Chapter III FUNCTIONS OF THE BOARD

1. (1) The Board shall have the power to make a survey of any jhuggi jhopri basti, with a view to ascertaining the number of residents thereof, the existing standard of health, sanitation and civic amenities, the availability of medical and educational facilities for the residents thereof, and any other matter which may appear necessary to it to enable it to perform its functions under this Act.
2. (2) It shall be the duty of every local authority and of every department of the Government to make available to the Board all information in its possession relevant to the conduct of such survey.

1. (1) The Board shall have the power to prepare a scheme for the removal of any jhuggi jhopri basti and for resettlement of the residents thereof, and the consent of the residents of the jhuggi jhompri basti shall not be required for the preparation or implementation of such a scheme. Explanation.- Nothing in sub-section
2. (1) shall derogate the power of the Central Government to remove jhuggis, if required.
3. (2) Every such scheme shall specify the amount to be paid by the land owner and by the persons to be resettled towards the cost of new houses to be allotted to them and also the criteria for eligibility for resettlement. Explanation: For the removal of doubts it is hereby clarified that owner of the land from where the basti is removed and the subsequent beneficiary-residents to be resettled shall contribute towards the cost of new houses to be allotted to them and the said amount of the contribution shall be specified in the scheme.
4. (3) The Board may, after prior consultation with the Government, cause any jhuggi jhopri basti to be removed and may resettle such residents thereof as may be eligible in accordance with the scheme prepared under sub-section (1), and it shall be the duty of the local authority having jurisdiction and of the police and of any other agency or department whose assistance the Board may require to co-operate with and render all reasonable assistance to the Board: Provided that where jhuggi jhopri basti is on the land belonging to the Central Government or any of its organizations, the process of removal and resettlement shall be undertaken with the prior consent of the Central Government or its organization concerned: Provided further that such resettlement shall not be done in contravention of the provisions of the Delhi Development Act, 1957 (61 of 1957) and those of the Master Plan for Delhi or the zonal development plans prepared thereunder.

1. (1) The Board may prepare a scheme for the improvement of any jhuggi jhopri basti which may include provision of toilets and bathing facilities, improvement of drainage, provision of water supply, street paving, and provision of dustbins, or sites for garbage collection, street lighting, or any of them, or provision of any like facilities: Provided that no such scheme shall be prepared if the owner of the land on which the jhuggi jhopri basti is situated has already consented to the preparation of a scheme for the removal of the jhuggi jhopri basti under section 10 and has paid his share of the cost thereof.
2. (2) The Board may take all measures which may be necessary for the implementation of any scheme for improvement of a jhuggi jhopri basti prepared under sub-section
3. (1) and it shall be the duty of the local authority, power generation and distribution companies or any licensee under the Electricity Act, 2003 (36 of 2003) having operations in the area, and any department or undertaking of the Government to render all reasonable assistance for the implementation thereof.
4. (3) A scheme prepared under sub-section
5. (1) may include provision for payment or for contribution of labour by the residents of the jhuggi jhopri basti individually or collectively, and may also include provision for recovery of charges for the use of toilets and bathing facilities: Provided that no such payment or contribution of labour,

other than charges for use of toilet and bathing facilities, shall

be levied unless the scheme has been published and the residents given an opportunity to make representations and suggestions regarding it in such manner as may be prescribed by regulations, and such representations or suggestions, if any, have been duly considered by the Board.

Scheme of redevelopment of jhuggi jhopri basti. 12.

1. (1) The Board may, with the consent of the owner of the land on which the jhuggi jhopri basti is situated, work out schemes for collective community rehabilitation, relocation or in-situ upgradation and involve private sector/slum cooperatives for redevelopment of the basti with a view to bringing about environmental improvement and improvement in the living conditions of the residents. Rehabilitation of the residents of the jhuggi jhopri bastis who would be affected by redevelopment shall form an integral part of the rehabilitation scheme.
2. (2) The consent of the residents of the jhuggi jhopri basti shall not be required for the preparation and implementation of any scheme for redevelopment of the basti under this section.
3. (3) The redevelopment scheme referred to in sub-section
4. (1) may provide for construction and disposal by sale or lease of land for commercial, residential, institutional and light industrial use or any one or more of them as per the provisions of the Delhi Development Act, 1957 (61 of 1957) and those of the Master Plan for Delhi and Zonal Development Plans, etc. prepared thereunder.
5. (4) The Board may permit the owners on whose land a basti for which the scheme of re-development has been prepared under sub-section (1), to implement that scheme. Such scheme may not be executed by the Board itself:

Basti Vikas Samiti Basti Vikas Samiti. 13.

1. (1) The Board may constitute a Basti Vikas Samiti for any jhuggi jhopri basti to assist and advise the Board on all matters relating to the activities of the Board in respect of such basti or bastis.
2. (2) The procedure to be followed by the Board in this behalf shall be as may be specified in the regulations made in this behalf.

Power to make temporary use of vacant site. 14. The Board may, subject to the provisions of this Act, make temporary use of any vacant site which, in its opinion, is urgently required for provision of public conveniences or drainage, the absence of which, in the opinion of the Board, is likely to cause a danger to public health and sanitation in the locality:

Preference to other sites Preference to other sites. The Board shall, as far as may be, make use of the land under this Chapter belonging to the Government, the Central Government, a local authority, government undertaking or autonomous body in preference to other sites: Provided that the prior approval of the Central Government shall be taken if the land in question belongs to the Central Government

Procedure of making temporary use of site.

1. (1) Before making use of any site under this Chapter, the Board shall call upon the owner thereof or any person in possession of the site or managing it, to show cause within seven days of the service of notice as to why such temporary use of land should not be made: Provided that before utilizing the site under this sub-section, the Board shall consider the representation, if any, made by such person in this behalf.
2. (2) If the Board is satisfied, after having considered any representation made under sub-section (1), that it is necessary to make use of the site, the Board may proceed to make use of such site and may use such force for the purpose as may be necessary.

Lease or agreement no ground for refusal Notwithstanding the provisions of any other law for the time being in force, no lease or other agreement entered into in respect of such site shall be a ground for refusal to allow temporary use by the Board of such site;

Issuance of fresh notice If the Board does not make use of such site for the purpose envisaged in section 14 within a period of six months from the date of the issue of the notice, the Board shall issue fresh notice for the same before making use of it.

Use of temporary site Use of temporary site. Notwithstanding the provisions of any other law for the time being in force, the Board may construct such structures or do such works on the site, the use of which is made under section 14 as may appear necessary to it in order to make use of it for provisions of public conveniences and drainage, but as far as may be shall refrain from making permanent alterations and modifications, and shall remove all structures constructed by it upon cessation of such use.

Duration of temporary use of site Duration of temporary use of site. The Board shall discontinue the temporary use of any site taken under this Chapter within two years from the date of commencement of such use: Provided that if the Board is satisfied that continuation of such temporary use is necessary in the interest of public health, the Board may, after giving opportunity to show cause, by order extend such temporary use for such further period, not exceeding one year, as the Board may deem necessary.

Housing scheme. 21.

1. (1) The Board may prepare a housing scheme for the resettlement of persons who are to be resettled or provided alternative accommodation under any scheme for the removal of any jhuggi jhopri basti under the provisions of section 10 or section 12 of this Act.
2. (2) The Board may prepare schemes for housing of those belonging to economically weaker sections including low income group and poor categories. Provided that except where land or rehabilitation site belongs to the Government, a housing scheme under sub-section
3. (1) and
4. (2) shall be drawn up in consultation with the land owning agency on mutually accepted conditions.
5. (4) Every scheme prepared under sub-section
6. (1) shall provide for the cost of land, the development of such land and all related matters, the mode of allotment of plots or of houses, including the selection of allottees of such plots or houses and the terms and conditions of allotment, and for any other matter that may be considered necessary.

Publication of scheme for inviting objections. 22. Before finalizing and implementing any scheme under this Chapter, the Board shall publish the scheme in such manner as may be prescribed by regulations and shall invite and consider objections, if any, received from the public.