The National Capital Region Planning Board Act, 1985
Administered Ministry: Ministry of Housing and Urban Affairs
Section
Section 21 Grants and loans by the Central Government.
(1) The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the Board grants and loans of such sums of money as that Government may consider necessary to enable the Board to carry out its functions under this Act.
(2) The Central Government shall also, after due appropriation made by Parliament by law in this behalf, pay to the Board such other sums as may be necessary for meeting the salaries, allowances and other remuneration of the Member-Secretary, officers and other employees of the Board and such amounts as may be necessary to meet the other administrative expenses of the Board.
(2) The Central Government shall also, after due appropriation made by Parliament by law in this behalf, pay to the Board such other sums as may be necessary for meeting the salaries, allowances and other remuneration of the Member-Secretary, officers and other employees of the Board and such amounts as may be necessary to meet the other administrative expenses of the Board.
Section 22 Constitution of the Fund.
(1) There shall be constituted a Fund to be called the National Capital Regional Planning Board Fund and there shall be credited there to--
(a) any grants and loans made to the Board by the Central Government under section 21;
(b) all sums paid to the Board by the participating States and the Union territory; and
(c) all sums received by the Board from such other sources as may be decided upon by the Central Government in consultation with the participating States and the Union territory.
(2) The sums credited to the said Fund referred to in sub-section (1) shall be applied for--
(a) meeting the salaries, allowances and other remuneration of the Member-Secretary, officers and other employees of the Board and for meeting other administrative expenses of the Board, so, however, that the total expenses shall not exceed the amount appropriated for this purpose under sub-section (2) of section 21;
(b) conducting surveys, preliminary studies and drawing up of plans for the National Capital Region;
(c) providing financial assistance to the participating States and the Union territory for the implementation of Sub-Regional Plans and Project Plans; and
(d) providing financial assistance to the State concerned for the development of the counter-magnet area subject to such terms and conditions as may be agreed upon between such State and the Board.
(a) any grants and loans made to the Board by the Central Government under section 21;
(b) all sums paid to the Board by the participating States and the Union territory; and
(c) all sums received by the Board from such other sources as may be decided upon by the Central Government in consultation with the participating States and the Union territory.
(2) The sums credited to the said Fund referred to in sub-section (1) shall be applied for--
(a) meeting the salaries, allowances and other remuneration of the Member-Secretary, officers and other employees of the Board and for meeting other administrative expenses of the Board, so, however, that the total expenses shall not exceed the amount appropriated for this purpose under sub-section (2) of section 21;
(b) conducting surveys, preliminary studies and drawing up of plans for the National Capital Region;
(c) providing financial assistance to the participating States and the Union territory for the implementation of Sub-Regional Plans and Project Plans; and
(d) providing financial assistance to the State concerned for the development of the counter-magnet area subject to such terms and conditions as may be agreed upon between such State and the Board.
Section 23 Budget.
The Board shall, in each financial year, prepare in such form and at such time as may be prescribed its budget for the next financial year and forward the same to the Central Government at least three months prior to the commencement of the next financial year.
Section 24 Annual report.
The Board shall prepare in each financial year its annual report in such form and at such time as may be prescribed, giving a full account of its activities during the financial year immediately preceding the financial year in which such report is prepared and forward, before such date as may be prescribed, copies thereof to the Central Government, the participating States and the Union territory.
Section 25 Accounts and audit.
The accounts of the Board shall be maintained and audited in such manner as may be prescribed in consultation with the Comptroller and Auditor-General of India and the Board shall furnish, to the Central Government, before such date as may be prescribed, a copy of its audited accounts together with the auditors report thereon.
Section 26 Annual report and auditors’ report to be laid before Parliament.
The Central Government shall cause the annual report and the auditors' report to be laid as soon as may be after their receipt, on the Table of each House of Parliament while it is in session, for a total period of thirty days, which may be comprised in one session or in two more successive sessions.
Section 27 Act to have overriding effect.
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act; or in any decree or order of any court, tribunal or other authority.
Section 28 Power of the Central Government to give directions.
The Central Government may, from time to time, give such directions to the Board as it may think fit for the efficient administration of this Act and when any such direction is given, the Board shall carry out such directions.
Section 29 Violation of Regional Plan.
(1) On and from the coming into operation of the finally published Regional Plan, no development shall be made in the region which is inconsistent with the Regional Plan as finally published.
(2) Where the Board is satisfied that any participating State or the Union territory has carried out, or is carrying out, any activity which amounts to a violation of the Regional Plan, it may, by a notice in writing, direct the concerned participating State or the Union territory, as the case may be, to stop such violation of the Regional Plan within such time as may be specified in the said notice and in case of any omission or refusal on the part of the concerned participating State or the Union territory to stop activity, withhold such financial assistance to the concerned participating State or the Union territory, as the Board may consider necessary.
(2) Where the Board is satisfied that any participating State or the Union territory has carried out, or is carrying out, any activity which amounts to a violation of the Regional Plan, it may, by a notice in writing, direct the concerned participating State or the Union territory, as the case may be, to stop such violation of the Regional Plan within such time as may be specified in the said notice and in case of any omission or refusal on the part of the concerned participating State or the Union territory to stop activity, withhold such financial assistance to the concerned participating State or the Union territory, as the Board may consider necessary.
Section 30 Technical assistance to the Board.
(1) The Central Government may direct its Town and Country Planning Organisation to provide, on such terms and conditions as may be mutually agreed upon, such technical assistance to the Board as that Government may consider necessary and the Government of a participating State may direct the Town Planning Department of that Government to make such technical assistance to the Board as that Government may consider necessary.
(2) With a view to enabling the Committee to discharge its functions, the Board shall, out of the technical assistance received by it under sub-section (1) make available to the Committee such technical assistance as the Committee may require.
(2) With a view to enabling the Committee to discharge its functions, the Board shall, out of the technical assistance received by it under sub-section (1) make available to the Committee such technical assistance as the Committee may require.
Section 31 Officers and employees of the Board.
(1) The Board may appoint such other officers and employees as it considers necessary for the efficient discharge of its functions under this Act.
(2) The terms and conditions of the officers and employees of the Board shall be such as may be determined by regulations.
(2) The terms and conditions of the officers and employees of the Board shall be such as may be determined by regulations.
Section 32 Power to delegate.
The Board may, by notification in the Official Gazette, direct that any function or power (other than the power to approve the Regional Plan and to make regulations), or duty which the Board may perform, exercise or discharge under this Act shall subject to such conditions, if any, as may be specified in the notification, be performed, exercised or discharged also by such person or persons as may be specified in the notification and where any such delegation of power is made the person or persons to whom such power is delegated shall perform, exercise or discharge those powers in the same manner and to the same extent as if they were conferred on him or them directly by this Act and not by way of delegation.
Section 33 Power of entry.
Subject to any rules made in this behalf, any person generally or specially authorised by the Board in this behalf, may, at all reasonable times, enter upon any land or premises and do such things thereon as may be necessary for the purpose of lawfully carrying out any works or for making any survey, examination or investigation, preliminary or incidental to the exercise of any power or performance of any function by the Board under this Act:
Provided that no such person shall enter any building or any enclosed courtyard or garden attached to a dwelling-house without previously giving the occupier thereof at least three days notice in writing of his intention to do so.
Provided that no such person shall enter any building or any enclosed courtyard or garden attached to a dwelling-house without previously giving the occupier thereof at least three days notice in writing of his intention to do so.
Section 34 Member-Secretary, officers and other employees of the Board to be public servants.
The Member-Secretary, officers and other employees of the Board shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
Section 35 Protection of action taken in good faith.
No suit, prosecution or other legal proceeding shall lie against the Board or any member or any officer or any other employee of the Board including any other person authorised by the Board to exercise any power or to discharge any function under this Act, or for anything which is in good faith done or intended to be done under this Act.
Section 36 Power to make rules. 1 docs
(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) the composition and number of the members of the Board and of the Committee, as required by sub-section (3) of section 3 and sub-section (2) of section 4, respectively, to be prescribed;
(b) the terms and conditions of the office of the members as required by sub-section (4) of section 3, to be prescribed;
(c) the form and manner in which notice under sub-section (1) of section 12 and sub-section (2) of section 14 shall be published;
(d) the manner in which notice under sub-section (1) of section 13 shall be published;
(e) the form in which and the time at which the Board shall prepare its budget under section 23 and its annual report under section 24 and the manner in which the accounts of the Board shall be maintained and audited under section 25;
(f) the conditions and restrictions with respect to the exercise of the powers to enter under section 33 and other matters relating thereto; and
(g) any other matters which is to be, or may be, prescribed or in respect of which provision is to be, or may be, made by rules.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) the composition and number of the members of the Board and of the Committee, as required by sub-section (3) of section 3 and sub-section (2) of section 4, respectively, to be prescribed;
(b) the terms and conditions of the office of the members as required by sub-section (4) of section 3, to be prescribed;
(c) the form and manner in which notice under sub-section (1) of section 12 and sub-section (2) of section 14 shall be published;
(d) the manner in which notice under sub-section (1) of section 13 shall be published;
(e) the form in which and the time at which the Board shall prepare its budget under section 23 and its annual report under section 24 and the manner in which the accounts of the Board shall be maintained and audited under section 25;
(f) the conditions and restrictions with respect to the exercise of the powers to enter under section 33 and other matters relating thereto; and
(g) any other matters which is to be, or may be, prescribed or in respect of which provision is to be, or may be, made by rules.
Section 37 Power to make regulations. 1 docs
(1) The Board may, with the previous approval of the Central Government, by notification in the Official Gazette, make regulations not inconsistent with this Act and the rules made thereunder to carry out the provisions of this Act.
(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 manner in which and the purposes for which the Board may associate with itself any person under section 11;
(b) the terms and conditions of service of the officers and employees of the Board under sub-section (2) of section 31; and
(c) any other matter in respect of which provision is to be, or may be, made by regulations.
(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 manner in which and the purposes for which the Board may associate with itself any person under section 11;
(b) the terms and conditions of service of the officers and employees of the Board under sub-section (2) of section 31; and
(c) any other matter in respect of which provision is to be, or may be, made by regulations.
Section 38 Rules and regulations to be laid before Parliament.
Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, 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, both Houses agree in making any modification in the rule or regulation, as the case may be, or both Houses agree 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 of anything previously done under that rule or regulation.
Section 39 Dissolution of the Board.
(1) Where the Central Government is satisfied that the purposes for which the Board was established under this Act have been substantially achieved or the Board has failed in its objectives, so as to render the continued existence of the Board in the opinion of the Central Government unnecessary, that 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) From the said date--
(a) all properties, funds and dues which are vested in or realisable by the Board shall vest in, or be realisable by, the Central Government;
(b) all liabilities which are enforceable against the Board shall be enforceable against the Central Government;
(c) for the purpose of carrying out any development which has not been fully carried out by the Board and for the purpose of realising properties, funds and dues referred to in clause (a) the functions of the Board shall be discharged by the Central Government.
(3) Nothing in this section shall be construed as preventing the Central Government from reconstituting the Board in accordance with the provisions of this Act.
(2) From the said date--
(a) all properties, funds and dues which are vested in or realisable by the Board shall vest in, or be realisable by, the Central Government;
(b) all liabilities which are enforceable against the Board shall be enforceable against the Central Government;
(c) for the purpose of carrying out any development which has not been fully carried out by the Board and for the purpose of realising properties, funds and dues referred to in clause (a) the functions of the Board shall be discharged by the Central Government.
(3) Nothing in this section shall be construed as preventing the Central Government from reconstituting the Board in accordance with the provisions of this Act.
Section 40 Acquisition of land and determination of rights in relation to land to be made by the Government of the participating State or Union territory.
For the removal of doubts, it is hereby declared that the acquisition of land or the determination of any right or interest in, or in relation to, any land or other property, where necessary to give effect to any Regional Plan, Functional Plan, Sub-Regional Plan or Project Plan, shall be made by the Government of the concerned participating State, or, as the case may be, the Union territory, in accordance with the law for the time being in force in that State or Union territory.