27. Act to have overriding effect.—The provisions of this Act shall have effect notwithstanding
anything inconsistent therewith contained in any other law for the time being in force or in any instrument
having effect by virtue of any law other than this Act; or in any decree or order of any court, tribunal or
other authority.
28. Power of the Central Government to give directions.—The Central Government may, from
time to time, give such directions to the Board as it may think fit for the efficient administration of this
Act and when any such direction is given, the Board shall carry out such directions.
29. Violation of Regional Plan.—(1) On and from the coming into operation of the finally published
Regional Plan, no development shall be made in the region which is inconsistent with the Regional Plan
as finally published.
(2) Where the Board is satisfied that any participating State or the Union territory has carried out, or
is carrying out, any activity which amounts to a violation of the Regional Plan, it may, by a notice in
writing, direct the concerned participating State or the Union territory, as the case may be, to stop such
violation of the Regional Plan within such time as may be specified in the said notice and in case of any
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omission or refusal on the part of the concerned participating State or the Union territory to stop activity,
withhold such financial assistance to the concerned participating State or the Union territory, as the Board
may consider necessary.
30. Technical assistance to the Board.—(1) The Central Government may direct its Town and
Country Planning Organisation to provide, on such terms and conditions as may be mutually agreed upon,
such technical assistance to the Board as that Government may consider necessary and the Government of
a participating State may direct the Town Planning Department of that Government to make such
technical assistance to the Board as that Government may consider necessary.
(2) With a view to enabling the Committee to discharge its functions, the Board shall, out of the
technical assistance received by it under sub-section (1) make available to the Committee such technical
assistance as the Committee may require.
31. Officers and employees of the Board.—(1) The Board may appoint such other officers and
employees as it considers necessary for the efficient discharge of its functions under this Act.
(2) The terms and conditions of the officers and employees of the Board shall be such as may be
determined by regulations.
32. Power to delegate.—The Board may, by notification in the Official Gazette, direct that any
function or power (other than the power to approve the Regional Plan and to make regulations), or duty
which the Board may perform, exercise or discharge under this Act shall subject to such conditions, if
any, as may be specified in the notification, be performed, exercised or discharged also by such person or
persons as may be specified in the notification and where any such delegation of power is made the
person or persons to whom such power is delegated shall perform, exercise or discharge those powers in
the same manner and to the same extent as if they were conferred on him or them directly by this Act and
not by way of delegation.
33. Power of entry.—Subject to any rules made in this behalf, any person generally or specially
authorised by the Board in this behalf, may, at all reasonable times, enter upon any land or premises and
do such things thereon as may be necessary for the purpose of lawfully carrying out any works or for
making any survey, examination or investigation, preliminary or incidental to the exercise of any power
or performance of any function by the Board under this Act:
Provided that no such person shall enter any building or any enclosed courtyard or garden attached to
a dwelling-house without previously giving the occupier thereof at least three days’ notice in writing of
his intention to do so.
34. Member-Secretary, officers and other employees of the Board to be public servants.—The
Member-Secretary, officers and other employees of the Board shall be deemed, when acting or purporting
to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of
section 21 of the Indian Penal Code (45 of 1860).
35. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall
lie against the Board or any member or any officer or any other employee of the Board including any
other person authorised by the Board to exercise any power or to discharge any function under this Act, or
for anything which is in good faith done or intended to be done under this Act.
36. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any
of the following matters, namely:—
(a) the composition and number of the members of the Board and of the Committee, as required
by sub-section (3) of section 3 and sub-section (2) of section 4, respectively, to be prescribed;
(b) the terms and conditions of the office of the members as required by sub-section (4) of
section 3, to be prescribed;
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(c) the form and manner in which notice under sub-section (1) of section 12 and sub-section (2)
of section 14 shall be published;
(d) the manner in which notice under sub-section (1) of section 13 shall be published;
(e) the form in which and the time at which the Board shall prepare its budget under section 23
and its annual report under section 24 and the manner in which the accounts of the Board shall be
maintained and audited under section 25;
(f) the conditions and restrictions with respect to the exercise of the powers to enter under
section 33 and other matters relating thereto; and
(g) any other matters which is to be, or may be, prescribed or in respect of which provision is to
be, or may be, made by rules.
37. Power to make regulations.—(1) The Board may, with the previous approval of the Central
Government, by notification in the Official Gazette, make regulations not inconsistent with this Act and
the rules made thereunder to carry out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such regulations may
provide for all or any of the following matters, namely:—
(a) the manner in which and the purposes for which the Board may associate with itself any
person under section 11;
(b) the terms and conditions of service of the officers and employees of the Board under
sub-section (2) of section 31; and
(c) any other matter in respect of which provision is to be, or may be, made by regulations.
38. Rules and regulations to be laid before Parliament.—Every rule and every regulation 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 regulation, as
the case may be, or both Houses agree that the rule or regulation, as the case may be, should not be made,
the rule or regulation 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 or regulation.
39. Dissolution of the Board.—(1) Where the Central Government is satisfied that the purposes for
which the Board was established under this Act have been substantially achieved or the Board has failed
in its objectives, so as to render the continued existence of the Board in the opinion of the Central
Government unnecessary, that Government may, by notification in the Official Gazette, declare that the
Board shall be dissolved with effect from such date as may be specified in the notification; and the Board
shall be deemed to be dissolved accordingly.
(2) From the said date—
(a) all properties, funds and dues which are vested in or realisable by the Board shall vest in, or
be realisable by, the Central Government;
(b) all liabilities which are enforceable against the Board shall be enforceable against the Central
Government;
(c) for the purpose of carrying out any development which has not been fully carried out by the
Board and for the purpose of realising properties, funds and dues referred to in clause (a) the
functions of the Board shall be discharged by the Central Government.
(3) Nothing in this section shall be construed as preventing the Central Government from
reconstituting the Board in accordance with the provisions of this Act.
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40. Acquisition of land and determination of rights in relation to land to be made by the
Government of the participating State or Union territory.—For the removal of doubts, it is hereby
declared that the acquisition of land or the determination of any right or interest in, or in relation to, any
land or other property, where necessary to give effect to any Regional Plan, Functional Plan,
Sub-Regional Plan or Project Plan, shall be made by the Government of the concerned participating State,
or, as the case may be, the Union territory, in accordance with the law for the time being in force in that
State or Union territory.
41. Repeal and saving.—(1) The National Capital Region Planning Board Ordinance,
1984 (Ord. 11 of 1984), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be
deemed to have been done or taken under the corresponding provisions of this Act.