FUNCTIONS AND POWERS 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 effects or is likely to affect the skyline or the aesthetic quality of Surroundings or any public amenity provided therein.
2. Subject to -the provisions of sub-section (I), it shall be the duty of tho Commission to scrutinize, approve, reject or modify proposals in respect of the following matters, namely :-
- Development of district centers, civiccentres, areas earmarked for Government administrative buildings and for residential complexes, public parks and public gardens;
- 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 Liityen's New Delhi and such other areas as the Central Government may, by notification in the Official Gazette, specify;
- Plans, architectural expressions and visual appearance of new buildings in the centers, areas, parks and gardens specified -in clauses (a) and (b) including selections of models or statues and fountains therein;
- 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;
- Conservation, preservation and beautification ot monumental buildings, public parks and public gardens including location or installation of statues or fountains therein;
- Underpasses, overpasses and regulations of street furniture and hoardings;
- Location and plans of power houses, water towers. television and other communication towers and other allied structures;
- Any other project 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;
- Such other matters as may be prescribed by rules.
Explanation- For the purposes of this sub-section,-
- The salaries, if any, allowances and other terms and conditions of service of members of the Commission;
- "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;
- "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, cinema, restaurants and other places of entertainment.
3. Without prejudice to the provisions contained in subsection (1) and subsection (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. 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. 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. 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. 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, in respect of the following matters, namely :-
- Summoning and enforcing the attendance of any person examining him;
- Requiring discovery and production of any documents ;
- Receiving evidence on affidavits ;
- Requisitioning any public record or copies thereof from any office;
- Any other matter which may be prescribed by rules.