National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2009
No: 40 Dated: Dec, 22 2009
National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2009
(Act No. 40 of 2009)
An Act to make special provisions for the National Capital Territory of Delhi for a further period up to the 31st day of December, 2010 and for matters connected therewith or incidental thereto
BE it enacted by Parliament in the Sixtieth Year of the Republic of India as follows:—
1. Short title, extent, commencement and duration.—(1) This Act may be called the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2009.
(2) It extends to the National Capital Territory of Delhi.
(3) It shall come into force on the 1st day of January, 2010.
(4) It shall cease to have effect on the 31st day of December, 2010, except as respects things done or omitted to be done before such cesser, and upon such cesser section 6 of the General Clauses Act, 1897 (10 of 1897), shall apply as if this Act had then been repealed by a Central Act.
2. Definitions.—(1) In this Act, unless the context otherwise requires,—
(a) “building bye-laws” means bye-laws made under section 481 of the Delhi Municipal Corporation Act, 1957 (66 of 1957) or the bye-laws made under section 188, sub-section (3) of section 189 and sub-section (1) of section 190 of the Punjab Municipal Act, 1911 (Punjab Act 3of 1911), as in force in New Delhi or the regulations made under sub-section (1) of section 57 of the Delhi Development Act, 1957 (61 of 1957) relating to buildings;
(b) “Delhi” means the entire area of the National Capital Territory of Delhi except the Delhi Cantonment as defined in clause (11) of section 2 of the Delhi Municipal Corporation Act, 1957 (66 of 1957);
(c) “encroachment” means unauthorised occupation of Government land or public land by way of putting temporary, semi-permanent or permanent structure for residential use or commercial use or any other use;
(d) “local authority” means the Delhi Municipal Corporation established under the Delhi Municipal Corporation Act, 1957 (66 of 1957), or the New Delhi Municipal Council established under the New Delhi Municipal Council Act, 1994 (44 of 1994) or the Delhi Development Authority established under the Delhi Development Act, 1957 (61 of 1957), legally entitled to exercise control in respect of the areas under their respective jurisdiction;
(e) “Master Plan” means the Master Plan for Delhi with the perspective for the year 2021, notified vide notification number S.O.141(E), dated the 7th day of February, 2007, under the Delhi Development Act, 1957 (61 of 1957);
(f) “notification” means a notification published in the Official Gazette;
(g) “punitive action” means action taken by a local authority under the relevant law against unauthorised development and shall include demolition, sealing of premises and displacement of persons or their business establishment from their existing location, whether in pursuance of court orders or otherwise;
(h) “relevant law” means in case of—
(i) the Delhi Development Authority, the Delhi Development Act, 1957 (61 of 1957);
(ii) the Municipal Corporation of Delhi, the Delhi Municipal Corporation Act, 1957 (66 of 1957); and
(iii) the New Delhi Municipal Council, the New Delhi Municipal Council Act, 1994 (44 of 1994);
(i) “unauthorised development” means use of land or use of building or construction of building or development of colonies carried out in contravention of the sanctioned plans or without obtaining the sanction of plans, or in contravention of the land use as permitted under the Master Plan or Zonal Plan or layout plan, as the case may be, and includes any encroachment.
(2) Words and expressions used but not defined herein shall have the meanings respectively assigned to them in the Delhi Development Act, 1957 (61 of 1957) the Delhi Municipal Corporation Act, 1957 (66 of 1957) and the New Delhi Municipal Council Act, 1994 (44 of 1994).