Delhi Urban Shelter Improvement Board Act, 2010
No: 7 Dated: May, 13 2010
Delhi Urban Shelter Improvement Board Act, 2010
Delhi Act 7 of 2010
An Act to provide for the establishment of The Delhi Urban Shelter Improvement Board in the National Capital Territory of Delhi and for matters 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 Urban Shelter Improvement Board 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 and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "Board" means the Delhi Urban Shelter Improvement Board constituted under sub-section (1) of Section 3 of this Act;
(b) "building" includes a house, out-house, stable, latrine, urinal shed, hut, jhuggi, wall (other than a boundary wall) or any other structure whether made of masonry, brick, wood, mud, metal or any other material but does not include any portable shelter;
(c) "Delhi" means the National Capital Territory of Delhi;
(d) "Government" means the Lt. 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;
(e) "improvement" in relation to any jhuggi jhopri basti means the activity of improvement as provided under Section 11 of this Act;
(f) "Jhuggi" means a structure whether temporary or pucca, of whatever material made, with the following characteristics, namely :-
(i) it is built for residential purpose;
(ii) its location is not in conformity with the land use of the Delhi Master Plan;
(iii) it is not duly authorized by the local authority having jurisdiction; and
(iv) it is included in a jhuggi jhopri basti declared as such by the Board, by notification;
(g) "Jhuggi Jhopri basti" means any group of jhuggis which the Board may, by notification, declare as a jhuggi jhopri basti in accordance with the following factors, namely :-
(i) the group of jhuggis is unfit for human habitation;
(ii) it, by reason of dilapidation, overcrowding, faulty arrangement and design of such jhuggis, narrowness or faulty arrangement of streets, lack of ventilation, light or sanitation facilities, or any combination of these factors, is detrimental to safety, health or hygiene; and
(iii) it is inhabited at least by fifty households as existing on 31st March, 2002 :
Provided that the Board may, by order, attach any jhuggi or jhuggis scattered in the nearby areas to any jhuggi jhopri basti and such jhuggi or jhuggis shall be deemed to be part of such jhuggi jhopri basti;
(h) "katra" includes a residential building or group of buildings in which more than one household share common facilities which is traditionally and popularly known in Delhi as a "katra";
(i) "land" includes benefits arising out of land, things attached to the earth or permanently fastened to anything attached to the earth and rights created by law over any street;
(j) "Lieutenant Governor" means the Lieutenant Governor of the National Capital Territory of Delhi appointed by the President under Article 239 of the Constitution;
(k) "local authority" includes the Delhi Development Authority, the Municipal Corporation of Delhi, the New Delhi Municipal Council, the Delhi Cantonment Board, and any other authority performing the functions of a local authority;
(l) "Master plan" means the Master Plan for Delhi prepared under the Delhi Development Act, 1957 (61 of 1957);
(m) "occupier" includes-
(i) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable;
(ii) an owner in occupation of, or otherwise using his land or building;
(iii) a rent-free tenant of any land or building;
(iv) a licensee in occupation of any land or building; and
(v) any person who is liable to pay to the owner damages for the use and occupation of any land or building;
(n) "Official Gazette" means the Official Gazette of Delhi;
(o) "owner" in respect of clause (b) of Section 38 and Section 40 of this Act shall have the same meaning as assigned in clause (37) of Section 2 of the Delhi Municipal Corporation Act, 1957 (66 of 1957), whereas in respect of sub-section (2) of Section 10, sub-section (1) of Section 11 and sub-sections (1) and (4) of Section 12, it means the Central Government, or Government of Delhi, as the case may be, or their agencies;
(p) "person interested" in relation to any land or building, includes any person claiming, or entitled to claim, an interest In the compensation payable on account of the acquisition of that land or building under this Act;
(q) "premises" means any land or building or part of a building and includes-(a) the garden, ground and out-houses, if any, appertaining to a building or part of a building, and (b) any fittings affixed to a building or part of a building for the more beneficent enjoyment thereof;
(r) "public premises" shall have the same meaning as defined in clause (e) of Section 2 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (40 of 1971);
(s) "redevelopment" means the activity of redevelopment of an area where jhuggi jhopri basti is situated in accordance with the provisions of Section 12 of this Act;
(t) "regulation" means a regulation made by the Board with the approval of the Government, under this Act, by notification in the Official Gazette;
(u) "rule" means a rule made by the Government under this Act, by notification in the Official Gazette;
(v) "slum" and "slum area" shall have the same meanings as assigned to them under the Slum Areas (Improvement and Clearance) Act, 1956 (96 of 1956);
(w) "unauthorized regularized colonies" mean the unauthorized colonies regularized from time to time.