Delhi Urban Art Commission Act, 1973

This Act provides for establishment of Delhi Urban Art Commission for preserving, developing and maintaining aesthetic quality of urban and environmental design within Delhi.

Delhi Urban Art Commission Act, 1973

[Act 1 of 1974]           [1st January, 1974]

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

PRELIMINARY

1. Short title, extent and commencement.

1. Short title, extent and commencement.—(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 date[1] as the Central Government may, by notification in the Official Gazette, appoint.

2. Definitions.

2. Definitions.—In this Act, unless the context otherwise requires,—

(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 3 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

ESTABLISHMENT OF THE COMMISSION

3. Establishment of the Commission.

3. Establishment of the Commission.—(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.

4. Composition of the Commission.

4. Composition of the Commission.—The Commission shall consist of a Chairman and such number of other members, being not less than two and not more than four as the Central Government may, by notification in the Official Gazette, appoint from amongst persons who, in the opinion of the Central Government, have sensibility and interest in the plastic and visual arts and urban environment, or possess special knowledge or practical experience in respect of architecture or art.

5. Terms and conditions of service of members.

5. Terms and conditions of service of members.—(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 offence 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.

6. Meetings of the Commission.

6. Meetings of the Commission.—The Commission shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed by regulations.

7. Vacancies amongst members or defect in constitution not to invalidate acts or proceedings of the Commission.

7. Vacancies amongst members or defect in constitution not to invalidate acts or proceedings of the Commission.—No act or proceeding of the Commission shall be deemed to be invalid by reason merely of any vacancy in, or any defect in the constitution of, the Commission.

8. Temporary association of persons with the Commission for particular purposes.

8. Temporary association of persons with the Commission for particular purposes.—(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) of 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.

9. Appointment of staff of the Commission.

9. Appointment of staff of the Commission.—(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.

10. Authentication of orders and other instrument of the Commission.

10. Authentication of orders and other instrument of the Commission.—All orders and decisions and other instruments of the Commission shall be authenticated by the signature of the Secretary or any other officer of the Commission duly authorised by it in this behalf.

Chapter III

FUNCTIONS AND POWERS OF THE COMMISSION

11. Functions of the Commission.

11. Functions of the Commission.—(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 Luteyn'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) underpasses, 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-1(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.

12. Duty of local bodies to refer development proposals, etc., to the Commission.

12. Duty of local bodies to refer development proposals, etc., to the Commission.—Notwithstanding anything contained in any other law for the time being in force, every local body shall, before according approval in respect of any building operations, engineering operations or development proposals referred to in sub-section (1) of Section 11 or intended to be undertaken in any area or locality specified in sub-section (2) of that section, refer the same to the Commission for scrutiny and the decision of the Commission in respect thereof shall be binding on such local body.

13. Appeal to the Central Government in certain cases.

13. Appeal to the Central Government in certain cases.—If any local body is aggrieved by a decision of the Commission in respect of any building operation, engineering operation or development proposals intended to be undertaken or notified, as the case may be, by that local body and referred to the Commission under Section 12, the local body may, within sixty days from the date of such decision, prefer an appeal to the Central Government, and the Central Government may pass such order thereon as it deems fit.

14. Power to revise decision in certain cases.

14. Power to revise decision in certain cases.—Nothing contained in this Act shall preclude the Central Government from calling for and examining, on its own motion, if it considers it necessary so to do in the public interest, any case in which a decision has been made by the Commission under Section 12 but no appeal lies thereto, and passing such order thereon as it thinks fit:

Provided that no such order shall be made prejudicially affecting any person except after giving him an opportunity of making a representation in the matter.

15. Powers of the Commission.

15. Powers of the Commission.—For the purpose of performing its functions under this Act, the Commission shall have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:—

(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.

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