NATIONAL CAPITAL TERRITORY OF
DELHI LAWS (SPECIAL PROVISIONS) SECOND (AMENDMENT) ACT, 2017 THE
NATIONAL CAPITAL TERRITORY OF DELHI LAWS (SPECIAL PROVISIONS) SECOND (AMENDMENT)
ACT, 2017 [Act
No. 32 of 2017] [31st
December, 2017] An Act further to amend the National
Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011. Be it enacted by Parliament in the
Sixty-eighth Year of the Republic of India as follows:- This Act may be called the National
Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Act,
2017. In the National Capital Territory of
Delhi Laws (Special Provisions) Second Act, 2011 (20 of 2011) (hereinafter
referred to as the principal Act), in the long title, for the words, figures
and letters "for a further period up to the 31st day of December,
2017", the words, figures and letters "for a further period up to the
31st day of December, 2020" shall be substituted. In the principal Act, in the Preamble,- (a) fourth paragraph
shall be omitted; (b) for ninth paragraph
and tenth paragraph, the following paragraph shall be substituted, namely:- "And whereas more time is required
for the regularisation of unauthorised colonies, village abadi area and their
extensions and special areas;"; (c) in the last
paragraph, for the words, figures and letters "for a period up to the 31st
day of December, 2017", the words, figures and letters "for a period
up to the 31st day of December, 2020" shall be substituted. In the principal Act, in section
1, in sub-section (4), in the opening portion, for the words, figures and
letters "It shall cease to have effect on the 31st day of December,
2017", the words, figures and letters "It shall cease to have effect
on the 31st day of December, 2020" shall be substituted. In the principal Act, in section
3,- (a) in sub-section (1),- ? (i) the words
"hawkers and urban street vendors," shall be omitted; (ii) clause (b) shall be
omitted; (b) in sub-section (3),
for the words, figures and letters "till the 31st day of December,
2017", the words, figures and letters "till the 31st day of December,
2020" shall be substituted; (c) in sub-section (4),
for the words, figures and letters "at any time before the 31st day of
December, 2017", the words, figures and letters "at any time before
the 31st day of December, 2020" shall be substituted. In the principal Act, in section
4,- (a) in clause (a), for
the brackets, letters and word "(a), (b) and (c)", the brackets,
letters and word "(a) and (c)" shall be substituted; (b) in clause (b), the
words "hawkers and urban street vendors," shall be omitted. Statement of Objects
and Reasons - NATIONAL CAPITAL TERRITORY OF DELHI LAWS (SPECIAL PROVISIONS)
SECOND (AMENDMENT) BILL, 2017 STATEMENT
OF OBJECTS AND REASONS (1) The National Capital
Territory of Delhi has been growing phenomenally over the last many years,
putting a heavy strain on its infrastructure and resources and inter alia,
leading to an ever increasing demand for housing, commercial space and other
civic amenities. This has resulted in problem of encroachment on public land,
growth of slums, unauthorised constructions, commercial usage of residential
areas, inadequacy of housing stocks, etc. (2) At the time of
preparation of Master Plan for Delhi-2021 (MPD-2021), in order to protect
certain forms of unauthorised developments from punitive action, the Delhi Laws
(Special Provisions) Act, 2006 was enacted on 19th May, 2006 which was in force
for a period of one year. This was followed by similar Acts which were in force
for one year each. Subsequently, the National Capital Territory of Delhi Laws
(Special Provisions) Second Act, 2011 (the said Act, 2011) was enacted and was
in force for a period of three years. It was extended for a further period of
three years in 2014 vide the National Capital Territory of Delhi Laws (Special
Provisions) Second (Amendment) Act, 2014 and its validity is expiring on 31st
December, 2017. (3) As per the provisions
of the said Act, 2011, orderly arrangements had to be made for relocation and
rehabilitation of slum dwellers and Jhuggi-Jhompri clusters; regulation of
urban street vendors; regularisation of unauthorised colonies, village abadi
area and their extensions; policy regarding existing farm houses involving
construction beyond permissible building limits; regularisation of schools,
dispensaries, religious and cultural institutions, storages, warehouses and
godowns built on agricultural land; redevelopment of existing godown clusters;
orderly arrangements for Special Areas and policy or plan for orderly
arrangements for all other areas of the National Capital Territory of Delhi in
consonance with the Master Plan on its review. (4) The measures to
finalise norms, policy guidelines, feasible strategies for making orderly
arrangements to deal with the problem of encroachment and unauthorised
development are required to be adopted by the Government of National Capital
Territory of Delhi (GNCTD), Delhi Development Authority (DDA), the Municipal
Corporations of Delhi (MCDs), etc. These bodies are in the process of taking
steps to carry out surveys, simplifying procedures, formulation of
redevelopment plan, finalisation of policies, obtaining approvals, etc., in
this regard. The Central Government has been in dialogue with all the
stakeholders to monitor the progress made to complete the action as envisaged
in the said Act, 2011. This process involving multiple stakeholders is likely
to take some more time. Meanwhile, with adequate provisions having been made in
the Street Vendors (Protection of Livelihood and Regulation of Street Vending)
Act, 2014, the provision for protection of street vendors under clause (b) of
sub-section (1) of section 3 in the said Act of 2011, is no longer needed. (5) The objective of the
proposal is to extend the validity of the said Act, 2011 to continue the
protection to certain forms of unauthorised developments in the National
Capital Territory to Delhi from punitive action for a limited period, i.e., up
to 31st December, 2020 and to allow time to the Government, urban local bodies
and other organisations involved to take a balanced and well considered view on
policies, norms and strategies for orderly implementation of plans regarding
these unauthorised developments. (6) In view of above, it
is necessary to extend the provisions of the National Capital Territory of
Delhi Laws (Special Provisions) Second Act, 2011 for a period of three years
from 1st January, 2018 to 31st December, 2020. (7) The Bill seeks to achieve
the aforesaid objectives.
Preamble - NATIONAL CAPITAL TERRITORY OF DELHI LAWS (SPECIAL PROVISIONS)
SECOND (AMENDMENT) ACT, 2017PREAMBLE