good faith done or intended to be done in pursuance of this Act.

26. Power to make rules.

26. Power to make rules.—(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 powers, 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.

27. Power to make regulations.

27. Power to make regulations.— [1][(1)] The Commission may, with the previous approval of the Central Government, by notification in the Official Gazette, make regulations consistent with this Act and the rules made thereunder for—

(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.

[2][(2) Every regulation made under this section 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 regulation or both Houses agree that the regulation should not be made, the regulation 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 regulation.]

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