THE DELHI URBAN ART COMMISSION ACT, 1973                                                                                                                                        

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ARRANGEMENT OF SECTIONS                                                                                                            

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CHAPTER I 

PRELIMINARY 

SECTIONS 

1. Short title, extent and commencement. 

2. Definitions. 

CHAPTER II 

ESTABLISHMENT OF THE COMMISSION 

3. Establishment of the Commission. 

4. Composition of the Commission. 

5. Terms and conditions of service of members. 

6. Meetings of the Commission. 

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

Commission. 

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

9. Appointment of staff of the Commission. 

10. Authentication of orders and other instrument of the Commission. 

CHAPTER III 

FUNCTIONS AND POWERS OF THE COMMISSION 

11. Functions of the Commission. 

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

13. Appeal to the Central Government in certain cases. 

14. Power to revise decision in certain cases. 

15. Powers of the Commission.  

CHAPTER IV 

FUND, ACCOUNTS AND AUDIT 

16. Payment to the Commission. 

17. Fund of the Commission. 

18. Budget. 

19. Annual report. 

20. Accounts and audit. 

21. Returns and information. 

22. Power to exempt. 

CHAPTER V 

MISCELLANEOUS 

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SECTIONS 

23. Delegation of powers. 

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

25. Protection of action taken in good faith. 

26. Power to make rules. 

27. Power to make regulations. 

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THE DELHI URBAN ART COMMISSION ACT, 1973 

ACT NO. 1 OF 1974 

An  Act  to  provide  for  the  establishment  of  the  Delhi  Urban  Art  Commission  with  a  view  to 
preserving,  developing  and  maintaining  the  aesthetic  quality  of  urban  and  environmental 
design within Delhi. 

BE it enacted by Parliament in the Twenty-fourth Year of the Republic of India as follows:— 

[1st January, 1974.] 

CHAPTER I 

PRELIMINARY 

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  date1 as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint. 

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” includes 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  operations  in,  on,  over  or  under,  land  or  the  making  of  any  material 
change in any building or land and includes re-development; 

(f) “engineering operations” includes the formation or laying out of means of access to a road or 

the laying out of means of water supply; 

(g) “local body” means the Delhi Municipal Corporation established under the Delhi Municipal 
Corporation  Act,  1957  (66  of  1957),  the  New  Delhi  Municipal  Committee  constituted  under  the 
Punjab Municipal Act, 1911 (Punjab Act  III of 1911), as in force in Delhi, the Delhi Development 
Authority  constituted  under  the  Delhi  Development  Act,  1957  (61  of  1957),  or  any  other  local 
authority concerned with urban development of Delhi; 

(h) “member” means a member of the Commission and includes its Chairman; 

(i) “public amenity” includes road, water supply, street lighting, drainage, sewerage, public works 
and such other convenience as the Central Government may, by notification in the Official Gazette, 
specify to be a public amenity for the purposes of this Act; 

(j) “regulation” means a regulation made under this Act by the Commission; 

(k) “rule” means a rule made under this Act by the Central Government. 

1. 1st May, 1974, vide notification No. G.S.R. 189(E), dated the 27th April, 1974, see Gazette of India, Extraordinary, Part II,  

sec. 3(i). 

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CHAPTER II 

ESTABLISHMENT OF THE COMMISSION 

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. 

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. 

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. 

(6) Subject to the foregoing provisions, the terms and conditions of service of the Chairman and other 

members shall be such as may be prescribed by rules. 

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. 

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  invaild  by  reason 
merely of any vacancy in, or any defect in the constitution of, the Commission. 

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. 

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. 

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(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. 

10. Authentication of orders and other instrument 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. 

CHAPTER III 

FUNCTIONS AND POWERS OF THE COMMISSION 

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  aesthetic  quality  of  surroundings  or  any  public 
amenity provided therein. 

(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 Government administrative 

buildings and for residential complexes, public parks and public gardens; 

(b)  re-development  of  the  area  within  the  jurisdiction  of  New  Delhi  Municipal  Committee 
including  Connaught  Place  Complex  and  its  environs,  Central  Vista,  the  entire  bungalow  area  of 
Lutyen’s  New  Delhi,  and  such  other  areas  as  the  Central  Government  may,  by  notification  in  the 
Official Gazette, specify; 

(c) plans, architectural expressions and visual appearance of new buildings in the centres, areas, 
parks  and  gardens  specified  in  clauses  (a)  and  (b)  including  selections  of  models  for  statues  and 
fountains therein; 

(d) re-development of areas in the vicinity of Jama Masjid, Red Fort, Qutab, Humayun’s Tomb, 
Old  Fort,  Tuglakabad  and of  such  other  places  of  historical  importance as  the Central  Government 
may, by notification in the Official Gazette, specify; 

(e)  conservation,  preservation  and  beautification  of  monumental  buildings,  public  parks  and 

public gardens including location or installation of statues or fountains therein; 

(f) under passes, over-passes and regulations of street furniture and hoardings; 

(g) location and plans of power houses, water towers, television and other communication towers 

and other allied structures; 

(h)  any  other  projects  or  lay-out  which  is  calculated  to  beautify  Delhi  or  to  add  to  its  cultural 

vitality or to enhance the quality of the surroundings thereof; 

(i) such other matters as may be prescribed by rules. 

Explanation.—For the purposes of this sub-section,— 

(i) “civic centre” means the headquarters of a local body comprising therein its office buildings 

and buildings intended for cultural activities; 

(ii) “Connaught Place Complex” means the area comprising Connaught Place and its extension 
measuring approximately 140 hectares, being the area described as Zone D-I (Revised) in the Delhi 
Master Plan; 

(iii)  “district  centre”  means  a  self-contained  unit  created  in  the  Delhi  Master  Plan  comprising 
areas for retail shopping, general business, commercial and professional offices, forwarding, booking 
and Government offices, cinemas, restaurants and other places of entertainment. 

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(3)  Without  prejudice  to  the  provisions  contained  in  sub-section  (1)  and  sub-section  (2),  the 
Commission may suo motu promote and secure the development, re-development or beautification of any 
areas in Delhi in respect of which no proposals in that behalf have been received from any local body. 

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 (1) 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 scrutiny and the decision 
of the Commission in respect thereof shall be binding on such local body. 

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 fit. 

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. 

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. 

CHAPTER IV 

FUND, ACCOUNTS AND AUDIT 

16. Payment to 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. 

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 therefrom. 

(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 fund 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. 

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. 

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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. 

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 audit report thereon shall be forwarded 
to  the  Central  Government,  and  the  Central  Government  shall  cause  the  same  to  be  laid  before  both 
Houses  of  Parliament  and  shall  also  forward  a  copy  of  the  audit  report  to  the  Commission  for  taking 
appropriate action on the matters arising out of the audit report. 

CHAPTER V 

MISCELLANEOUS 

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

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. 

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. 

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). 

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. 

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. 

(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 Central Government 

under clause (i) of sub-section (2) of section 11; 

(d)  the  form  in  which,  and  the  time  within  which,  the  budget  and  annual  report  of  the 

Commission may be prepared and forwarded to the Central Government; 

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(e) the form and manner in which the accounts of the Commission may be maintained, and the 

time at which, and the manner in which, such accounts may be audited; 

(f) the returns and information which the Commission may be required to furnish to the Central 

Government; 

(g)  the  conditions  subject  to  which  any  building,  building  operation  or  engineering  operation, 

designed as a result of an architectural competition, may be exempted; 

(h) any other matter which has to be or may be prescribed by rules. 

(3) Every rule made by the Central Government 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 both Houses agree that the rule should not be made, the rule 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. 

27.  Power  to  make  regulations.—1[(1)]  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. 

2[(2) Every regulation made under this section 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  regulation  or  both  Houses  agree  that  the  regulation  should  not  be  made  the  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 regulation.] 

1. Section 27 renumbered as sub-section (1) thereof by Act 4 of 1986, s. 2 and the Schedule (w.e.f.15-5-1986). 
2. Ins. by s. 2 and the Schedule, ibid. (w.e.f. 15-5-1986). 

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