Chapter I PRELIMINARY

(1) This Act may be called the Delhi Industrial Development, Operation and Maintenance Act, 2010. (2) It extends to the whole of the National Capital Territory of Delhi. (3) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.

In this Act, unless the context otherwise requires,- (a) "amenity" includes road, supply of water or electricity, street lighting, drainage, sewerage, green cover including plantation of trees and development of parks, conservancy and such other convenience as the Government may, by notification in the official Gazette specify to be an amenity for the purposes of this Act; (b) "approved" means approved by the authority having jurisdiction; (c) "building" means any structure for whatsoever purpose and of whatsoever materials constructed and every part thereof whether used as human habitation or not and includes foundation, plinth, walls, floors, roofs, chimneys, plumbing and building services, fixed platforms, verandaha, balcony, cornice or projection, part of a building or anything affixed thereon or any wall enclosing or intended to enclose any land or space and signs and outdoor display structures. Tents, shamianahs, tarpaulin shelter etc. erected for temporary and experimental measures with the permission of the Authority shall not be considered as building; (d) "Collector" means the Deputy Commissioner of a revenue area of Delhi, and includes any officer specially appointed by the Government to perform the functions of a Collector under this Act; (e) "Corporation" means the Delhi State Industrial and Infrastructure Development Corporation Ltd., a company incorporated under the provisions, of the Companies Act, 1956 (1 of 1956); (f) "Delhi" means the National Capital Territory of Delhi; (g) "development" with its grammatical variations, means the carrying out, of building, engineering, quarrying or other operations in, or over or under land, or the making of any material change in any building or land and includes redevelopment, but does not include mining operations; and 'to develop' shall be construed accordingly; (h) "engineering operations" include the formation or laying out of means of access to a road or the laying out of means of water supply, drainage and sewerage, construction, operation and maintenance of common Effluent Treatment Plants, or laying out of means of supply of electricity, street lighting, plantation of trees and development of parks, conservancy and such other operation as the Government may, by notification in the official Gazette specify to be an engineering operation for the purpose of this Act; (i) "flatted factories complex" means any site selected and notified by the Government, where the Corporation builds flatted factories and other buildings and makes them available for any industries or class of industries or any existing flatted factories complex included in Part-B of the Schedule; (j) "Government" means the Lieutenant Governor of the National Capital Territory of Delhi appointed by the President under Article 239 and designated as such under Article 239AA of the Constitution; (k) "industrial area" means any area declared to be an industrial area by the Government by notification in the official Gazette, whether already developed or is to be developed for the purpose of accommodating industrial units; (l) "industrial building" include any building or part of building or structure, in which products or materials of all kinds and properties are fabricated, assembled or processed, refineries, mills, dairies, factories, etc; (m) "industrial estate" means any site selected and notified by the Government, where the Corporation builds factories and other buildings and makes them available for any industries or class of industries or any existing industrial estate or area included in Part A of the Schedule; (n) "land" the expression land shall have the meaning respectively assigned to it in section 3 of the Land Acquisition Act, 1894(1 of 1894); (o) "Lieutenant Governor" means the Administrator of the National Capital Territory of Delhi appointed by the President under article 239 of the Constitution; (p) "means of access" includes a road or any means of access, whether private or public, for vehicles or for foot passengers, every building / plot shall abut on a public / private means of access like streets / roads duly formed; (q) "person interested" shall have the meaning assigned to it in section 3 of the Land Acquisition Act, 1894 (1 of 1894); (r) "premises" means any land or building or part of a building and includes- (i) the garden, grounds and out-houses, if any, appertaining to such building or part of a building; and (ii) any fitting affixed to such building or part of a building for the more beneficial enjoyment thereof; (s) "prescribed" means prescribed by rules made under this Act; (t) "regulations" means regulations made by the Corporation under this Act; (u) "Schedule" means the Schedule appended to this Act.

For the purpose of securing and assisting in the rapid and orderly establishment and organisation of industries in industrial areas, industrial estates and flatted factories complexes and for operation and maintenance of industrial areas, industrial estates and flatted factories complexes in Delhi, the Corporation shall, after the commencement of this Act, be empowered by the Government by notification in the official Gazette and by such amendments to the Memorandum of Association of the Corporation as may be necessary.

The functions of the Corporation shall be- (I) generally to promote and assist in the rapid and orderly establishment, growth and development of industries in Delhi, and (ii) in particular, and without prejudice to the generality of clause (i), to- (a) establish, operate, maintain and manage industrial estates at place selected and notified by the Government including the existing industrial areas, industrial estates and flatted factory complexes being maintained by the Municipal Corporation of Delhi constituted under section 3 of the Delhi Municipal Corporation Act, 1957 (66 of 1957). All industrial estates/ areas of Delhi will stand transferred to the Corporation for this purpose within prescribed time frame; (b) develop industrial areas selected and notified by the Government for the purpose and make them available for undertakings to establish themselves; (c) build, flatted factories complexes at sites selected and notified by the Government for the purpose and make them available for any industries and class of industries; (d) redevelopment of clusters of industrial concentration in non-conforming areas identified and notified for redevelopment by the Government; (e) undertake schemes or works, either jointly with other corporate bodies or institutions, or with Government or local authorities, or on an agency basis, in furtherance of the purposes for which the Corporation is established and all matters connected therewith; (f) all functions listed in the objects clause of the Memorandum of Association of the Corporation; (g) any other function as the Government may, by notification in the official Gazette and by such amendments to the Memorandum of Association of the Corporation as may be necessary, prescribe for the purposes of this Act; (h) the Corporation shall make such amendments to the Memorandum of Association as may be necessary to incorporate the functions under this section which are not part of the Memorandum of Association.

Subject to the provisions of this Act, the Corporation shall have power - (a) to acquire and hold such property, both movable and immoveable as the Corporation may deem necessary for the performance of any of its functions under section 4 and to lease, sell, exchange or otherwise transfer any property held by it on such conditions as may be prescribed by the Government; (b) to provide or cause to be provided amenities and common facilities in industrial estates, industrial areas and flatted factories complexes and construct and maintain or cause to be maintained works and buildings therefor; (c) to construct buildings for the housing of the employees of such industries; (d) to allot factory sheds, industrial plots or such buildings or parts of buildings, including residential tenements to suitable persons in the industrial areas, estates and flatted factories complexes established or developed by the Corporation in terms of the allotment policy prescribed by the Government; (e) to modify or rescind such allotments as provided in clause (d) above including the right and power to evict the allottees concerned on breach of any of the terms or conditions of their allotment in terms of the policy guidelines prescribed by the Government; (f) to constitute advisory committee to advise the Corporation; (g) to engage suitable consultants or persons having special knowledge or skill to assist the Corporation in the performance of its functions; (h) subject to the previous permission of the Government to delegate any of its powers generally or specially to any of its committee or officers and to permit them to redelegate specific powers to their subordinates;

Notwithstanding anything contained in any contract or in any law for the time being in force, it shall be lawful for the Corporation to levy fees or service charges to cover its expenses on maintenance of roads, drainage, water-supply, construction, operation and maintenance of Common Effluent Treatment Plants (CETPs) and such other services and amenities as may be provided by it, including provision of street lighting, at such rates as may be prescribed by the Government, from time to time. Such fees or charges may be levied on the plot holders or other persons receiving benefit of the services or amenities.

The Government may issue to the Corporation such general or special directions as to policy as it may think necessary or expedient for the purpose of carrying out the purposes of this Act, and the Corporation shall be bound to follow and act upon such directions.

(1) The Corporation shall have and maintain a fund known as the "Industrial Development, Operation and Maintenance Fund" (here in after referred to as "Fund") for the discharge of its functions under this Act, to which shall be credited - (a) all monies received by the Corporation from the Government by way of grants, subventions, loans, advances or otherwise; (b) all fees, costs and charges received by the Corporation under this Act; (c) ground rent collected with effect from the date on which this Act comes into effect from industrial plots and sheds by the Delhi Development Authority constituted under the Delhi Development Act, 1957 (61 of 1957), the Corporation and the Industries Department of the Government; (d) all monies received by the Corporation from the disposal of lands, buildings and other properties movable and immovable, as may be prescribed; (e) all monies received by the Corporation by way of rents and profits or n any other manner or from any other source as may be prescribed. (2) All monies received with effect from the date on which this Act comes into effect from conversion of industrial plots and sheds from leasehold to freehold by the Industries Department of the Government, Delhi Development Authority constituted under the Delhi Development Act 1957 (61 of 1957) and the Corporation.

The Corporation shall have the authority to spend such sums from the Fund for the purposes as may be prescribed.

The Government may, after due appropriation made by the Legislative Assembly of Delhi by law in this behalf, make such grants, subventions, loans and advances to the Corporation as it may deem necessary for the performance of the functions of the Corporation under this Act; and all grants, subventions, loans and advances made shall be on such terms and conditions as the Government may, after consulting the Corporation, determine.

(1) The Corporation shall, by such date in each year as may be prescribed, prepare and submit to the Government for approval an annual financial statement and the programme of work including operation and maintenance of industrial areas, industrial estates and flatted factories complexes for the succeeding financial year. (2) The annual financial statement shall show the estimated receipts and expenditure during the succeeding financial year in such form and detail as I may be prescribed. (3) The Corporation shall be competent to make variations in the programme of work in the course of the year provided that all such variations and reappropriations out of the sanctioned budget are brought to the notice of the Government by a supplementary financial statement.

(1) The Corporation shall maintain separate bank account and books of account and other books in respect of the Fund in relation to its business and transactions in such form, and in such manner, as may be prescribed. (2) The accounts of the Corporation maintained under this Act shall be audited by the auditor appointed in accordance with the provisions of sub-section (3) of section 19 of the Comptroller and Auditor-General's (Duties, Powers and Conditions of Service) Act, 1971 (56 of 1971) or by any other auditor appointed by the Government. (3) As soon as the accounts of the Corporation are audited, the Corporation shall send a copy thereof together with the copy of the report of the auditor thereon to the Government for laying it in the Legislative Assembly of Delhi.

(1) Notwithstanding anything contained in the last preceding section, the Government may order that there shall be concurrent audit of the accounts of the Corporation by such person as it thinks fit. The Government may also direct a special audit to be made by such person as it thinks fit of the accounts of the Corporation relating to any particular transaction or class or series of transactions or to a particular period. (2) When an order is made under sub-section (1), the Corporation shall present or cause to be presented for audit such accounts and shall furnish to the person appointed under sub-section (1) such information as the said person may require for the purpose of audit.

(1) The Government may, by notification in the official Gazette, provide from such date as is stated therein that the Public Premises (Eviction of unauthorized occupants) Act, 1971 (40 of 1971) shall apply to premises belonging to, vesting in, or leased by, the Corporation as that Act applies in relation to Government premises, but subject to the provisions of sub-section (2). (2) On a notification being issued under sub-section (1), the aforesaid Act and the rules made thereunder shall apply to premises of the Corporation with the following modifications, that is to say:- (a) the Government shall appoint an officer who is holding or has held office whether under the Government or the Corporation, which in the opinion of the Government is not lower in rank than that of a Sub-Divisional Magistrate or an Executive Engineer, to be the competent authority for the purposes of the aforesaid Act and one or more officers may be appointed as competent authorities for different areas or for the same area; (b) references to "public premises" in that Act and the rules shall be deemed to be references to premises of the Corporation.