2. • 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.
• The Commission shall meet at such times and places and shall observe
such rules of procedure in regard to the transaction of business It its
meetings as may be prescribed by regulation.
• No act or proceeding of the Commission shall be deemed to be invalid
by reason merely of any vacancy in, or any defect in the constitution 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 authorized by it in this behalf.
ESTABLISHMENT
3. FUNCTIONS AND POWERS
• 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.
• 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.
• 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.
4. • 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.
• 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.
FUND, ACCOUNTS AND AUDIT
• 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.
5. • 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.
• 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.
MISCELLANEOUS
• 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.
• 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 ill or any of the
provisions of this Act.
6. • 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 is it may deem necessary for the
efficient running of the day-to-day administration of the Commission.
• 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.
• 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.
• The Commission may. with the previous approval of the Central Goveriifiicnt,
by notification in the Official Gazette, make regulations consistent with this
Act and the rules made thereunder for-
1. Regulating the meetings of the Commission and the procedure for
conducting business thereat;
2. Regulating the manner in which and the purposes for which persons may
be associated with the Commission under section 8;
3. Determining the terms and conditions of service of persons appointed by
the Commission under subsection (3) of section 9;
4. Any other matter which has to be or may be prescribed by regulations.