DELHI MUNICIPAL CORPORATION ACT, 1957

DELHI MUNICIPAL CORPORATION ACT, 1957

S.1 Short title, extent and commencement

S.2 Definitions

S.3 Establishment of the Corporation

S.3(A) Division of Delhi into zones

S.4 Duration of the Corporation

S.5 Delimitation of wards

S.5(A) Special provision as to delimitation, etc.

S.6 Power to alter or amend delimitation orders

S.7 Elections to the Corporation

S.7(A) Electoral roll for every ward

S.7(B) Electoral registration officers

S.7(C) Assistant Electoral registration officers

S.7(D) Registration of electors

S.7(E) Preparation and revision of electoral rolls

S.7(F) Correction of entries in electoral roll

S.7(G) Inclusion of names in electoral roll

S.7(H) Appeal

S.7(I) Jurisdiction of civil courts barred

S.8 Qualification for councillorship

S.9 Disqualifications for membership of Corporation

S.10 Right to vote

S.11 General elections of councilors

S.12 Filling of casual vacancies in councillorship

S.13 Election of aldermen

S.14 Publication of result of election

S.15 Election petitions

S.16 Relief that may be claimed by the petitioner

S.17 Grounds for declaring elections to be void

S.18 Procedure to be followed by the District Judge

S.19 Decision of the District Judge

S.20 Procedure in case of equality of votes

S.21 Finality of decisions

S.22 Corrupt practices

S.23 Maintenance of secrecy of voting

S.24 Officers, etc., at election not to act for candidates or to influence voting

S.25 Prohibition of canvassing in or near polling station and of public meeting on election day

S.26 Penalty for disorderly conduct in or near polling station

S.27 Penalty for misconduct at the polling station

S.28 Breaches of official duty in connection with election

S.29 Removal of ballot papers from polling station to be an offence

S.30 Other offences and penalties therefor

S.31 Power to make rules regulating the election of councillors and aldermen

S.32 Oath or affirmation

S.32(A) Declaration of assets

S.32(B) Vacation of seats in case of multiple membership

S.33 Vacation of seat

S.33(A) Powers of Election Commission

S.33(B) Statements made by persons to the Election Commission

S.33(C) Procedure to be followed by the Election Commission

S.33(D) Protection of action taken in good faith

S.34 Payment of allowance to councillors and aldermen

S.35 Annual election of Mayor and Deputy Mayor

S.36 Term of office of the Mayor and Deputy Mayor and facilities and privileges of the Mayor

S.37 Discharge of functions of the Mayor by the Deputy Mayor

S.38 Resignation of Mayor and Deputy Mayor

S.39 Rural Areas Committee and Education Committee

S.40 Special and ad hoc committees and ward committees, etc

S.41 General powers of the Corporation

S.42 Obligatory functions of the Corporation

S.43 Discretionary functions of the Corporation

S.44 Enumeration of municipal authorities

S.45 Constitution of Standing Committee

S.46 Casual vacancies

S.47 Chairman and Deputy Chairman of the Standing Committee

S.48 Resignation of Chairman and members of the Standing Committee

S.49 Functions of the Standing Committee

S.50 Constitution of the Wards Committee

S.51 Application of Sections 47 and 48

S.52 Powers and functions of the Wards Committee

S.54 Appointment, etc., of the Commissioner

S.55 Salary and allowance of the Commissioner

S.56 Leave of absence of Commissioner

S.57 Appointment of officiating Commissioner in case of death, resignation or removal of Commissioner

S.58 Service regulations of Commissioner

S.59 Functions of the Commissioner

S.60 .

S.61 .

S.62 .

S.63 .

S.64 .

S.65 Appointment of sub-committees by the various committees

S.66 Commissioner and General Manager not to be interested in any contract, etc., with the Corporation

S.67 Vacation of seats by members of committees

S.68 Committees to continue in office till new committees are constituted

S.69 Power of Corporation to call for extracts of proceedings from the committees

S.70 Power of Corporation to require the Commissioner, etc., to produce documents and furnish returns, reports, etc

S.71 Exercise of powers to be subject to sanction

S.72 Meetings

S.73 First meeting of the Corporation after general election

S.74 Notice of meeting and business

S.75 Quorum

S.76 Presiding officer

S.77 Presiding officer at meeting for the election of Mayor

S.78 Method of deciding question

S.79 Maintenance of order at and admission of public to, meetings; withdrawal and suspension of councillors and aldermen

S.80 Councillors or 91[person referred to in sub-clauses (ii), (iii) and (iv) of clause (b) of sub-section (3) of Section 31 not to vote on matter in which they are interested

S.81 Right to attend meetings of the Corporation and its committees, etc., and right of councillors and aldermen to ask question in relations to the municipal government of Delhi

S.82 Power to make regulations

S.83 Presiding officers at meetings of the Standing and other committees

S.84 Conduct of business at meetings of Standing and other committees

S.85 Keeping of minutes and proceedings

S.86 Circulation of minutes and inspection of minutes and reports of proceedings

S.87 Forwarding minutes and reports of proceedings, to the Administrator

S.88 Validation of proceedings, etc

S.89 Appointment of certain officers

S.90 Schedule of permanent posts and creation of temporary posts

S.91 Restriction on employment of permanent officers and other employees

S.92 Power to make appointments

S.92(A) Recruitment to category B and category C posts

S.93 Officers and other employees not to undertake any extraneous work

S.94 Officers and other employees not to be interested in any contract, etc., with the Corporation

S.95 Punishment for municipal officers and other employees

S.96 Consultation with the Union Public Service Commission

S.97 Power of Commission to make regulations and reference to the Central Government in case of difference between the Commission and the Corporation

S.98 Power of Corporation to make regulations

S.99 Constitution of the Municipal Fund

S.100 Municipal Fund to be kept in the State Bank of India

S.101 Operation of the Accounts

S.102 Payments not to be made unless covered by a budget-grant

S.103 Duty ot persons signing cheques

S.104 Procedure when money not covered by a budget-grant is expended

S.105 Application of Municipal Fund

S.106 Temporary payments from the Municipal Fund for works urgently required for the public service

S.107 Investment of surplus moneys

S.107(A) Constitution of Finance Commission

S.108 Constitution of special funds

S.109 Adoption of budget estimates

S.110 Power of Corporation to alter budget estimates

S.111 Power of Corporation to read just income and expenditure during the year

S.112 Provisions as to unexpended budget grant

S.113 Taxes to be imposed by the Corporation under this Act

S.114 Components and rates of property taxes

S.115 Premises in respect of which property taxes are to be levied

S.116 Determination of rateable value of lands and buildings assessable to property taxes

S.117 .

S.118 .

S.119 Taxation of Union properties

S.120 Incidence of property taxes

S.121 Appointment of liability for property taxes when the premises assessed are let or sub let

S.122 Recovery of property taxes from occupiers

S.123 Property taxes a first charge on premises on which they are assessed

S.124 Assessment list

S.125 Evidential value of assessment list

S.126 Amendment of assessment list

S.127 Preparation of new assessment list

S.128 Notice of transfers

S.129 Notice of erection of building, etc

S.130 Notice of demolition or removal of buildings

S.131 Power of Commissioner to call for information and returns and to enter and inspect premises

S.132 Premises owned by, or let to, two or more persons in severally to be ordinarily assessed as one property

S.133 Assessment in case of amalgamation of premises

S.134 Power of Commissioner to assess separately outhouses and portions of buildings

S.135 Power of Commissioner to employ valuers

S.136 Tax on certain vehicles and animals and rates thereof

S.137 The tax on whom leviable

S.138 Tax when payable

S.139 Power of Commissioner to compound with livery stable

S.140 Theatre tax

S.141 Liability to pay theatre tax

S.142 Tax on advertisements

S.143 Prohibition of advertisements without written permission of the Commissioner

S.144 Permission of the Commissioner to become void in certain cases

S.145 Presumption in case of contravention

S.146 Power of Commissioner in case of contravention

S.147 Duty on transfer of property and method of assessment thereto

S.148 Provisions applicable on the introduction of transfer duty

S.149 Tax on building applications

S.150 Imposition of other taxes

S.151 Supplementary taxation

S.152 Time and manner of payment of taxes

S.153 Presentation of bill

S.154 Notice of demand and notice fee

S.155 Penalty in case of default of payment of taxes

S.156 Recovery of tax

S.157 Distress

S.158 Disposal of distrained property and attachment and sale of immovable property

S.159 Recovery from a person about to leave Delhi

S.160 Power to institute suit for recovery

S.161 Power of seizure of vehicles and animals in case of non

S.162 Occupiers may be required to pay rent towards satisfaction of property taxes

S.163 Demolition, etc., of buildings

S.164 Remission, or refund of tax

S.165 Power to require entry in assessment list of details of buildings

S.166 Notice to be given of the circumstances in which remission or refund is claimed

S.167 What buildings, are to be deemed vacant

S.168 Notice to be given of every occupation of vacant land or building

S.169 Appeal against assessment, etc

S.170 Conditions of right to appeal

S.171 Finality of appellate orders

S.172 Power to inspect for purposes of determining rateable value or tax

S.173 Composition

S.174 Irrecoverable debts

S.175 Obligation to disclose liability

S.176 Immaterial error not to affect liability

S.177 General power of exemption

S.178 Terminal tax on goods carried by railway or road

S.179 Recovery of terminal taxes

S.180 Payment by the Central Government to the Corporation and other local authorities

S.181 Power of exemption

S.182 Powers and liabilities of persons authorised to collect terminaltaxes

S.183 Power to make rules

S.184 Proceeds of entertainment tax

S.185 Power of Corporation to borrow

S.186 Time for repayment of money borrowed under Section 185

S.187 Form and effect of debenture

S.188 Payment to survivors of joint payees

S.189 Receipt by joint holders for interest or dividend

S.190 Maintenance and investment of sinking funds

S.191 Application of sinking funds

S.192 Annual statement by Commissioner

S.193 Power of Corporation to consolidate loans

S.194 Priority of payments for interest and repayment of loans over other payments

S.195 Attachment of Municipal Fund for recovery of money borrowed from Government

S.196 Power to make regulations

S.197 Acquisition of property

S.198 Acquisition of immovable property by agreement

S.199 Procedure when immovable property cannot be acquired by agreement

S.200 Disposal of property

S.201 Contracts by the Corporation

S.202 Procedure for making contracts

S.203 Mode of executing contracts

S.204 Accounts to be kept

S.205 Scrutiny of accounts by Municipal Chief Auditor and by the Standing Committee

S.206 Report by the Municipal Chief Auditor

S.207 Special audit at the direction of the 21 [* * *] Government

S.208 Procedure to be followed by the Municipal Chief Auditor

S.209 Power of Municipal Chief Auditor to make queries, etc., and call for returns, etc

S.298 Vesting of public streets in the Corporation

S.299 Functions of Commissioner in respect of public streets

S.300 Disposal of land forming site of public streets permanently closed

S.301 Power to make new public streets

S.302 Minimum width of new public streets

S.303 Power to prohibit use of public streets for certain kind of traffic

S.304 Power to acquire lands and buildings for public streets and for public parking places

S.305 Defining the regular line of streets

S.306 Setting back building to regular line of street

S.307 Compulsory setting back of building to regular line of street

S.308 Acquisition of open land and land occupied by platforms, etc., within the regular line of street

S.309 Acquisition of the remaining part of a building and land after their portions within a regular line of street have been acquired

S.310 Setting forward of buildings to the regular line of street

S.311 Compensation to be paid in certain cases of setting back or setting forward of buildings, etc

S.312 Owners obligation when dealing with land as building sites

S.313 Layout plans

S.314 Alteration or demolition of street made in breach of Section 313

S.315 Power of Commissioner to order work to be carried out or to carry it out himself in default

S.316 Right of owners to require streets to be declared public

S.317 Prohibition of projections upon streets, etc

S.318 Projections over streets may be permitted in certain cases

S.319 Ground-floor doors, etc., not to open outwards on streets

S.320 Prohibition of structures or fixtures which cause obstruction in streets

S.321 Prohibition of deposit, etc., of things in streets

S.322 Power to remove anything deposited or exposed for sale in contravention of this Act

S.323 Prohibition of the tethering of animals and milking of cattle

S.324 Precautions during repair of streets

S.325 Streets not to be opened or broken up and building materials not to be deposited thereon without permission

S.326 Disposal of things removed under this Chapter

S.327 Naming and numbering of streets

S.328 Commissioner to take steps for repairing or enclosing dangerous places

S.329 Measures for lighting

S.330 Prohibition of removal, etc., of lamps

S.330(A) General superintendence, etc., of the Central Government

S.331 Definition

S.332 Prohibition of building without sanction

S.333 Erection of building

S.334 Applications for additions to, or repairs of, buildings

S.335 Conditions of valid notice

S.336 Sanction of refusal of building or work

S.337 When building or work may be proceeded with

S.338 Sanction accorded under misrepresentation

S.339 Buildings at corners of streets

S.340 Provisions as to buildings and works on either side of new streets

S.341 Period for completion of building or work

S.342 Prohibition against use of inflammable materials for building, etc., without permission

S.343 Order of demolition and stopage of buildings and works in certain cases and appeal

S.344 Order of stoppage of buildings or works in certain cases

S.345 Power of Commissioner to require alteration of work

S.345(A) Power to seal unauthorised constructions

S.346 Completion certificates

S.347 Restrictions on uses of buildings

S.347(A) Appellate Tribunal

S.347(B) Appeals against certain orders or notices issued under the Act

S.347(C) Procedure of the Appellate Tribunal

S.347(D) Appeal against orders of Appellate Tribunal

S.347(E) Bar of jurisdiction of courts

S.348 Removal of dangerous buildings

S.349 Power to order building to be vacated in certain circumstances

S.349(A) Power of the Central Government to make bye-laws

S.350 Provision for daily cleansing of streets and removal of rubbish and filth

S.351 Rubbish, etc., to be the property of the Corporation

S.352 Provision or appointment of receptacles, depots and places for rubbish, etc

S.353 Duty of owners of occupiers to collect and deposit rubbish, etc

S.354 Collection and removal of filth and polluted matter

S.355 Collection and removal of filth and polluted matter through municipal agency

S.356 Removal of rubbish, etc., accumulated on premises used as factories, workshops etc

S.357 Prohibition against accumulation of rubbish, etc

S.358 Commissioners power to get premises scavenged and cleansed

S.359 Public latrines, urinals etc

S.360 Construction of latrines and urinals

S.361 Latrines and urinals, etc., in new buildings

S.362 Latrines and urinals for labourers, etc

S.363 Provision of latrines and urinals for markets, etc

S.364 Other provisions as to private latrines

S.365 Removal of congested buildings

S.366 Power of Commissioner to require improvement of buildings unfit for human habitation

S.367 Enforcement of notice requiring execution of works of improvement

S.368 Power of Commissioner to order demolition of buildings unfit fur human habitation

S.369 Insanitary huts and sheds

S.370 Prohibition against washing by washermen

S.371 Obligation to give information of dangerous disease

S.372 Removal to hospital of patients suffering from dangerous disease

S.373 Disinfection of buildings and articles

S.374 Destruction of infectious huts or sheds

S.375 Means of disinfection

S.376 Special measures in case of outbreak of dangerous or epidemic disease

S.377 Infected clothes not to be sent to washerman or to laundry

S.378 Contamination and disinfection of public conveyance

S.379 Driver of conveyance not bound to carry persons suffering from dangerous disease

S.380 Disinfection of buildings before letting the same

S.381 Disposal of infected articles without disinfection

S.382 Prohibition of making or selling of food, etc., or washing of clothes by infected persons

S.383 Power to restrict or prohibit sale of food or drink

S.384 Control over wells and tanks, etc

S.385 Duty of persons suffering from dangerous disease

S.386 Disposal of infectious corpses where any person has died from any dangerous disease

S.387 Conditions of service of sweepers and certain other class of persons employed in municipal service

S.388 Conditions of service of sweepers employed for doing house scavenging

S.389 Power to call for information regarding burning and burial grounds

S.390 Permission for use of new burning or burial ground

S.391 Power to require closing of burning and burial grounds

S.393 Disposal of deal animals

S.394 Appointment of Chief Registrar and Registrars

S.395 Duties of registrar

S.396 Information of births and deaths

S.397 Prohibition of nuisances

S.398 Power of Commissioner to require removal or abetment of nuisance

S.399 Registration and control of dogs

S.400 Stacking or collecting inflammable materials

S.401 Care of naked lights

S.402 Discharging fireworks, firearms, etc

S.403 Power to require buildings, well, etc., to be rendered safe

S.404 Enclosure of wasteland used for improper purpose

S.405 Provision of municipal market and slaughterhouses

S.406 Use of municipal markets

S.407 Private markets and slaughterhouse

S.408 Conditions of grant of licence for private market

S.409 Prohibition of keeping market open without licence, etc

S.410 Prohibition of use of unlicensed markets

S.411 Prohibition of business and trade near a market

S.412 Levy of stallages, rents and fees

S.413 Stallages, rates, etc., to be published

S.414 Power to expellers and disturbers, etc., from markets

S.415 Butchers fish-mongers and poulters licence

S.416 Factory, etc., not to be established without permission of the Commissioner

S.417 Premises not to be used for certain purposes without licence

S.418 Seizure of certain animals

S.419 Power of Commissioner to prevent use of premises in particular areas for purposes referred to in Section 417

S.420 Licences for hawking articles, etc

S.421 Eating-houses, etc. not to be used without licence from the Commissioner

S.422 Licensing and control of theatres, circuses and places of public amusement

S.423 Power of Commissioner to stop use of premises used in contravention of licences

S.424 Power of Commissioner to inspect places where unlawful slaughter of animals, etc. is suspected

S.425 Improvement scheme

S.426 Matters to be provided for in an improvement scheme

S.427 Submission of improvement scheme to the Corporation for approval and to the Central Government for sanction

S.428 Rehousing scheme

S.429 Improvement scheme and rehousing scheme to comply with the master plan and zonal development plan

S.430 Signature, conditions, duration, suspension, revocation etc., of licences and written permissions

S.431 Powers of entry and inspection

S.432 Power to enter land adjoining land in relation to any work

S.433 Breaking into building

S.434 Time of making entry

S.435 Consent ordinarily to be obtained

S.436 Regard to be had to social or religious usages

S.437 Prohibition of obstruction or molestation in execution of work

S.438 Public notices how to be made known

S.439 Newspapers in which advertisements or notices to be published

S.440 Proof of consent, etc., of Commissioner, General Managers, etc

S.441 Notices, etc., to fix reasonable time

S.442 Signature on notices, etc., may be stamped

S.443 Notices, etc., by whom to be served or issued

S.444 Service of notices, etc

S.445 Service of bills for tax or notice of demand by ordinary post

S.446 Powers of case of non-compliance with notice, etc

S.447 Liability of occupier to pay in default of owner

S.448 Execution of work by occupier in default of owner and deduction of expenses from rent

S.449 Relief to agents and trustees

S.450 General power to any compensation

S.451 Compensation to be paid by offenders for damage caused by them

S.452 Reference to the court of the District Judge in certain cases

S.453 Application to the court of the District Judge in other cases

S.454 Power to sue for expenses or compensation

S.455 Mode of recovery of certain dues

S.456 Right of owner to apply to the court of the District Judge in case of obstruction by occupier

S.457 General powers and procedure of the court of the District Judge

S.458 Fees in proceedings before the court of the District Judge

S.459 Repayment of half fees on settlement before hearing

S.460 Power of the court of the District Judge to delegate certain powers and to make rules

S.461 Punishment for certain offences

S.462 Punishment for acquiring share or interest in contract, etc., with the Corporation

S.463 Punishment for offences relating to terminal tax

S.464 Penalty for evasion of terminal taxes

S.465 General penalty

S.466 Offences by companies

S.466(A) Certain offences to be cognizable

S.467 Prosecution

S.468 Composition of offences

S.469 Municipal magistrates

S.470 Cognizance of offences

S.471 Limitation of time for prosecution

S.472 Power of magistrate to hear cases in absence of accused when summoned to appear

S.473 Complaints concerning nuisances and procedure thereof

S.474 Arrest of offenders

S.475 Duties of police officers

S.476 Power to institute, etc., legal proceedings and obtain legal advice

S.477 Protection of action of the Corporation, etc

S.478 Notice to be given of suits

S.479 Supplemental provisions respecting rules

S.480 Supplemental provisions respecting regulations

S.481 Power to make bye laws

S.481(A) Regulations and bye-laws to be laid before Parliament

S.482 Penalty for breaches for bye laws

S.483 Supplemental provisions respecting bye laws

S.484 Bye laws to be available for inspection and purchase

S.485 Central Government 68[or the Government] to require production of documents

S.486 Inspection

S.487 Directions by Central Government

S.488 Power to provide for enforcement of direction under Section 487

S.489 Power of Central Government to give directions in relation to primary schools, etc

S.490 Dissolution of the Corporation

S.490(A) Delegation of power by the Central Government

S.491 Power to delegate functions of Commissioner

S.492 Validity of notices and other documents

S.493 Admissibility of document or entry as evidence

S.494 Evidence of municipal officer or employee

S.495 Prohibition against obstruction of Mayor or any municipal authority, etc

S.496 Prohibition against removal of mark

S.497 Prohibition against removal or obliteration of notice

S.498 Prohibition against unauthorised dealings with public place or materials

S.499 Liability of Commissioner, etc., for loss, waste or misapplication of Municipal Fund or property

S.500 Councillors and municipal officers and employees to be public servants

S.501 Annual administration report

S.502 Other laws not to be disregarded

S.503 Exemption of diplomatic or consular missions from payment of tax, etc

S.504 Construction of references

S.505 .

S.506 .

S.507 Special provisions as to rural areas

S.508 Special provisions as to Red Fort area

S.508(A) Corporation to undertake work on agency basis

S.509 .

S.510 Provisions relating to existing local authorities in Delhi till the establishment of the Corporation

S.511 Provisions as to employees of bodies and local authorities whose functions are taken over by the Corporation

S.511(A) Temporary provision with respect to electricity, water, sewage, etc.

S.511(B) Special provision as to transferred functions

S.512 Special provisions as to the area transferred from New Delhi to Delhi

S.513 Expenditure in connection with the municipal affairs from the commencement of this Act to the adoption of the budget by the Corporation

S.514 Limits of New Delhi Municipality

S.514(A) Transitory provision

S.515 Power to remove difficulties

S.516 Repeal, etc. and savings

Sch.1 BOUNDARIES OF NEW DELHI

Sch.2 BODIES AND LOCAL AUTHORITIES WHOSE FUNCTIONS ARE TAKEN OVER BY THE CORPORATION

Sch.3 RATES OF TAXES LEVIABLE ON VEHICLES AND ANIMALS

Sch.4 THEATRE TAX

Sch.5 TAX ON ADVERTISEMENTS OTHER THAN ADVERISEMENTS PUBLISHED IN THE NEWPAPERS

Sch.6 TAX ON BUILDING APPLICATIONS

Sch.7 NOTICE OF DEMAND

Sch.8 FORM OF WARRANT

Sch.9 FORM OF INVESTORY OF PROPERTY DISTRAINED AND NOTICE OF SALE

Sch.10 RATES OF TERMINAL TAXES ON GOODS

Sch.11 .

Sch.12 PENALTIES

Sch.13 ENACTMENT CEASING TO HAVE EFFECT IN DELHI

Sch.14 THE NUMBER, NAMES AND AREAS OF VARIOUS ZONES

Sch.15 POWERS AND FUNCTIONS OF THE WARDS COMMITTEE

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