The National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Bill, 2023 |The LexSphere Library

SECTION Section 1

Untitled Section

•1

•THE NATIONAL CAPITAL TERRITORY OF DELHI LAWS (SPECIAL

•PROVISIONS) SECOND (AMENDMENT) BILL, 2023

•A

•BILL

•further to amend the National Capital Territory of Delhi Laws (Special Provisions)

•Second Act, 2011.

•BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as

•follows:—

SECTION Section 10

Untitled Section

5.The National Capital Territory of Delhi (Recognition of Property Rights of

•Residents in Unauthorised Colonies) Act, 2019 has been enacted and the National Capital

•Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies)

•Regulations, 2019 have been notified on the 29th October, 2019 to confer ownership rights to

•the residents of Unauthorised Colonies. The Development Control Norms for these

•unauthorised colonies have been notified on the 8th March, 2022. The Master Plan for Delhi

•with the perspective year 2041 is under finalisation wherein the measures for unauthorised

•developments like Jhuggi-Jhompri clusters, unauthorised colonies, etc., are being included.

•The process of dealing with these unauthorised developments will take more time. Therefore,

•there is a need for continuing the protection from punitive action granted to certain forms of

•unauthorised developments in the National Capital Territory of Delhi.

SECTION Section 11

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6.2011 Act is valid upto 31st December, 2023 and it is necessary to continue the

•protection of those unauthorised developments where adequate measures are yet to be

taken.

SECTION Section 12

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7.The National Capital Territory of Delhi Laws (Special Provisions) Second

•(Amendment) Bill, 2023 seeks to provide extension of the validity of the said Act for a period

•of three years from 1st January, 2024 to 31 st December, 2026.

SECTION Section 13

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8.The Bill seeks to achieve the above objectives.

•N

•EW DELHI;

•The 10th December, 2023. HARDEEP S PURI.

•3

•FINANCIAL MEMORANDUM

•The provisions of the Bill do not involve any expenditure, either recurring or

•non-recurring, from and out of the Consolidated Fund of India.

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•ANNEXURE

•EXTRACTS FROM THE NATIONAL CAPITAL TERRITORY OF DELHI LAWS (SPECIAL PROVISIONS)

•SECOND ACT, 2011

•(20 OF 2011)

•An Act to make special provisions for the National Capital Territory of Delhi for a

•further period up to the 31st day of December, 2023 and for matters connected therewith or

•incidental thereto.

•* * * * *

•A

•ND WHEREAS the process of conferring the ownership rights to the residents of

•unauthorised colonies and the finalisation of the Development Control Norms for

•unauthorised colonies as provided in the National Capital Territory of Delhi (Recognition of

•Property Rights of Residents in Unauthorised Colonies) Regulations, 2019 is under progress

•and will take time;

•* * * * *

•A

•ND WHEREAS rule 12 of the Delhi Development (Master Plan and Zonal Development

•Plan) Rules, 1959 provides for amendment of whole or any part of the Master Plan, if

•necessary, at the expiry of every five years and accordingly in pursuance of the aforesaid

•rule 12, the process of quinquennial revision of the provisions of the Master Plan notified

•on the 7th February, 2007, is being undertaken for such modifications and updating that

•have emerged based on ground realities which is likely to take some time for finalisation;

•* * * * *

•A

•ND WHEREAS it is expedient to have a law in terms of the Master Plan continuation of

•the said Acts for a period up to the 31st day of December, 2023 to provide for relief and to

•minimise avoidable hardships and irreparable loss to the people of the National Capital

•Territory of Delhi against any punitive action by any agency in respect of the persons

•covered by the policies referred to above.

•* * * * *

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1.(1) * * * * *

(4)It shall cease to have effect on the 31 st day of December, 2023, 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, shall apply as if this Act had then been repealed by a Central Act.

SECTION Section 15

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3.(1) * * * * *

(3)All notices issued by any local authority for initiating action against encroachment

•or unauthorised development in respect of areas referred to in sub-section ( 1), shall be

•deemed to have been suspended and no punitive action shall be taken till the 31st day of

•December, 2023, if—

(a)it is constructed prior to the dates specified for different areas as enumerated

•in sub-section ( 2);

(b)it conforms to the safety standards as in force or such other safety

•requirements as may be notified by the Central Government; and

(c)it complies with the directions with respect to safety, if any, issued by the

•Central Government:

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•Short title,

•extent,

•commencement

•and duration.

•Enforcement

•to be kept in

abeyance.

•10 of 1897.

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•Provided that in case punitive action is required to be taken by any local authority,

•prior approval of the Administrator of the National Capital Territory of Delhi or the officer

•authorised by him in this behalf, shall be obtained by the authority or officer concerned.

(4)Notwithstanding any other provision contained in this Act, the Central Government

•may, at any time before the 31 st day of December, 2023, withdraw the exemption by notification

•in respect of encroachment or unauthorised development mentioned in

•sub-section (2) or sub-section (3), as the case may be.

•* * * * *

•LOK SABHA

•————

•A

•BILL

•further to amend the National Capital Territory of Delhi Laws (Special Provisions)

•Second Act, 2011.

•————

•(Shri Hardeep S Puri, Minister of Housing and Urban Affairs; and Petroleum and

•Natural Gas)

•MGIPMRND—467LS—1 1.12.2023.

SECTION Section 2

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1.This Act may be called the National Capital Territory of Delhi Laws (Special

•Provisions) Second (Amendment) Act, 2023.

SECTION Section 3

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2.In the National Capital Territory of Delhi Laws (Special Provisions) Second

•Act, 2011 (hereinafter referred to as the principal Act), in the long title, for the figures "2023",

•the figures "2026" shall be substituted.

•Short title.

•Amendment

•of long title.20 of 2011.

•AS INTRODUCED IN LOK SABHA

•Bill No. 176 of 2023

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•2

SECTION Section 4

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3.In the principal Act, in the Preamble,—

(a)for seventh paragraph, the following paragraphs shall be substituted,

•namely:—

•"AND WHEREAS the Development Control Norms for unauthorised colonies

•as provided in the National Capital Territory of Delhi (Recognition of Property

•Rights of Residents in Unauthorised Colonies) Regulations, 2019, have been

•notified on the 8th day of March, 2022;

•A

•ND W HEREAS the process of conferring the ownership rights to the

•residents of unauthorised colonies and action as per the Development Control

•Norms for unauthorised colonies is under progress and will take time;";

(b)seventeenth paragraph shall be omitted;

(c)in the last paragraph, for the figures "2023", the figures "2026" shall be

substituted.

SECTION Section 5

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4.In section 1 of the principal Act, in sub-section ( 4), for the figures "2023", the

•figures "2026" shall be substituted.

SECTION Section 6

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5.In section 3 of the principal Act,—

(a)in sub-section ( 3), for the figures "2023", the figures "2026" shall be

•substituted;

(b)in sub-section ( 4), for the figures "2023", the figures "2026" shall be

substituted.

•Amendment

•of Preamble.

•Amendment

•of section 1.

•Amendment

•of section 3.

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•STATEMENT OF OBJECTS AND REASONS

•The phenomenal growth of the National Capital Territory of Delhi over the last many

•years has led to increase in demand for housing, commercial space and other civic amenities.

•The gap in the demand and supply has resulted in the problems of encroachment on public

•land, growth of slums, unauthorised constructions, etc.

SECTION Section 7

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2.The Delhi Laws (Special Provisions) Act, 2006 was enacted on the 19th May, 2006,

•initially for a period of one year, to protect certain forms of unauthorised developments in

•Delhi from punitive action. This protection to various forms of unauthorised developments

•in Delhi has continued thereafter, through Ordinances and Acts enacted from time to time.

SECTION Section 8

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3.In the year 2011, a comprehensive legislation, namely, the National Capital Territory

•of Delhi Laws (Special Provisions) Second Act, 2011, was enacted which was valid for a

•period of three years upto 31st December, 2014. The validity of this Act has been extended

•from time to time with such modification as were necessary and the current validity is upto

•31 st December, 2023.

SECTION Section 9

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4.As per the provisions of the 2011 Act, orderly arrangements had to be made for

•relocation and rehabilitation of slum dwellers and Jhuggi-Jhompri clusters; unauthorised

•colonies, village abadi area (inculding urban villages) and their extensions; farm houses

•involving construction beyond permissible building limits; schools, dispensaries, religious

•and cultural institutions, storages, warehouses and godowns used for agricultural inputs or

•produce (including dairy and poultry) in rural areas built on agricultural land; guidelines for

•redevelopment of existing godown clusters (including those for a storage of non-agricultural

•goods); special areas and policy or plan for orderly arrangement in all other areas of the

•National Capital Territory of Delhi in consonance with the Master Plan on its review.