Section 155 in The Sashastra Seema Bal Act, 2007

Title: Power to make rules

Description: (1) The Central Government may, by notification, make rules for the purpose of carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for– (a) the manner of constitution of the Force and conditions of service of its members under section 4; (b) superintendence, direction and control of the Force under section 5; (c) the persons to be enrolled to the Force, mode of enrolment and procedure thereof under section 6;; (d) the authority, to whom resignation to be submitted and the permission for withdrawal from duty to be obtained from, under section 8; (e) the dismissal, removal and reduction in rank of persons under section 11; (f) the authority and other matters required to be prescribed under section 13; (g) the amount and the incidence of fine to be imposed under section 60; (h) the manner and extent of deductions from pay and allowances and the authority therefor under section 66; (i) the procedure of investigation of an offence and the manner and period of detention of persons under section 70; (j) the manner of making the report by the commanding officer in respect of delay in convening Force Court under section 71; (k) the authority to appoint the court of inquiry and the manner of appointment thereof under section 74; (l) the manner of convening Force Courts under section 76; (m) the persons by whom an accused may be defended in a trial and appearance of such persons under section 91; (n) the recruitment and conditions of service of the Judge Attorney- General, Deputy Judge Attorney-General, Additional Judge Attorney-General and Judge Attorney under section 95; (o) the officer to annul proceedings of the Force Court under section 132; and (p) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be, or may be, made by the rules. (3) Every rule made 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.

Title: Provisions as to existing Sashastra Seema Bal

Description: (1) The Sashastra Seema Bal in existence at the commencement of this Act shall be deemed to be the Force constituted under this Act. (2) The members of the Sashastra Seema Bal in existence at the commencement of this Act shall be deemed to have been appointed or, as the case may be, enrolled as such under this Act. (3) Anything done or any action taken before the commencement of this Act in relation to the constitution of the Sashastra Seema Bal referred to in sub-section (1), in relation to any person appointed or enrolled, as the case may be, thereto, shall be as valid and as effective in law as if such thing or action was done or taken under this Act: Provided that nothing in this sub-section shall render any person guilty of any offence in respect of anything done or omitted to be done by him before the commencement of this Act.

Title: Short title, extent, commencement and duration

Description: (1) This Act may be called the National Capital Territory of Delhi Laws (Special Provisions) Act, 2007. (2) It extends to the National Capital Territory of Delhi. (3) It shall be deemed to have come into force on the 19th day of May, 2007. (4) It shall cease to have effect on the 31st day of December, 2008 except as respects things done or omitted to be done before such cesser, and upon such cesser section 6 of the General Clauses Act, 1897 (10 of 1897) shall apply as if this Act had then been repealed by a Central Act.

Title: Definition

Description: (1) In this Act, unless the context otherwise requires,-- (a) 'building bye-laws" means bye-laws made under section 481 of the Delhi Municipal Corporation Act, 1957 (61 of 1957) or the bye-laws made under section 188, sub-section (3) of section 189 and sub-section (1) of section 190 of the Punjab Municipal Act, 1911 (Punjab Act 3 of 1911) as in force in New Delhi or the regulations made under sub-section (1) of section 57 of the Delhi Development Act, 1957 (61 of 1957) relating to buildings; (b) "Delhi" means the entire area of the National Capital Territory of Delhi except the Delhi Cantonment as defined in clause (11) of section 2 of the Delhi Municipal Corporation Act, 1957 (66 of 1957); (c) "encroachment" means unauthorised occupation of Government land or public land by way of putting temporary, semi-permanent or permanent structure for residential use or commercial use or any other use; (d) "local authority" means the Delhi Municipal Corporation established under the Delhi Municipal Corporation Act, 1957 (66 of 1957) or the New Delhi Municipal Council established under the New Delhi Municipal Council Act, 1994 (44 of 1994) or the Delhi Development Authority established under the Delhi Development Act, 1957 (61 of 1957) legally entitled to exercise control in respect of the areas under their respective jurisdiction; (e) "Master Plan" means the Master Plan for Delhi with the perspective for the year 2021 notified, vide the notification number S.O.141(E), dated 7th February, 2007 under the Delhi Development Act, 1957 (61 of 1957); (f) "notification" means a notification published in the Official Gazette; (g) "punitive action" means action taken by a local authority under the relevant law against unauthorised development and shall include demolition, sealing of premises and displacement of persons or their business establishment from their existing location, whether in pursuance of court orders or otherwise; (h) "relevant law" means in case of— (i) the Delhi Development Authority, the Delhi Development Act, 1957 (61 of 1957); (ii) the Municipal Corporation of Delhi, the Delhi Municipal Corporation Act, 1957 (66 of 1957); and (iii) the New Delhi Municipal Council, the New Delhi Municipal Council Act, 1994 (44 of 1994); (i) "unauthorised development" means use of land or use of building or construction of building or development of colonies, village abadi area and its extension, carried out in contravention of the sanctioned plans or without obtaining the sanction of plans, or in contravention of the land use as permitted under the Master Plan or Zonal Plan or layout plan, as the case may be, and includes any encroachment. (2) The words and expressions used but not defined herein shall have the meanings respectively assigned to them in the Delhi Development Act, 1957 (61 of 1957) the Delhi Municipal Corporation Act, 1957 (66 of 1957) and the New Delhi Municipal Council Act, 1994 (44 of 1994).

Title: Enforcement to be kept in abeyance

Description: (1) Notwithstanding anything contained in any relevant law or any rules, regulations or bye-laws made thereunder, the Central Government shall before the expiry of this Act, take all possible measures to finalise norms, policy guidelines and feasible strategies to deal with the problem of encroachment or unauthorised development in the form of encroachment by slum dwellers and Jhuggi-Jhompri clusters, hawkers and urban street vendors, unauthorised colonies, village abadi area and its extension, existing farm houses involving construction beyond permissible building limits and schools, dispensaries, religious institutions, cultural institutions, storages, warehouses and godowns used for agricultural inputs or produce (including dairy and poultry) in rural areas built on agricultural land, as mentioned below:-- (a) policy for relocation and rehabilitation of slum dwellers and Jhuggi-Jhompri clusters in accordance with provisions of the Master Plan of Delhi, 2021 to ensure development of Delhi in a sustainable, planned and humane manner; (b) strategy for regulation of urban street vendors in consonance with the national policy for urban street vendors and hawkers as provided in the Master Plan of Delhi, 2021; (c) scheme containing guidelines for regularisation of unauthorised colonies, village abadi area and its extension, as existed on the 31st day of March, 2002, and where construction took place even beyond that date and up to the 8th day of February, 2007; (d) policy regarding existing farm houses involving construction beyond permissible building limits; and (e) policy regarding schools, dispensaries, religious institutions, cultural institutions, storages, warehouses and godowns used for agricultural inputs or produce (including dairy and poultry) in rural areas built on agricultural land. (2) Subject to the provisions contained in sub-section (1) and notwithstanding any judgment, decree or order of any court, status quo— (i) as on the 1st day of January, 2006 in respect of encroachment or unauthorised development; and (ii) in respect of unauthorised colonies, village abadi area and its extension, which existed on the 31st day of March, 2002 and where construction took place even beyond that date and up to the 8th day of February, 2007, mentioned in sub-section (1), shall be maintained. (3) All notices issued by any local authority for initiating action against encroachment or unauthorised development referred to in sub-section (1), shall be deemed to have been suspended and no punitive action shall be taken till the 31st day of December, 2008. (4) Notwithstanding any other provision contained in this Act, the Central Government may, at any time before the 31st day of December, 2008, withdraw the exemption by notification in respect of encroachment or unauthorised development mentioned in sub-section (2) or sub-section (3), as the case may be.