S.1 Short title, extent and commencement

       (1) This Act may be called the Delhi Urban Art Commission Act, 1973
       (2) It extends to the whole of the Union territory of Delhi
       (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint

S.2 Definitions

       In this Act, unless the context otherwise requires,
       (a) "building" includes any structure or erection or part of a structure or erection which is intended to be used for residential, industrial, commercial or other purposes, whether in actual use or not;
       (b) "building operations" included rebuilding operations, structural alterations of, or additions to, buildings and other operations normally undertaken in connection with the construction of buildings;
       (c) "Commission" means the Delhi Urban Art Commission established under section 3;
       (d) "Delhi" means the Union Territory of Delhi;
       (e) "development" with its grammatical variations means the carrying out of building, engineering, mining or other operation

S.3 Establishment of the Commission

       (1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be established a Commission by the name of the Delhi Urban Art Commission
       (2) The Commission shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property and to contract and shall by the said name sue or be sued.

S.4 Composition of the Commission

       The Commission shall consist of a Chairman and such number of other members, being not less than two and not more than four as the Central Government may, by notification in the Official Gazette, appoint from amongst persons who, in the opinion of the Central Government, have sensibility and interest in the plastic and visual arts and urban environment, or possess special knowledge or practical experience in respect of architecture or art

S.5 Terms and conditions of service of members

       (1) A member shall, unless his appointment is terminated earlier by the Central Government, hold office for a term of three years from the date of his appointment
       (2) A person who holds, or who has held, office as Chairman or member shall be eligible for re-appointment to that office once, but only once
       (3) A member may resign his office by writing under his hand addressed to the Central Government, but he shall continue in office until his resignation is accepted by the Central Government
       (4) A casual vacancy caused by the resignation of a member under sub-section (3) or for any other reason, shall be filled by fresh appointment
       (5) A member may be appointed either as a whole-time or part-time member as the Central Government thinks fit
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S.6 Meetings of the Commission

       The commission shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed by regulations
       

S.7 Vacancies amongst members or defect in constitution not to invalidate acts or proceedings of the Commission

       No act or proceeding of the Commission shall be deemed to be invalid by reason merely of any vacancy in, or any defect in the constitution of the Commission

S.8 Temporary association of persons with the Commission for particular purposes

       (1) The Commission may associate with itself, in such manner and for such purposes as may be determined by regulations, any person whose assistance or advice it may desire in carrying out any of the provisions of this Act
       (2) A person associated with it by the Commission under sub-section (1) for any purpose shall have a right to take part in the discussions relevant to that purpose, but shall not have a right to vote at a meeting of the Commission, and shall not be a member for any other purpose.

S.9 Appointment of staff of the Commission

       (1) The Central Government shall, in consultation with the Commission, appoint a Secretary of the Commission who shall hold office during the pleasure of the Central Government: Provided that the first appointment of the Secretary may be made by the Central Government without consultation with the Commission
       (2) The terms and conditions of service of the Secretary shall be such as may be prescribed by rules
       (3) Subject to any rules, the Commission may appoint such other employees as it may think necessary for the efficient performance of its functions under this Act, and the terms and conditions of service of the employees so appointed shall be such as may be determined by regulations

S.10 Authentication of orders and other instruments of the Commission

       All orders and decisions and other instruments of the Commission shall be authenticated by the signature of the Secretary or any other officer of the Commission duly authorised by it in this behalf.

S.11 Functions of the Commission

       (1) It shall be the general duty of the Commission to advise the Central Government in the matter of preserving, developing and maintaining -the aesthetic quality of urban and environmental design within Delhi and to provide advice and guidance to any local body in respect of any project of building operations or engineering operations or any development proposal which affects or is likely to affect the sky-line or the quality of surrounding or any public amenity provided therein
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       (2) Subject to the provisions of sub-section (1), it shall be the duty of the Commission to scrutinise, approve, reject or modify proposals in respect of the following matters, namely-
       (a) Development of district centres, civic centres, areas earmarked for the Government administrative buildings and for residentia

S.12 Duty of local bodies to refer development proposals, etc, to the Commission

       Notwithstanding anything contained in any other law for the time being in force, every local body shall, before according approval in respect of any building operations, engineering operations or development proposals referred to in sub-section (10 of section 11 or intended to be undertaken in any area or locality specified in sub-section (2) of that section, refer the same to the Commission for security and the decision pf the Commission in respect thereof shall be binding on such local body.

S.13 Appeal to the Central Government in certain cases

       If any local body is aggrieved by a decision of the Commission in respect of any building operation, engineering operation or development proposal intended to be undertaken or notified, as the case may be, by that local body and referred to the Commission under section 12, the local body may, within sixty days from the date of such decision, prefer an appeal to the Central Government and the Central Government may pass such order thereon as it deems it.

S.14 Power to revise decision in certain cases

       Nothing contained in this Act shall preclude the Central Government from calling for and examining, on its own motion, if it considers it necessary so to do in the public interest, any case in which a decision has been made by the Commission under section 12 but no appeal lies thereto, and passing such order thereon as it thinks fit: Provided that no such order shall be made prejudicially affecting any person except after giving him an opportunity of making a representation in the matter.

S.15 Powers of the Commission

       For the purpose of performing its functions under this Act, the Commission shall have the same powers as are vested in a civil court while trying a suit under the Code of Civil procedure, 1908 (5 of 1908), in respect of the following matters, namely
       (a) summoning and enforcing the attendance of any person and examining him;
       (b) requiring discovery and production of any documents;
       (c) receiving evidence on affidavits;
       (d) requisitioning any public record or copies thereof from any office;
       (e) any other matter which may be prescribed by rules
       

S.16 Payment of the Commission

       The Central Government may, after due appropriation made by Parliament by law in this behalf, pay to the Commission in each financial year such sums as the Central Government may consider necessary for the performance of the functions of the Commission under this Act.

S.17 Fund of the Commission

       (1) The Commission shall have its own fund, and all sums which may, from time to time, be paid to it by the Central Government shall be carried to the fund of the Commission and all payments by the Commission shall be made there from
       (2) The Commission may spend such sums as it thinks fit for performing its functions under this Act, and such sums shall be treated as expenditure payable out of the Commission
       (3) All moneys in the fund shall be deposited in such bank or invested in such manner as may, subject to the approval of the Central Government, be decided by the Commission
       

S.18 Budget

       The Commission shall prepare, in such form and within such time, each year as may be prescribed by rules, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure, and copies thereof shall be forwarded to the Central Government.

S.19 Annual report

       The Commission shall prepare once every year in such form and within such time as may be prescribed by rules, an annual report giving a true and full account of its activities during the previous year, and copies thereof shall be forwarded to the Central Government, and the Central Government shall cause every such report to be laid before both Houses of Parliament.

S.20 Accounts and audit

       (1) The Commission shall cause to be maintained such books of accounts and other books in relation to its accounts in such form and in such manner as may, in consultation with the Comptroller and Auditor-General of India, be prescribed by rules
       (2) The Commission shall, as soon as may be after closing its annual accounts, prepare a statement of accounts in such form as may be prescribed by rules, and forward the same to the Comptroller and Auditor-General of India by such date, as the Central Government may in consultation with the Comptroller and Auditor General of India, determine
       (3) The accounts of the Commission shall be audited by the Comptroller and Auditor-General of India at such times and in such manner as he thinks fit
       (4) The annual accounts of the Commission together with the audi

S.21 Returns and information

       The Commission shall furnish to the Central Government such returns or other information with respect to its funds or activities as the Central Government may, from time to time, require.

S.22 Power to exempt

       The Central Government may, subject to such conditions as may be prescribed by rules in this behalf, exempt any building, building operation or engineering operation which has been designed as a result of an architectural competition, from the operation of all or any of the provisions of this Act.

S.23 Delegation of powers

       The Commission may, by general or special order in writing, delegate to the Chairman or any other member or any officer of the Commission, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this Act as it may deem necessary for the efficient running of the day-to-day administration of the Commission.

S.24 Members and officers of the Commission to be public servants

       All members and officers of the Commission shall, when acting or purporting to act in pursuance of any of the provisions of this Act, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860)

S.25 Protection of action taken in good faith

       No suit or other legal proceeding shall lie against any member or officer of the Commission in respect of anything which is in good faith done or intended to be done in pursuance of this Act.

S.26 Power to make rules

       (1)The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act
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       (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, if any, allowances and other terms and conditions of service of members of the Commission;
       (b) the terms and conditions of service of the Secretary of the Commission;
       (c) the matters in respect of which the Commission may tender advice to the
       (d) the form in which, and the time within which the budget and annual report of the Commission may be prepared and forwarded t

S.27 Power to make regulations

       The Commission may, with the previous approval of the Central Government, by notification in the Official Gazette, make regulations consistent with this Act and the rules made thereunder for-
       (a) regulating the meetings of the Commission and the procedure for conducting business thereat;
       (b) regulating the manner in which and the purposes for which persons may be associated with the Commission under section 8;
       (c) determining the terms and conditions of service of persons appointed by the Commission under sub-section (3) of section 9;
       (d) any other matter which has to be or may be prescribed by regulations