Strictly Private and Confidential Draft for discussion purposes ... - Delhi

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Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Only(1) All disputes with respect to the immovable property in the notified area shall be recordedin the register of title in the manner prescribed . Provided that all the disputes withrespect to the ownership to or any interest over any immovable property pending beforeany court prior to the notification of the area shall be entered in the register of titles andno title shall be registered and recorded as a conclusive title record or deemed to havebeen registered and recorded to such immovable properties with respect to which disputeshave been so recorded, until such disputes are finally adjudicated.(2) Authority may prescribe the manner in which all such disputes shall be registered in theregister of titles.(3) Any entry in the register of titles, against which it is indicated that a dispute is pending,shall be entered along with the particulars of the dispute as prescribed which shall, interalia,include the following:(a) Details of the parties involved in the dispute,(b) Details of the forum where such dispute is pending, and(c) Details of attachments of property under court decrees, injunctions and orders of anycourt or statutory Authority.(d) Other particulars as prescribed in this regard.(4) On information submitted to the Authority under this part, appropriate changes shall bemade in the Registers.CHAPTER IXDelhi Urban Property Registration and Titling TRIBUNAL44. Civil court not to have jurisdiction(1) Save as otherwise provided in this Act, the Tribunal shall be the sole competent court inDelhi having jurisdiction to entertain any proceedings in respect of any matter under thisAct and to hear appeal against the order passed by Authority under this Act.(2) No civil court shall have jurisdiction to entertain any suit or proceeding in respect of anymatter which the Tribunal is empowered to determine by or under this Act and noinjunction shall be granted by any court or other authority in respect of any action takenor to be taken by the Tribunal in pursuance of any power conferred by or under this Act.45. Constitution of Tribunal(1) As soon as may be after the commencement of this Act, the government shall bynotification in the Official Gazette, constitute a Tribunal to be called the Delhi UrbanProperty Registration and Titling Tribunal.(2) The Tribunal shall exercise and discharge such powers and functions as may be conferredon it by or under this Act or any other law, and shall also exercise and discharge such30
Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Onlyother powers and functions of the government under this Act or any other law as may beconferred on it by the government by notification in the Official Gazette under theprovisions of this Act.(3) The government shall vide notification provide for the composition, constitution of theTribunal, term, salary, vacancy and other particulars of the officers of such Tribunal, andall such other matters that the government deems fit and necessary for operation andfulfillment of the role of the Tribunal.46. Powers of the Tribunal(1) The Tribunal may, by order in writing, form one or more benches from among itsmembers and authorise each such bench to exercise and discharge such of the Tribunal'spowers and functions as may be specified in the order; and every order made or act doneby a bench in exercise of such powers or discharge of such functions shall be deemed tobe the order or act, as the case may be, of the Tribunal.(2) To the extent permissible, the Tribunal shall not be bound by the procedure laid down inthe Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles ofnatural justice and, subject to the other provisions of this Act and of any rules made bythe Central government, the tribunal and the appellate tribunal shall have power toregulate their own procedure.(3) The Tribunal shall have, for the purposes of discharging its functions under this Act, thesame powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of1908) while trying a suit in respect of the following matters, namely:-a. summoning and enforcing the attendance of any person and examining himon oath;b. requiring the discovery and production of documents;c. receiving evidence on affidavits;d. subject to the provisions of sections 123 and 124 of the Indian Evidence Act,1872 (1 of 1872), requisitioning any public record or document or copy ofsuch record or document from any office 12 ;e. issuing commissions for the examination of witnesses or documents;12 Note to Draft: Section 123 of the Indian Evidence Act, 1872 provides that no one shall be permitted to give any evidencederived from unpublished official records relating to any affairs of State, except with the permission of the officer at the head of thedepartment concerned, who shall give or withhold such permission as he thinks fit.Note to Draft: Section 124 of the Indian Evidence Act, 1872 provides that no public officer shall be compelled to disclosecommunications made to him in official confidence, when he considers that the public interest would suffer by the disclosure31
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Strictly Private and Confidential Draft for discussion purposes ... - Delhi

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