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

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Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes OnlyCHAPTER IPRELIMINARY1. Short title, Extent, Commencement and Application(1) This Act may be called the Delhi Survey, Registration and Recordal of Title ofImmovable Properties in Urban Areas Act, [2009].(2) It shall extend to the urban areas of the National Capital Territory of Delhi as notified bygovernment of National Capital Territory of Delhi in the official gazette.(3) It shall come into force on such date as the government may, by notification appoint.Provided that provisions relating to the survey under Chapter IV shall come into forcewith effect from such date as the Authority may notify in this regard.(4) Nothing in this Act shall apply to any class of documents or transactions as may benotified by the government in the Official Gazette in this regard.2. Definitions - In this Act, unless the context otherwise requires“appellate tribunal” means the Delhi Survey, Registration and Recordal of Title ofImmovable Properties in Urban Areas Appellate Tribunal constituted under Section 49;“Authority” means the Delhi Survey, Registration and Recordal of Title of ImmovableProperties in Urban Areas Authority constituted under section3.“Authority fund” means the fund established under Section 14;“conclusive title record” means the conclusive proof of title to the immovable property asregistered and recorded under this Act.“decree” shall have the meaning assigned to it in the Code of Civil Procedure, 1908.“dematerialization” means the electronic keeping and maintaining of records.“designated officer” means a person notified for the purposes of this Act by theAuthority under Section 42.“division" and “sub division” respectively mean a division and sub-division in Delhi asnotified by government.“document” means any matter expressed or described upon any substance by means ofletters, figures or marks or in a dematerialized form or by more than one of those means,intended to be used, or which may be used, for the purpose of recording that matter.8
Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Only“funds” means the Authority Fund and/or properties title indemnity fund, as the contextmay require;“government” means the government of National Capital Territory of Delhi;“immovable property ” includes land, buildings, rights to ways [or any other benefit toarise out of land], and things attached to the earth, or permanently fastened to anythingwhich is attached to the earth, in the urban areas, but does not include plant andmachinery, standing timber, growing corps nor grass.“land” means land that is not let or held for agricultural purposes.“land registration office” means the registration office established by the Authorityunder Section 19 for each division and sub-divisions in the notified area.“lieutenant governor” means the lieutenant governor of the National Capital Territory ofDelhi;“mortgage” means mortgage as defined under the Transfer of Property Act, 1882.“notified” means notified in the official gazette and the word “notification” shall beconstrued accordingly.“notified area” means a division or sub-division (or areas and parts thereof) in theNational Capital Territory of Delhi notified under Chapter IV.“prescribed” means prescribed by rules made under this Act.“Properties Titles Indemnity Fund” means the indemnity fund constituted under Section61.“provisional title record” means a provisional registration and recordal of title in theregister of titles under the provisions of the Act during or upon the expiry of the transitionperiod.“public authority” means all offices of the National Capital Territory of Delhi, all localauthorities, all authorities constituted by or under any act of the Delhi State legislature forthe time being in force, such as a corporation, trust, society, any statutory or otherauthority, or any organization or body funded, owned and controlled by the government .“publish” means publication in the official gazette, or any other medium as prescribed.“record” includes any document, manuscript or file, electronic record, microfilm,microfiche and facsimile copy of a document; any reproduction of image or imagesembodied in such microfilm (whether enlarged or not); and any other material producedby a computer or by any other device, to be used or intended to be used for the purposesof this Act.9
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Strictly Private and Confidential Draft for discussion purposes ... - Delhi

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