Delhi Industrial Development, Operation and Maintenance Act, 2010
No: 08 Dated: May, 13 2010
Delhi Industrial Development, Operation and Maintenance Act, 2010
(Delhi Act 08 of 2010)
An Act to make special provision for securing the orderly establishment of industrial areas, industrial estates and flatted factories complexes in the National Capital Territory of Delhi, and to assist generally in the organization, including operation and maintenance thereof, and for the purpose to reconstitute and empower Delhi State Industrial and Infrastructure Development Corporation Ltd., a company incorporated under the Companies Act, 1956 ( 1 of 1956), and for purposes connected therewith or incidental thereto.
BE it enacted by the Legislative Assembly of the National Capital Territory of Delhi in the Sixty - first year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.-(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.
2. Definitions.- 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 Ten-itory 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;
(I) "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.
CHAPTER - II
EMPOWERMENT OF THE CORPORATION AND ITS FUNCTIONS UNDER THIS ACT
3. Empowerment.-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.