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Section 16

Dusib Act 2010Union territory Act of Delhi · Act 7 of 2010

(1) Before making use of any site under this Chapter, the Board shall call upon the owner thereof or any person in possession of the site or managing it, to show cause within seven days of the service of notice as to why such temporary use of land should not be made:

Provided that before utilizing the site under this subsection, the Board shall consider the representation, if any, made by such person in this behalf.

(2) If the Board is satisfied, after having considered any representation made under sub-section (1), that it is necessary to make use of the site, the Board may proceed to make use of such site and may use such force for the purpose as may be necessary.

Provided that where the site belonged to the Central Government or any of its agencies or organizations, prior approval shall be taken of the Central government or its agency, or organization concerned.

Lease or agreement no ground for refusal.

17. Notwithstanding the provisions of any other law for the time being in force, no lease or other agreement entered into in respect of such site shall be a ground for refusal to allow temporary use by the Board of such site;

Provided that where the site belonged to the Central Government or any of its agency or 13 organization, prior approval shall be taken of the Central government or its agency or organization concerned.

Issuance of fresh notice.

18. If the Board does not make use of such site for the purpose envisaged in section 14 within a period of six months from the date of the issue of the notice, the Board shall issue fresh notice for the same before making use of it. The period of six months shall count from the date of the issue of the notice under section 16.

Use of temporary site.

19. Notwithstanding the provisions of any other law for the time being in force, the Board may construct such structures or do such works on the site, the use of which is made under section 14 as may appear necessary to it in order to make use of it for provisions of public conveniences and drainage, but as far as may be shall refrain from making permanent alterations and modifications, and shall remove all structures constructed by it upon cessation of such use.

Provided that where the site belonged to the Central Government or any of its agencies or organizations, prior approval shall be taken of the Central Government or its agency or organization concerned.

Duration of temporary use of site.

20. The Board shall discontinue the temporary use of any site taken under this Chapter within two years from the date of commencement of such use:

Provided that if the Board is satisfied that continuation of such temporary use is necessary in the interest of public health, the Board may, after giving opportunity to show cause, by order extend such temporary use for such further period, not exceeding one year, as the Board may deem necessary.

Housing scheme. 21. (1)The Board may prepare a housing scheme for the resettlement of persons who are to be resettled or provided alternative accommodation under any scheme for the removal of any jhuggi jhopri basti under the provisions of section 10 or section 12 of this Act.

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(2) The Board may prepare schemes for housing of those belonging to economically weaker sections including low income group and poor categories.

Provided that except where land or rehabilitation site belongs to the Government, a housing scheme under subsection (1) and (2) shall be drawn up in consultation with the land owning agency on mutually accepted conditions.

(4) Every scheme prepared under sub-section (1) shall provide for the cost of land, the development of such land and all related matters, the mode of allotment of plots or of houses, including the selection of allottees of such plots or houses and the terms and conditions of allotment, and for any other matter that may be considered necessary.

Publication of scheme for inviting objections.

22. Before finalizing and implementing any scheme under this Chapter, the Board shall publish the scheme in such manner as may be prescribed by regulations and shall invite and consider objections, if any, received from the public.

CHAPTER – IV FINANCE, ACCOUNTS AND AUDIT Funds of the Board.

Where this provision sits

ActDusib Act 2010
Section16
JurisdictionUnion territory of Delhi
StatusIn force as published by the source

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