Chapter V MISCELLANEOUS

The Government may at any time require the Board -

1. (a) to produce any record, correspondence or other document in possession of the Board, and
2. (b) to furnish any report, written plan, estimate, statement of accounts or statistics relating to the functions of the Board.

The Government may depute any officer to inspect or examine any office of the Board or any service or work undertaken by the Board or property belonging to the Board and to report thereon and the Board and all its officers shall be bound to provide access to such person, at all reasonable times, to the premises and properties of the Board as well as of all records, accounts and other documents the inspection of which such officer may consider necessary to enable him to discharge his duties.

The Government may, at any time, issue directions to the Board in relation to the management of the Board and the Board shall comply with such directions. Provided that the Government shall obtain and consider the opinion of the Board before issuing any such direction. Provided further that the Government shall make due provision for any financial liability to the Board arising directly in consequence of any such directions.

Transitional provisions Notwithstanding anything contained in this Act, the Government may, if necessary, appoint a special officer to exercise the powers and discharge the functions of the Board until the day on which the first meeting of the Board is held after the commencement of this Act.

In administering the provisions of this Act, the Board may, with the prior approval of the Government, take over the services of the officers and other employees of any existing organization of the Government or any other local authority with such designations as the Board may determine and they shall hold office for the same tenure, and at the same remuneration and on same terms and conditions of service, as they would have held if the Board had not been established and shall continue to do so until such tenure, remuneration and terms and conditions are duly altered by the Board:

Provided that the tenure, remuneration and terms and conditions of service of any such officer or employee shall not be altered to his disadvantage without the previous approval of the Government:

Provided further that any services rendered by any such officer or employee before the establishment of the Board shall be deemed to be services rendered under the Board:

Provided also that the Board may employ any such officer or other employee in the discharge of such functions under this Act as the Board may think proper and every such officer or other employee shall discharge those functions accordingly.

Taking over the assets and liabilities. 31. On and from the commencement of this Act, the Board may take over such assets and liabilities, both movable and immovable, of any existing organization of the Government or any local authority as may be specified by the Government or by the Central Government, as the case may be, by an order issued in this behalf, on such terms as may be specified in such order.

All appointments, notifications, orders, etc. made or issued prior to formation of the Board to continue in force. 32 .(1) Anything done or any action taken, including any appointment, notification, order, delegation, scheme, rule, form, notice made, granted or issued by any existing organization of the Government or of any other local authority, shall, in so far as it is not inconsistent with the provisions of this Act, continue in force and be deemed to have been made, issued or granted under the provisions of this Act.

1. (2) All debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the existing organization of the Government or any local authority shall be deemed to have been incurred, entered into or engaged to be done by, with or for the Board.
2. (3) All rents, fees and other sums of money due to the existing organization of the Government or any local authority shall be deemed to be due to the Board.
3. (4) All suits, prosecutions and other legal proceedings instituted or which might have been instituted by, for or against the existing organization of the Government or any local authority may be continued or instituted by, for or against the Board.

1. (1) The Board shall for the purposes of this Act, by agreement on such terms and at such price as may be approved by the Board, have power to acquire and hold or dispose of movable and immovable property or any interest thereon.
2. (2) The Government may at the request of the Board acquire, prescribe any immovable property in accordance with the law for the time being in force.

The Board shall be competent to enter into and perform any contract necessary for the discharge of its functions under this Act.

Officers and employees of the Board to be public servants.

35. All officers and employees of the Board shall, when acting or purporting

to act in pursuance to the provisions of this Act or of any rules or regulations made thereunder be deemed to be public servant within the meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860).

Service of notices, etc. 36.

1. (1) Every notice issued by or on behalf of the Board or any of its officers or employee shall be deemed to be duly served -
   • (a) by giving or tendering the notice, order or direction, or by sending it by post / carrier to the person for whom it is intended; or
   • (b) if such person cannot be found, by affixing the notice, order or direction on some conspicuous part of his last known place of residence or business, or by giving or tendering the notice, order or direction to some adult member or servant of his family or by causing it to be affixed on some conspicuous part of the building or land, if any, to which it relates.
2. (2) Where the person on whom a notice, order or direction is to be served is a minor, such service upon his guardian, or upon any adult member of his family, shall be deemed to be the service upon such minor.

Power of entry and inspection.

37. It shall be lawful for any officer or employee authorized by the Board in this behalf, to enter into or upon any land or building built by the Board, with or without assistants and workmen, for the purpose of making an enquiry, inspection, measurement, valuation or survey or to execute any work which is authorized by or under this Act or which it is necessary to execute for any of the purposes or in furtherance of any of the provisions of this Act or of any rule or regulation made thereunder.

Breaking into building.

38. It shall be lawful for any person authorized by the Board in this behalf to make an entry into any place whereupon the premises and structures have been built by the Board and to open or cause to be opened any door, gate or other barrier thereof or thereon -

1. (a) if he considers the opening thereof necessary for the purpose of such entry; and
2. (b) if the owner or occupier is absent, or being present refuses to open such door, gate or barrier.

No entry authorized by or under this Act shall be made except between the hours of sunrise and sunset.

Save as provided in this Act, no land or building shall be entered without the consent of the occupier or, if there be no occupier, of the owner thereof, and no such entry shall be made without giving the said occupier or owner, as the case may be, not less than twenty-four hours written notice of the intention to make such entry.

1. (1) If the Board is of the opinion that any persons are in occupation of any public premises and that they should be evicted, the Board shall issue in the manner hereinafter provided a notice in writing calling upon all persons concerned to show cause why an order of eviction should not be made.
2. (2) The notice shall –
   • (a) specify the grounds on which the order of eviction is proposed to be made; and
   • (b) require all persons concerned, that is to say, all persons who are, or may be in occupation of, or claim interest in, the public premises, -
     • (i) to show cause, if any, against the proposed order on or before such date as specified in the notice, being a date not earlier than seven days from the date of issue thereof, and
     • (ii) to appear before the Board on the date specified in the notice along with the evidence which they intend to produce in support of the cause shown, and also for personal hearing, if such hearing is desired.
3. (3) The Board shall cause the notice to be served by having it affixed on the outer door or some other conspicuous part of the public premises, and in such other manner as may be prescribed, whereupon the notice shall be deemed to have been duly given to all persons concerned.

1. (1) If, after considering the cause, if any, shown by any person in pursuance of a notice under section 41 and any evidence produced by him in support of the same and after personal hearing, if any, given under clause
   • (b) of sub-section
2. (2) of section 41, the Board is satisfied that the public premises are in unauthorized occupation, the Board may make an order of eviction, for reasons to be recorded therein, directing that the public premises shall be vacated, on such date as may be specified in the order , by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the public premises.
3. (2) If any person refuses or fails to comply with the order of eviction on or before the date specified in the said order or within fifteen days of the date of its publication under sub-section (1), whichever is later, the Board may, after the date so specified or after the expiry of the period aforesaid, whichever is later, evict that person from, and take possession of, the public premises and may, for that purpose, use such force as may be necessary.

Mode of recovery of certain dues. 43. All dues to the Board on account of any charges, costs, expenses, fees, rates, licence fee, damages or rent or on any other account under this Act or any rule or regulation made thereunder shall be recoverable from the person from whom such sum is due as arrears of land revenue. Provided that no proceeding for the recovery of any sum under this section shall be commenced after the expiry of three years from the date on which such sum becomes due.

Revision.. 44. The Lieutenant Governor may, either suo moto or on an application, call for and examine the record of any proceedings or decision or order passed by the Board for the purpose of satisfying himself as to the legality or propriety of any decision or order passed, and, if in his opinion any such decision or order should be modified, annulled or revised, may, after giving the persons affected thereby an opportunity of being heard, pass such order thereon as he may deem fit: Provided that every application to the Lieutenant Governor for the exercise of the powers under this section shall be preferred within ninety days from the date on which the proceeding, decision or order to which the application relates was communicated to the applicant.

1. (1) Any person aggrieved by any notice, order or direction issued or given by the Board under this Act, may, within thirty days from the date of receipt of the notice, order or decision, appeal to the Lieutenant Governor: Provided that the Lieutenant Governor may entertain an appeal after the expiry of the said period of thirty days if he is satisfied that there was sufficient cause for not filing it within that period.
2. (2) An appeal to the Lieutenant Governor shall be made in such form

and shall be accompanied by a copy of the notice, order or direction

appealed against and by such fees as may be prescribed by rules.

1. (3) The order of the Lieutenant Governor on an appeal under sub- section
2. (1) shall be final. 4) No appeal shall be decided under this section unless the appellant has been heard or has had a reasonable opportunity of being heard.

No person shall-

1. (a) willfully obstruct any member of the Board or any person acting

under the authority of the Board in the performance of his duties; and

1. (b) carry out any development in a notified slum and jhuggie jhopri basti without obtaining permission of the Board.

Penalties. 47. whosoever:-

1. (a) obstructs entry of a person authorized by the Board in this behalf in or upon any land and building for purposes of any enquiry, inspection, measurement, valuation or survey or to execute any work authorized by and considered necessary under this Act, shall, on conviction, be punishable with simple imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both;
2. (b) contravenes or fails to comply with any other provision of this Act or of any notice, order or direction issued in pursuance of the provisions of this Act or the rules and regulations made shall, on conviction be punishable with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.

Prosecution and trial of offences. 48.

1. (1) No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Board.
2. (2) No Court inferior to that of a Metropolitan Magistrate shall try any offence punishable under this Act.

Protection of action taken in good faith. No suit or other legal proceeding shall lie instituted in any court against the Board or against any person or authority acting under the direction of any officer or other employee of the Board for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act or the rules or regulations made thereunder.

Delegation of powers by the Board. The Board may, by order, direct that any power conferred or any duty imposed on it by or under this Act shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercised and performed also by any officer or employee specified in the order.

1. (1) Where the Government is satisfied that the purposes for which the Board was established under this Act have been substantially achieved so as to render the continued existence of the Board in the opinion of the Government unnecessary, the Government may, by notification in the official Gazette, declare that the Board shall be dissolved with effect from such date as may be specified in the notification and the Board shall be deemed to be dissolved accordingly.
2. (2) Upon the publication of the notification under sub-section (1) dissolving the Board -
   • (a) all properties, funds and dues, which are vested in or realizable by, the Board, shall vest in, or be realizable by, the Government;
   • (b) all lands placed at the disposal of the Board shall revert to the Government ; and
   • (c) services of all the officials and officers working under the Board shall be deemed to be transferred to the Government.

1. (1) The Government may, by notification in the official Gazette, make rules for carrying out all or any of the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: -
   • (a) the salaries, allowances and conditions of service of the members of the Board;
   • (b) levying of fees and charges by the Board in respect of any services which it may be required to provide;
   • (c) composition of Urban Shelter Consultative Committee;
   • (d) remuneration of the members of the Consultative Committee;
   • (e) the sum or sum of money out of its funds that the Board may keep in current account of the State Bank of India or any other nationalized bank; any money in excess of the said sum or sums that may be invested by the Board in the manner to be approved by the Government;
   • (f) the form in which and the time of the year at which the budget of the Board shall be prepared, the number of copies of the budget to be forwarded to the Government, the form of the annual statement of accounts, including the balance-sheet and the form for the maintenance of accounts and other relevant records;
   • (g) the form of annual report of the Board and the date on or before which it shall be submitted to the Government;
   • (h) the manner of service of notice to show cause against the order of eviction;
     • (i) the form in which an appeal is to be filed to the Lieutenant Governor and prescribing the fee required to be accompanied with the appeal, against the decision of the Board;
   • (j) any other matter which is to be, or may be, prescribed by rules.

1. (1) The Board may with the previous approval of the Government and by notification in the official Gazette, make regulations consistent with this Act and the rules made thereunder to carry out the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely-:
   • (a) the pay and other conditions of service of officers and employees of the Board;
   • (b) the manner of dealing with the representations and suggestions of residents of the jhuggi-jhompri basti with regard to payment or contribution of labour, other than charges for use of toilet and bathing facilities;
   • (c) the procedure to be followed by the Board in connection with the constitution of Basti Vikas Samiti for any jhuggi-jhompri basti to assist and advise the Board on matters relating to the activities of the Board in respect of such basti or bastis;
   • (d) any other matter which is to be, or may be, prescribed by regulations;

Every rule and every regulation made under this Act shall be laid, as soon as may be after such rules or regulation is made, before the House of the Legislative Assembly of Delhi, 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, the House agrees in making any modification in the rule or regulation, as the case may be, or the House agrees that the rule or regulation, as the case may be, should not be made, the rule or 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 or anything previously done under that rule or regulation.

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by general or special order published in the official Gazette, make such provisions not inconsistent with the provisions of

this Act as appear to it to be necessary or expedient for the removal

of the difficulty:

Provided that no such order shall be made after the expiration of two years from the commencement of this Act.

1. (2) Every order made under sub-section
2. (1) of this section shall be laid, as soon as may be after it is made, before the Legislative Assembly of Delhi.