DELHI MUNICIPAL CORPORATION ACT, 1957
(1) This Act may be called the Delhi Municipal Corporation Act, 1957.
(2) Except as otherwise provided in this Act, it extends only to Delhi.
(3) The provisions of this Act, except this section which shall come into force at once, shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint:
Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
In this Act, unless the context otherwise requires : 44. Subs. by Act No.67 of 1993(w.e.f. 1-10-1993).
[(1) "Administrator" means the Lieutenant-Governor of the National Capital Territory of Delhi;]
33. Ins. by Act 42 of 1984,S. 2(w.e.f. 10-12-1985). [(1-A) "Appellate Tribunal" means an Appellate Tribunal constituted under Section 347A;]
(2) "budget-grant" means the total sum entered on the expenditure side of a budget estimate under a major head and adopted by the Corporation and includes any sum by which such budget-grant may be increased or reduced by transfer from or to other heads in accordance with the provisions of this Act and the regulations made thereunder ;
(3) "building" means a house, outhouse, stable, urinal, shed, hut wall (other th
(1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be a Corporation charged with the Municipal Government of Delhi, to be known as the 0Municipal Corporation of Delhi.
(2) The Corporation shall be a body corporate with the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and may by the said name sue and be sued.
1414. Sub-sec.3 Sub.by Act67of 1993(w.e.f. 1-10-93).
[(3)
(a) The Corporation shall be composed of the councillors;
(b) the following persons shall be represented in the Corporation, namely :
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Section 3 of the Delhi Municipal Corporation Act, 1957, is a foundational provision that establishes the legal framework for the constitution and functioning of the municipal corporation in Delhi. It delineates the composition, powers, and the process of formation of the Corporation, serving as a cornerstone for municipal governance in the Union Territory of Delhi.
Section 3 primarily provides for the establishment of the Delhi Municipal Corporation. It empowers the Central Government to notify the date of commencement and details regarding the constitution of the Corporation, including the election and nomination of members, division into zones, and other administrative arrangements. The section also authorizes the Government to specify the number of councillors, their mode of election, and the structure of the Corporation.
Section 3's scope encompasses:- The legal formation of the Delhi Municipal Corporation.- The procedural aspects for the appointment and nomination of members.- The delineation of territorial limits and zones.- The enabling provisions for the subsequent framing of rules and regulations.- It sets the stage for the entire governance structure, including elections, nominations, and administrative functions.
Section 3 itself does not prescribe specific punishments. However, violations related to the non-compliance of the provisions, such as unauthorized appointment or nomination, can attract penalties under other sections of the Act, including penalties for contravention of the provisions relating to the conduct of elections and nominations.
Legal Comments Summary- "Establishment of the Corporation" - Section 3 provides the constitutional basis for Delhi's municipal governance, essential for local administration [Section 3].- "Notification of commencement" - Central Government's notification is vital for the Act's enforcement from a specified date [Section 3].- "Composition" - The Act allows a mix of elected and nominated members, shaping the governance structure [Section 3(3)(b)(i)].- "Nomination of Members" - Lieutenant Governor's power to nominate members with special knowledge influences the composition and decision-making [Section 3(3)(b)(i)].- "Division into Zones" - The Government can divide Delhi into zones, facilitating decentralized administration [Section 3].- "Rule-Making Power" - Section 3 empowers the framing of rules for elections, nominations, and functions [Section 3].- "Scope for Amendments" - The section's provisions are flexible, allowing notifications to modify governance arrangements [Section 3].- "Powers of the Central Government" - The Central Government's role includes appointment of officers and framing rules, impacting the functioning [Section 3].- "Constitutional Validity" - The provisions have been upheld as consistent with constitutional principles, especially Articles 243R, 243S, 243Q [Section 3].- "Legal Challenges" - Proper procedures under Section 3 ensure nominations are valid and challenges are dismissed if procedures are followed [Para 41, 42].- "Scope of Nomination" - Nominated members can participate in voting but cannot hold certain leadership positions [Paras 41, 42].- "Electoral Impact" - Section 3 influences electoral and nomination processes, affecting the democratic legitimacy of the Corporation [Section 3].- "Rule Framing" - The section's authority to frame rules ensures detailed operational procedures [Section 3].- "Jurisdictional Scope" - The territorial limits of the Corporation are defined and can be modified by notifications [Section 3].- "Legal Validity of Nominations" - Judicial review affirms nominations under Section 3 are valid if procedures are followed [Para 41].- "Judicial Interpretation" - Courts have clarified the scope of nominations and voting rights in line with constitutional provisions [Paras 41, 42].
This concise commentary and analysis should aid in understanding the legal nuances of Section 3 of the Delhi Municipal Corporation Act, 1957, and its judicial interpretations.
[. .1818. Sub Sec. 3-A, inserted by Acts 67 1993 (w.e.f. 1.10.93).
(1) Delhi shall be divided into the number of zones specified in column (1) of the Fourteenth Schedule and each zone shall be known by the name specified in column (2) of that Schedule and each zone shall extend to the areas comprised in the wards specified against that zone in column (3) of the said Schedule.
(2) The Central Government may, after consultation with the Government, from time to time by notification in the Official Gazette, after the names, increase or diminish the area or any zone specified in column (3) of the Fourteenth Schedule.]
[. . 2121. Subs, by Act No. 67 of 1993 (w.e.f. 1-10-1993).
(1) The Corporation, unless sooner dissolved under Section 490, shall continue for five years from the date appointed for its first meeting and no longer.
(2) An election to constitute the Corporation shall be completed
(i) before the expiry of its duration specified in sub-section (1);
(ii) before the expiration of a period of six months from the date of its dissolution:
Provided that where the remainder of the period for which the dissolved Corporation would have continued is less than six months, it shall not be necessary to hold any election under this sub-section for constituting the Corporation for such period.]
[. .1919. Subs, by Act 42 of 1961, S. 3 (w.e.f. 12-9-1961) for the original section. 2020. Subs. by Act 55 of 1974,S.4forsub-sec.(l)(w.e.f. 10-1-1975). [
[(1) For the purposes of election of councillors, Delhi shall be divided into single-member wards in such manner that the population of each of the wards shall, so far as practicable, be the same throughout Delhi.]
(2) The Central Government shall, by order in the Official Gazette, determine,
(a) the number of wards;
(b) the extent of each ward ; 2222. Omitted by Act 67 of 1993(w.e.f. 1-10-1993). [* * *]
(c) the wards in which seats shall be reserved for the Scheduled Castes;
2323. Ins. by Act 67 of 1993 (w.
[. 2424. Section 5-A Omitted by Act No. 67 of 1993,8.7 (w.e.f. 1-10-1993). [ * * *]
The Corporation, with the previous approval of the Central Government, may, from time to time by order in the Official Gazette, alter or amend any order made under Section 5.
2525. Subs, by Act No. 67 of 1993 (w.e.f. 1-10-1993).
(1) The superintendence, direction and control of the preparation of electoral rolls for and the conduct of, all elections to the Corporation shall be vested in the Election Commission of the National Capital Territory of Delhi consisting of an Election Commissioner to be appointed by the Administrator.
(2) Subject to the provisions of any law made by the Legislative Assembly of
Provided that the Election Commissioner shall not be removed from office except in a like manner and on the like grounds as a Judge of a High Court and the conditions of service of the Election Commissioner shall not be varied to his disadvantage after his appointment.
(3) The Administrator shall, when so requested by t
For every ward there shall be an electoral roll which shall be prepared in accordance with the provisions of this Act and the rules made thereunder.
(1) The electoral roll for each ward shall be prepared and revised by an electoral registration officer who shall be such officer of Government or the Corporation as the [Election Commission may, in consultation with the Government,] designate or nominate in this behalf.
(2) To assist the electoral registration officer in the discharge of his functions under sub-section (1) the [Election Commission may employ such persons as it thinks fit.]
(1) 2626. Subs. by Act No.67 of l993 (w.e.f. 1-10-1993). [The Election Commission] may appoint one or more persons as assistant electoral registration officers to assist any electoral registration officers in the performance of his functions.
(2) Every assistant electoral registration officer shall, subject to the control of the electoral registration officer, be competent to perform all or any of the functions of the electoral registration officer.
The persons entitled to be registered as electors in the electoral roll of 2626. Subs. by Act No.67 of l993 (w.e.f. 1-10-1993). [an assembly constituency] in Delhi as relates to the area comprised within a ward shall be entitled to be so registered in the electoral roll of that ward and the provisions in this behalf in the Representation of the People Act, 1950 (43 of 1950), shall apply to the registration of electors in the electoral roll of a ward as they apply to the registration of electors in the electoral roll of 2626. Subs. by Act No.67 of l993 (w.e.f. 1-10-1993). [an assembly constituency]. Explanation. In this section, in sub-section (1) of Section 7-E and in clause (ag) of sub-section (1) of Section 31, the expression 2626. Subs. by Act No.67 of l993 (w.e.f. 1-10-1993). [an assembly constituency] has the meaning assigned to it under the Representation of the People Act, 1950 (43 of 1950).
(1) The electoral roll for each ward shall be prepared before each general election in such manner as may be prescribed by rules, by reference to the qualifying date and shall come into force immediately upon its final publication in accordance with the rules made for the purpose:
Provided that if the 2727. Subs. by Act No. 67 of 1993 (w.e.f. 1-10-1993). [Election Commission] is satisfied that, instead of preparing a fresh electoral roll of a ward before a general election, it would be sufficient to adopt the electoral roll of 2727. Subs. by Act No. 67 of 1993 (w.e.f. 1-10-1993). [the assembly constituency] for the time being in force as relates to the ward, it may, by order, for reasons to be specified therein, direct that the electoral roll of 2727. Subs. by Act No. 67 of 1993 (w.e.f. 1-10-1993). [the assembly constituency] for the time being in force as relates to the ward shal
If the electoral registration officer, on an application made to him or on his own motion, is satisfied after such inquiry as he thinks fit, that any entry in the electoral roll for any ward
(a) is erroneous or defective in any particular; or
(b) should be transposed to another place in the roll on the ground that the person concerned has changed his place of ordinary residence within such ward; or
(c) should be deleted on the ground that the person concerned is dead or has ceased to be ordinarily resident within such ward or is otherwise not entitled to be registered in that the electoral registration officer shall, subject to such general or special directions, if any, as may be given by the 2727. Subs. by Act No. 67 of 1993 (w.e.f. 1-10-1993). [Election Commission] in this behalf, amend, t
(1) Any person whose name is not included in the electoral roll of a ward may apply to the electoral registration for the inclusion of his name in that roll.
(2) The electoral registration officer shall, if satisfied that the applicant is entitled to be registered in the electoral roll, direct his name to be included therein:
Provided that if the applicant is registered in the electoral roll of any other ward, the electoral registration officer shall inform the electoral registration officer of that other ward and that officer shall, on receipt of the information, strike off the applicants name from that roll.
(3) No amendment, transposition or deletion of any entry shall be made under Section 7-F and no direction for the inclusion of a name in the electoral roll of a ward shall be given unde
An appeal shall lie within such time and in such manner as may be prescribed by rules to the 2828. Sub.by Act 67 of 1993(w.e.f. 1-10-93). [Election Commission] from any order of the electoral registration officer under Section 7-F or Section 7-G.
No civil court shall have jurisdiction
(a) to entertain or adjudicate upon any question whether any person is or is not entitled to be registered in an electoral roll for a ward; or
(b) to question the legality of any action taken by or under the authority of an electoral registration officer or of any decision given by the 2828. Sub.by Act 67 of 1993(w.e.f. 1-10-93). [Election Commission].
A person shall not be qualified to be chosen as a councillor 2828. Sub.by Act 67 of 1993(w.e.f. 1-10-93). [unless he has attained the age of twenty-one years and his name] is registered as an elector in the electoral roll for a ward:
Provided that in the case of a seat reserved for the Scheduled Castes, a person shall not be so qualified unless he is also a member of any of the said castes: 2929. Ins. by Act No. 67 of 1993(w.e.f. 1-10-1993).
[Provided further that in the case of a seat reserved for a woman, no person other than a woman shall be qualified to be chosen as a councillor.]
(1) A person shall be disqualified for being chosen as, and for being, a councillor 3030. Omitted by Act No. 67 of 1993 (w.e.f. 1-10-1993). [* * *]
(a) if he is of unsound mind and stands so declared by a competent court;
(b) if he is an undischarged insolvent;
(c) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State;
3131. Ins. by Act No. 67 of 1993 (w.e.f. 1-10-1993). [(d) if he is disqualified by or under any law for the time being in force for the purposes of elections to the Legislative Assembly of the National Capital Territory of Delhi;
(e) if he is so disqualified by or under
(1) Every person whose name is, for the time being, entered in the electoral roll for a ward shall be entitled to vote at the election of a councillor from that ward.
3434. Sub-sec. (2) omitted by Act No. 42of 1961 S.4(w.e.f. 12-9-1961). [* * *]
(1) A general election of councillors shall be held for the purpose of constituting the Corporation under Section 3;
3737. Omitted by Act No.67 of 1993 (w.e.f. 1-10-1993). [* *];
(3) For the aforesaid purposes the 3838. Subs. by Act No. 67 of 1993 (w.e.f. 1-10-1993). [Election Commission] shall, by one or more notification published in the Official Gazette, call upon all the wards to elect councillors in accordance with the provisions of this Act and the rules and orders made thereunder before such date or dates as may be specified in the notification or notifications:
Provided that where in any ward a seat has been reserved for the Scheduled Castes, such notification or notifications shall specify that the person to fill that seat shall belong to one of the said castes: 3939. Ins. by Act No.
(1) When a casual vacancy occurs in the office of a councillor the 3838. Subs. by Act No. 67 of 1993 (w.e.f. 1-10-1993). [Election Commission] shall, as soon as may be after the occurrence of such vacancy and subject to the provisions of sub-section (2), by a notification in the Official Gazette, call upon the ward concerned to elect a person for the purpose of filling the vacancy in accordance with the provisions of this Act and the rules and orders made thereunder before such date as may be specified in the notification:
Provided that no election shall be held to fill a casual vacancy occurring within 3838. Subs. by Act No. 67 of 1993 (w.e.f. 1-10-1993). [six] months prior to the holding of a general election under Section 11.
(2) If the vacancy be a vacancy in a seat reserved for the Scheduled Castes the notification issued under sub
[. .4040. Omitted by Act No.67 of 1993 (w.e.f. 1-10-1993). ]
[. .4141. Subs, by Act No.67 of 1993 (w.e.f. 1-10-1993). The names of all persons elected as councillors shall, as far as may be, after each election, be published by the Election Commission simultaneously in the Official Gazette.]
(1) No election of a councillor 4040. Omitted by Act No.67 of 1993 (w.e.f. 1-10-1993). [* * * ] shall be called in question except by an election petition presented to the court of the District Judge of Delhi within fifteen days from the date of the publication of the result of the election under Section 14.
4141. Subs, by Act No.67 of 1993 (w.e.f. 1-10-1993).
[(2) An election petition calling in question any such election may be presented under any of the grounds specified in Section 17 by any candidate at such election, by any elector of the ward concerned or by any councillor.]
(3) A petitioner shall join as respondents to his petition all the candidates at the election.
(4) An election petition
(a)
(1) A petitioner may claim
(a) a declaration that the election of all or any of the returned candidates is void; and
(b) in addition thereto, a further declaration that he himself or any other candidate has been duly elected.
(2) The expression "returned candidate" means a candidate whose name has been published in the Official Gazette under Section 14.
(1) Subject to the provisions of sub-section (2) if the court of the District Judge is of opinion
(a) that on the date of his election a returned candidate was not qualified, to be chosen as a councillor [* * *] under this Act, or
(b) that any corrupt practice has been committed by a returned candidate or his agent or by any other person with the consent of a returned candidate or his agent, or
(c) that any nomination paper has been improperly rejected; or
(d) that the result of the election, in so far as it concerns a returned candidate, has been materially affected
(i) by the improper acceptance of any nomination; or
(ii) by any corrupt practice committed i
The procedure provided in the Code of Civil Procedure, 1908 (5 of 1908), in regard to suits shall be followed by the court of the District Judge as far as it can be made applicable, in the trial and disposal of an election petition under this Act.
(1) At the conclusion of the trial of an election petition, the court of the district judge shall make an order
(a) dismissing the election petition; or
(b) declaring the election of all or any of the returned candidates to be void; or
(c) declaring the election of all or any of the returned candidates to be void and the petitioner and any other candidate to have been duly elected.
(2) If any person who has filed an election petition has, in addition to calling in question the election of the returned candidate, claimed declaration that he himself or any other candidate has been duly elected and the court of the District Judge is of opinion
(a) that in fact the petitioner or such other candidate receive
If during the trial of an election petition it appears that there is an equality of votes between any candidates at the election and that the addition of a vote would entitle any of those candidates to be declared elected, then, the court of the District Judge shall decide between them by lot and proceed as if the one on whom the lot falls had received an additional vote.
(1) An order of the court of the District Judge on an election petition shall be final and conclusive.
(2) An election of a councillor 4343. Omitted by Act No. 67 of 1993 (w.e.f. 1-10-1993). [* * *] not called in question in accordance with the foregoing provisions shall be deemed to be a good and valid election. Corrupt practices and electoral offences
The following shall be deemed to be corrupt practices for the purposes of this Act:
(1) Bribery as defined in clause (1) of Section 123 of the Representation of the People Act, 1951 (43 of 1951).
(2) Undue influence as defined in clause (2) of the said section.
(3) The systematic appeal by a candidate or his agent or by any other person, to vote or refrain from voting on grounds of caste, race, community or religion or the use of or appeal to, religious symbols or, the use of or appeal to, national symbol such as the national
(4) The publication by a candidate or his agent or by any other person of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the personal character or
(1) Every officer or clerk, agent or other person who perform any duty in connection with the recording or counting of votes at an election shall maintain and aid in maintaining the secrecy of the voting and shall not (except for some purpose authorised by or under any law) communicate to any person any information calculated to violate such secrecy.
(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.
(1) No person who is a returning officer, or an assistant returning officer or a presiding officer or polling officer at an election, or an officer or clerk appointed by the returning officer or the presiding officer to perform any duty in connection with an election or a member of a police force shall in the conduct or management of the election do any act (other than the giving of votes) for the furtherance of the prospects of the election of a candidate.
(2) No such person as aforesaid shall endeavour
(a) to persuade any person to give his vote at an election; or
(b) to dissuade any person from giving his vote at an election; or
(c) to influence the voting of any person at an election in any manner.
(
(1) No person shall, on the date or dates on which the poll is taken at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of one hundred yards of the polling station, namely:
(a) canvassing for votes; or
(b) soliciting the vote of any elector; or
(c) persuading any elector not to vote for any particular candidate; or
(d) persuading any elector not to vote at the election; or
(e) exhibiting any notice or sign (other than official notice) relating to the election.
(2) No person shall convene, hold or attend any public meeting within any ward on the date or dates on which a poll is
(1) No person shall, on the date or dates on which a poll is taken at any polling station
(a) use or operate within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof any apparatus for amplifying or reproducing the human voice, such a megaphone or a loudspeaker; or
(b) shout or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officer and other persons on duty at the polling station.
(2) Any person who contravenes or wilfully aids or abets the contravention of the provisions of sub-section (1), shall be punishable wit
(1) Any person who during the hours fixed for the poll at any polling station, misconducts himself or fails to obey the lawful directions of the presiding officer or by any police officer on duty or by any person authorised in this behalf by such presiding officer.
(2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.
(3) If any person who has been so removed from a polling station, re-enters the polling station without the permission of the presiding officer, he shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.
(4) An offence punishable under sub-section (3) shall be cognizable.
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(1) If any person to whom this section applies, is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend to five hundred rupees.
(2) No suit or other legal proceeding shall lie against any such person for damages in respect of any such act or omission as aforesaid.
(3) The person to whom this section applies are returning officers, assistant returning officers, presiding officers, polling officers and any other person appointed to perform any duty in connection with the election; and the expression "official duty" shall for the purposes of this section be construed accordingly.
(1) Any person who at an election fraudulently takes or attempts to take a ballot paper out of a polling station, or wilfully aids or abets the doing of any such act, shall be punishable with imprisonment for a term which may extend to five hundred rupees, or with both.
(2) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub-section (1), such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer:
Provided that when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.
(3) Any ballot paper found upo
(1) A person shall be guilty of an electoral offence if at any election he
(a) fraudulently defaces or destroys any nomination paper; or
(b) fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of the returning officer; or
(c) fraudulently defaces or destroys any ballot paper or the official mark on any ballot paper; or
(d) without due authority supplies any ballot paper to any person or receives any ballot paper from any person or is in possession of any ballot paper; or
(e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in; or
(f) withou
(1) The Central Government may make rules to provide for or regulate all or any of the following matters 4444. Subs, by S. 7 of Act 55 of 1974, (w.e.f. 10-1-1975). [for the purpose of preparation, revision, and maintenance of electoral rolls of wards and holding elections] of councillors 4646. Omitted by Act No. 67 of 1993 (w.e.f. 1-10-1993). [* * *] under this Act, namely: 4444. Subs, by S. 7 of Act 55 of 1974, (w.e.f. 10-1-1975).
[(a) the particulars to be entered in the electoral rolls;
(aa) the preliminary publication of electoral rolls;
(ab) the manner in which and the time within which claims and objections as to entries in electoral rolls may be preferred;
(ac) the manner in which notices of claims or objections shall be published;
[. 5252. Subs, by Act No. 67 of 1993 (w.e.f. 1-10-1993). .
(1) Every councillors and every person nominated under sub-clause (i) of clause (b) of sub-section (3) of Section 3, before taking his seat, make and subscribe at a meeting of the Corporation an oath or affirmation according to the following form, namely:
"I, A.B. having been
elected as a councillor of
nominated under sub-clause (i) of clause (b) of sub-section (3)
the Municipal Corporation of Delhi, do
that I will bear true faith and allegiance to the Constitu
[. . 5353. Ins. by Act No. 67 of 1993 (w.e.f. 1-10-1993).
(1) Every councillor shall not later than thirty days after making and subscribing the oath or affirmation under sub-section (1) of Section 32 and before the last day of the same month in each succeeding year, file with the Mayor a declaration in such form as may be prescribed by rules by the Central Government of all the assets owned by him and members of his family and such declaration shall form part of the records of the Corporation.
Explanation. For the purposes of this sub-section "family" means the spouse and dependant children of the councillor.
(2) A person shall be disqualified for being a councillor
(a) if he fails to file a declaration referred to in sub-section (1); or
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No councillor shall be a member both of the Corporation and Parliament or the Legislative Assembly and if a person is so chosen, then at the expiration of fourteen days from the date of the publication in the Gazette of India, or as the case may be, in the Official Gazette, whichever is later that he has been so chosen, that persons seat in Parliament or the Legislative Assembly shall become vacant unless he has previously resigned his seat in the Corporation.]
(1) If a councillor 5454. Omitted by Act No. 67 of 1993 (w.e.f. 1-10-1993). [* * *]
(a) becomes subject to any of the disqualifications mentioned in 5555. Subs, by Act No. 67 of 1993 (w.e.f. 1-10-1993). [Section 9 or subsection (2) of Section 3 2-A] or
(b) resigns his seat by writing under his hand addressed to the Mayor and delivered to the Commissioner, his seat shall thereupon become vacant.
(2) If during three successive months, a councillor 5454. Omitted by Act No. 67 of 1993 (w.e.f. 1-10-1993). [* * *] is, without permission of the Corporation, absent from all the meetings thereof, the Corporation may declare his seat vacant.
5656. Subs, by Act No. 67 of 1993 (w.e.f. 1-10-1993).
[(3) If any questi
[. . 5757. Ins. by Act No.67 of 1993 (w.e.f. 1-10-1993).
(1) Where in connection with the tendering of any opinion to the Administrator under sub-section (4) of Section 33, the Election Commission considers it necessary or proper to make an inquiry, and the Commission is satisfied that on the basis of the affidavits filed and the documents produced in such inquiry by the parties concerned of their own accord, it cannot come to decisive opinion on the matter which is being inquired into, the Commission shall have, for the purposes of such inquiry, the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely:
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery an
No statement made by a person in the course of giving evidence before the Election Commission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statement:
Provided that the statement
(a) is made in reply to a question which he is required by the Commission to answer; or
(b) is relevant to the subject-matter of the inquiry.
The Election Commission shall have the power to regulate its own procedure (including the fixing of places and times of its sitting and deciding whether to sit in public or in private).
No suit, prosecution or other legal proceedings shall lie against the Commission or any person acting under the direction of the Commission in respect of anything which is in good faith done or intended to be done in pursuance of the foregoing provisions of Sections 33-A to 33-C or of any order made thereunder or in respect of the tendering of any opinion by the Commission to the Administrator or in respect of the publication, by or under authority of the Commission of any such opinion, paper or proceedings.]
5858. Subs, by Act No. 67 of 1993 (w.e.f. 1-10-1993). [The councillors and the persons referred to in clause (b) of sub-section (3) of Section 3] shall be entitled to receive allowances for attendance at meetings of the Corporation and of any of its committees at such rates as may be determined by rules made in this behalf.
(1) The Corporation shall at its first meeting in each year elect one of its members to be 5959. Ins. by Act No. 67 of 1993 (w.e.f. 1-10-1993). [the Chairperson to be known as] the Mayor and another member to be the Deputy Mayor of the Corporation:
6060. Ins. by Act No. 67 of 1993 (w.e.f. 1-10-1993). [Provided that during the duration of the Corporation, the office of the Mayor shall be reserved in favour of a member who is a woman for the first year of the Corporation and in favour of a member belonging to a Scheduled Caste for the third year of the Corporation.]
(2) On the occurrence of any vacancy in the office of the Mayor or the Deputy Mayor, the Corporation shall within one month of the occurrence of such vacancy elect one of its members as Mayor or Deputy Mayor, as the case may be.
606
(1) The Mayor or the Deputy Mayor shall hold office from the time of his election until the election of his successor in office, unless in the meantime he resigns his office as Mayor or Deputy Mayor 6161. Omittd by Act 67of l993 (w.e.f. 1-10-1993). [* * *] or unless in the case of the Deputy Mayor he is elected as Mayor.
(2) The Mayor or the Deputy Mayor may be given such facilities in respect of residential accommodation, conveyance and the like as may be determined in each case by rules made in this behalf.
(3) The Mayor shall have full access to all the record of the Corporation and may obtain reports 6363. Omitted by Act No. 67 of 1993(w.e.f. 1-10-1993). [* * *] from the Commissioner on any matter connected with the municipal government of Delhi;
(b) 6363. Omitted by Act No. 67 of 1993(w.
(1) When the office of the Mayor is vacant, the Deputy Mayor shall act as Mayor until a new Mayor is elected.
(2) When the Mayor is absent from his duty on account of illness or any other cause, the powers, duties and functions of the Mayor shall be exercised and performed by the Deputy Mayor.
(3) The Mayor may by order in writing delegate any of his powers, duties and functions to the Deputy Mayor.
(1) The Mayor may, by writing under his hand addressed to the Deputy Mayor and delivered to the [Municipal Secretary.] resign his office.
(2) The Deputy Mayor may, by writing under his hand addressed to the Mayor and delivered to the 6363. Omitted by Act No. 67 of 1993(w.e.f. 1-10-1993). [Municipal Secretary,] resign his office.
(3) A resignation under sub-section (1) or sub-section (2) shall take effect from the date on which it is delivered.
(1) In addition to the Standing Committee 6464. Subs, by Act No. 67 of 1993 (w.e.f. 1-10-1993). [and the Wards Committee] referred to in Section 44, there shall be a Rural Areas Committee and an Education Committee of the Corporation.
(2) The Rural Areas Committee shall consist of all the councillors elected from the wards situated within the rural areas.
(3) It shall be the duty of the Rural Areas Committee
(a) to make recommendations to the Corporation
(i) in relation to the functions of the Corporation which may be discharged within the rural areas and questions of policy and schemes relating to the development of such areas;
(ii) in relation to taxes which the Corporation proposes to levy in the rur
(1) The Corporation may constitute as many special and ad hoc committees as it thinks fit for the exercise of any power or discharge of any function which the Corporation may by resolution delegate to them or for inquiring into, reporting or advising upon any matter which the Corporation may refer to them.
(2) Any such committee shall consist of members of the Corporation only:
Provided that an ad hoc committee may with the sanction of the Corporation co-opt not more than three persons who are not members of the Corporation but who in the opinion of the Corporation possess special qualifications for serving on such committee.
6666. Omitted byAct No.67 of 1993(w.e.f. 1-10-1993). [(3) * * *].
6666. Omitted byAct No.67 of 1993(w.e.f. 1-10-1993). [(4)
(1)Subject to the provisions of this Act and the rules, regulations and bye-laws made thereunder the municipal government of Delhi shall vest in the Corporation.
(2) Without prejudice to the generality of the provisions of sub-section (1), it shall be the duty of the Corporation to consider all periodical statements of the receipts and disbursements and all progress reports and pass such resolutions thereon as it thinks fit.
6969. Sub. by Act No. 67 of 1993 (w.e.f. 1-10-1993). [Subject to the provisions of this Act and any other law for the time being in force, it shall be incumbent] on the Corporation to make adequate provision by any means or measures which it may lawfully use or take, for each of the following matters, namely:
(a) the construction, maintenance and cleansing of drains and drainage works and of public latrines, urinals and similar conveniences;
(b) 7070. Omitted by Act No. 67 of 1993 (w.e.f. 1-10-1993). [* * *]
(c) the scavenging, removal and disposal of filth, rubbish and other obnoxious or polluted matters;
(d) 7070. Omitted by Act No. 67 of 1993 (w.e.f. 1-10-1993). [* * *];
6868. Sub-clause (ii) Omitted
7474. Subs, by Act No. 67 of 1993 (w.e.f. 1-10-1993). [Subject to any general or special order of the Government, from time to time, the Corporation may] provide either wholly or in part for all or any of the following matters, namely:
(a) the furtherance of education including cultural and physical education, by measures other than the establishment and maintenance of, and aid to, schools for primary education;
(b) the establishment and maintenance of, and aid to, libraries, museums, art galleries, botanical or zoological collections;
(c) the establishment and maintenance of, and aid to, stadia, gymnasia, akharas and places for sports and games;
(d) the planting and care of trees on roadsides and elsewhere;
&
[. . For the efficient performance of its function, there shall be the following municipal authorities under the Corporation namely:
(a) the Standing Committee.
(b) the Wards Committee; and
(c) the Commissioner.]
7676. Subs. by Act No.67 of 1993(w.e.f. 1-10-1993). [
(1) The Standing Committee shall consist of
(i) six members elected by the councillors from among themselves at the first meeting of the Corporation;
(ii) one member each elected by the members of each Wards Committee from among themselves at the first meeting of the Wards Committee after each general election or as soon as possible at any other meeting subsequent thereto.
(2) On and 7676. Subs. by Act No.67 of 1993(w.e.f. 1-10-1993). [from such date as may be determined by the Corporation by resolution] the Standing Committee shall be deemed to have been constituted.
7676. Subs. by Act No.67 of 1993(w.e.f. 1-10-1993). [
&nb
(1) When a casual vacancy occurs in the office of a 7878. Subs, by Act No. 67 of1993 (w.e.f. 1-10-1993). [Corporation or, as the case may be, Wards Committee shall] fill up the vacancy, as soon as may be after, and in any case within one month of the occurrence of the vacancy, by the election of another councillor or 7878. Subs, by Act No. 67 of1993 (w.e.f. 1-10-1993). [persons referred to in sub-clause (i) of clause (b) of sub-section (3) of Section 3].
(2) A member elected to fill a casual vacancy shall be elected to serve for the remainder of his predecessors term of office.
(1) The Standing Committee shall at its first meeting in each year elect one of its members 7979. Ins. by Act No. 67 of1993 (w.e.f. 1-10-1993). [who is a councillor] to be the Chairman and another member to be the Deputy Chairman.
(2) The Chairman or the Deputy Chairman of the Standing Committee shall hold office from the date of his election until the election of his successor in office unless in the meantime he resigns his office as Chairman or Deputy Chairman or his term of office as member of the Standing Committee is in any manner determined or unless in the case of the Deputy Chairman he is elected as Chairman.
(3) On the occurrence of any casual vacancy in the office of the Chairman or the Deputy Chairman, the Standing Committee shall within one month of the occurrence of such vacancy elect one of its member 7979. Ins. by Act No.
(1)Any member of the Standing Committee may resign his office by writing under his hand addressed to the Chairman; and the Chairman may resign his office by writing under his hand addressed to the Mayor.
(2) A resignation under sub-section (1) shall take effect from the date specified for the purpose in the writing referred to in that sub-section, or if no such date is specified, from the date of its receipt by the Chairman or the Mayor, as the case may be.
The Standing Committee shall exercise such powers and perform such functions as are specifically conferred or imposed upon it by or under this Act.
(1) For each zone there shall be a Wards Committee which shall consist of,
(a) all the councillors elected from the wards comprised in that zone; and
(b) the person, if any, nominated by the Administrator under sub-clause (i) of clause (b) of sub-section (3) of Section 3 if his name is registered as an elector within the territorial limits of the Zone concerned.
(2) The Wards Committee shall be deemed to have been constituted from the date on which the Corporation is constituted after each general election.
The provision of Sections 47 and 48 shall apply in relation to a Wards Committee as they apply in relation to the Standing Committee.
(1) Subject to the provisions of this Act, every Wards Committee shall exercise the powers and perform the functions as specified in the Fifteenth Schedule on behalf of the Corporation in relation to that Zone.
(2) The Central Government may, after consultation with the Government, by notification in the Official Gazette, amend the Fifteenth Schedule.
(3) When any question arises as to whether any matter falls within the purview of a Wards Committee or the Corporation, it shall be referred to the Government, and the decision of that Government thereon shall be final.
(1) The Central Government shall by notification in the Official Gazette, appoint a suitable person as the Commissioner of the Corporation.
(2) The Commissioner so appointed shall hold office for a term of five years in the first instance:
Provided that his appointment may be renewed from time to time for a term not exceeding one year at a time:
Provided further that where the Commissioner holds a lien on any service under the Government, the Central Government may at any time after reasonable notice to the Corporation replace his service at the disposal of that Government.
(3) The Central Government
(a) shall remove the Commissioner from office if at a special meeting of the Corporation called for the
The Commissioner shall be paid out of the Municipal Fund such monthly salary and such monthly allowances, if any, as may from tine to time be fixed by the Central Government and may be given such facilities (if any) in relation to residential accommodation, conveyance and the like as may from time to time be fixed by that Government:
Provided that the salary of the Commissioner shall not be varied to his disadvantage after his appointment.
(1)Leave may be granted to the Commissioner by the Standing Committee.
(2) Whenever such leave is granted to the Commissioner the Central Government shall appoint another person to officiate as Commissioner in his place.
If any vacancy occurs in the office of the Commissioner on account of death, resignation or removal, the Central Government may appoint another person to officiate as Commissioner in his place for a term not exceeding two months, pending the appointment of a Commissioner under Section 54.
(1) If the Commissioner is an officer in the service of the Government, the Corporation shall make such contribution towards his leave allowances, pension and provident fund as may be required by the conditions of his service under the Government, to be paid by him or for him, as the case may be.
(2) If the Commissioner is not an officer in the service of the Government, his leave and leave allowance, his superannuation or retirement, his gratuity or pensions and the proportions of his pensionary or provident fund contribution payable respectively from his salary and from the Municipal Fund shall be governed by rules:
Provided that
(a) the amount of any such leave and leave allowance, gratuity or pension shall in no case, without the special sanction of the Central Government, exceed what wo
Save as otherwise provided in this Act, the entire executive power for the purpose of carrying out the provisions of this Act [* * *]8181. Omitted by Act No.67 of 1993(w.e.f. 1-10-1993). and of any other Act for the time being in force which confers, any power or impose any duty on the Corporation, shall vest in the Commissioner who shall also
(a) exercise all the powers and perform all the duties specifically conferred or imposed upon him by this Act or by any other law for the time being in force;
(b) prescribe the duties of, and exercise supervision and control over the acts and proceedings of, all municipal officers and other municipal employees other than the Municipal Secretary and the Municipal Chief Auditor and the municipal officers and other municipal employees immediately subordinate to them and subject to any regulation that
8383. The heading "the General Manager (Electricity)" and Ss. 60 to 64 Omitted by Act No. 67 of 1993 (w.e.f. 1 -10- 1993). Miscellaneous provisions relating to the various municipal authorities
Miscellaneous provisions relating to the various municipal authorities
Miscellaneous provisions relating to the various municipal authorities
Miscellaneous provisions relating to the various municipal authorities
Miscellaneous provisions relating to the various municipal authorities
(1) The Standing Committee, 8282. Subs, by Act No. 67 of 1993 (w.e.f. 1-10-1993). [or the Wards Committee] may appoint from among its own members any sub-committee consisting of such number as that committee may think fit for exercising any power or performing any function of that committee under this Act for inquiring into or reporting or advising upon any matter which that committee may refer to such sub-committee.
(2) Every such sub-committee shall confirm to such instructions as may be given to it by the committee by which it has been appointed.
(1) A person shall be disqualified for being appointed as the Commissioner 8383. The heading "the General Manager (Electricity)" and Ss. 60 to 64 Omitted by Act No. 67 of 1993 (w.e.f. 1 -10- 1993). [* * *] who has, directly or indirectly, by himself or by a partner, or any other person, any share or interest in any contract made with, or any work being done for, the Corporation other than as such Commissioner 8383. The heading "the General Manager (Electricity)" and Ss. 60 to 64 Omitted by Act No. 67 of 1993 (w.e.f. 1 -10- 1993). [* * *].
(2) If the Commissioner, 8383. The heading "the General Manager (Electricity)" and Ss. 60 to 64 Omitted by Act No. 67 of 1993 (w.e.f. 1 -10- 1993). [* * *] acquires directly or indirectly, by himself or by his partner, or any other person, any share or interest in any such contract or work as is referred to in sub-section 1, he shall, unless the C
8484. Subs. by Act No.67 of 1993(w.e.f. 1-10-1993).
[( 1) A member of the Standing Committee or a Wards Committee, if he ceases to be a councillor or ceases to represent any of the categories mentioned in sub-clause (ii) of clause (b) of sub-section (3) of Section 3 shall cease to be a member of that Committee and his seat shall thereupon become vacant.]
(2) If a member of the Standing Committee 8383. Omitted by Act No.67 of 1993(w.e.f. 1-10-1993). [* * *] absents himself during the three successive months from the meetings of the committee except on account of illness or any other cause approved by the committee, or absents himself during six successive months from the meetings of the committee on account of any cause whatsoever, whether approved by the committee or not, he shall cease to be a member of the committee and his seat shall
The Standing Committee 8484. Subs. by Act No.67 of 1993(w.e.f. 1-10-1993). [or the Wards Committee] shall continue to function until a new committee is constituted in accordance with the provisions of this A.ct notwithstanding that the members or some of the members of such committee have ceased to be councillors or aldermen.
The Corporation may at any time call for any extract of any proceedings of the Standing Committee 8484. Subs. by Act No.67 of 1993(w.e.f. 1-10-1993). [the Wards Committee], the Delhi Rural Areas Committee, the Education Committee or of any other committee or sub-committee constituted or appointed under this Act and for any return, statement, account or report concerning or connected with any matter with which any such committee or sub-committee is empowered by or under this Act to deal; and every such requisition shall be complied with by any such committee or sub- committee without any unreasonable delay.
(1) The Corporation may at any time require the Commissioner
(a) to produce any record, correspondence, plan or other document which is in the possession or under his control as Commissioner or which is recorded or filed in his office or in the office of any municipal officer or other municipal employee subordinate to him;
(b) to furnish any return, plan, estimate, statement, account or statistics concerning of connected with any matter pertaining to the administration of this Act or the municipal government of Delhi 8585. 0mitted by Act No.67of1993(w.e,f. 1-10-1993). [* * *]
(c) to furnish a report by himself or to obtain from the head of any department subordinate to him and furnish with his own remarks thereon, a report, upon any subject concerning or connected with the administration of t
(1) Save as otherwise provided in this Act, the exercise of any power or the performance of any duty conferred or imposed upon the Corporation or any municipal authority by or under this Act, which will involve expenditure shall be subject to the following conditions, namely:
(a) that such expenditure, in so far as it is to be incurred in the year in which such power is exercised or duty performed, shall be provided for under a current budget-grant; and
(b) that if the exercise of such power or the performance of such duty involves or is likely to involve expenditure for any period or at any time after the close of the said year, such expenditure shall not be incurred without the sanction
(i) of the Standing Committee [* * *], if it is incurred in the year next following such year, or
&nb
(1) The Corporation shall ordinarily hold at least one meeting in every month for the transaction of business.
(2) The Mayor or in his absence the Deputy Mayor may, whenever he thinks fit, and shall, upon a requisition in writing by not less one- fourth of the total number of councillors 8686. Subs, by Act No. 67 of 1993 (w.e.f. 1-10-1993). [ and other person referred to in clause (b) of sub-section (3) of Section 3], convene a special meeting of the Corporation.
(3) Any meeting may be adjourned until the next or any subsequent date, and an adjourned meeting may be further adjourned in like manner.
The first meeting of the Corporation after a general election shall be held as early as possible after the publication of the results of the election [* * *] under Section 14 and shall be convened by the Administrator.
A list of the business to be transacted at every meeting except at an adjourned meeting shall be sent to the address of each councillor 8686. Subs, by Act No. 67 of 1993 (w.e.f. 1-10-1993). [and the persons referred to in clause (b) of sub-section (3) of Section 3] at least 72 hours before the time fixed for such meeting; and no business shall be brought before, or transacted at, any meeting other than the business of which a notice has been so given:
Provided that any councillor 8686. Subs, by Act No. 67 of 1993 (w.e.f. 1-10-1993). [or the persons referred to in clause (b) of sub-section (3) of Section 3] may send or deliver to the Municipal Secretary notice of any resolution going beyond the matters mentioned in the notice given of such meeting so as to reach him at least forty-eight hours before the date fixed for the meeting and the Municipal Secretary shall with all possible
(1) The quorum necessary for the transaction of business at a meeting of the Corporation shall be one-fifth of the total number of members 8888. Ins, by Act No. 67 of 1993 (w.e.f. 1-10-1993). [and the persons referred to in sub-clauses (ii), (iii) and (iv) of clause (b) of sub-section (3) of Section 3].
(2) If at any time during a meeting of the Corporation there is no quorum, it shall be the duty of the Mayor or the person presiding over such meeting either to adjourn the meeting or to suspend the meeting until there is a quorum.
(3) Where a meeting has been adjourned under sub-section (2) the business which would have been brought before the original meeting if there had been a quorum present threat, shall be brought before, and may be transacted at an adjourned meeting, whether there is a quorum present or not.
(1) The Mayor or in his absence the Deputy Mayor, shall preside at every meeting of the Corporation.
8989. Subs, by Act No. 67 of 1993 (w.e.f. 1-10-1993).
[(2) In the absence of both the Mayor and Deputy Mayor from the meeting, the members and the persons referred to in sub-clauses (ii), (iii) and (iv) of clause (b) of sub section (3) of Section 3 shall elect one from among the councillors to preside.]
(3) The Mayor or the person presiding over a meeting shall have and exercise a second or a casting vote in all cases of equality of votes.
Notwithstanding anything contained in Section 76
(a) at a meeting for the election of a Mayor the Administrator shall nominate a councillor 9090. Omitted by Act No.67 of 1993(w.e.f. 1-10-1993). [* * *] who is not a candidate for such election to preside over the meeting;
(b) if during the election of Mayor it appears that there is an equality of votes between any candidates at such election and that the addition of a vote would entitle any of those candidates to be elected as Mayor, then, the person presiding
(1) Save as otherwise provided in this Act, all matters required to be decided by the Corporation shall be decided by the majority of the votes of the 8989. Subs, by Act No. 67 of 1993 (w.e.f. 1-10-1993). [members and persons referred to in sub-clauses (ii), (iii) and (iv) of clause (b) of sub-section (3) of Section 3] present and voting.
(2) The voting shall be by show of hands, but the Corporation may, subject to such regulations as may be made by it, resolve that any question or class of questions shall be decided by ballot.
(3) At any meeting, unless voting be demanded by at least four 8989. Subs, by Act No. 67 of 1993 (w.e.f. 1-10-1993). [members and persons referred to in sub-clauses (ii), (iii) and (iv) of clause (b) of sub-section (3) of Section 3] a declaration by the presiding officer at such meeting that a resolution has been
(1) The Mayor or the person presiding over a meeting preserve order thereat and shall have all powers necessary for the purpose of preserving such order.
(2) The Mayor or the person presiding over a meeting may direct any councillor 9191. Subs, by Act No. 67 of 1993 (w.e.f. 1-10-1993). [or persons referred to in clauses (b) of sub-section (3) of Section 3] whose conduct is in his opinion grossly disorderly to withdraw immediately from the meeting, and any councillor 9191. Subs, by Act No. 67 of 1993 (w.e.f. 1-10-1993). [or persons referred to in clause (b) of sub-section (3) of Section 3] so directed to withdraw shall do so forthwith and shall absent himself during remainder of the meeting.
(3) If any councillor 9191. Subs, by Act No. 67 of 1993 (w.e.f. 1-10-1993). [or persons referred to in clause (b) of sub-section (3) of Section 3] is
No councillor or alderman shall vote at a meeting of the Corporation or of any committee thereof on any question relating to his own conduct or vote or take part in any discussion on any matter (other than a matter affecting generally the residents of Delhi or of any particular ward), which affects his pecuniary interest or any property of which he is directly or indirectly interested, or any property of or for which he is a manager or agent.
. . 9292. Subs, by Act No. 67 of 1993 (w.e.f. 1-10-1993).
[(1) The Commissioner or any municipal officer authorised by him in this behalf may attend, speak in, or otherwise take part in the proceedings of any meeting of the Corporation or any of its committees, but none of the persons specified herein shall by virtue of this sub-section be entitled to vote in any such meeting.]
(2) A councillor or 9292. Subs, by Act No. 67 of 1993 (w.e.f. 1-10-1993). [persons referred to in sub-clauses (ii), (iii) and (iv) of clause (b) of sub-section (3) of Section 3] may subject to the provisions of sub-sections (3), ask the Commissioner questions on any matter relating to the municipal government of Delhi or the administration of this Act or the functions of any of the municipal authorities.
(3) The right
The Corporation may make regulations for the transaction of business at its meeting:
Provided that the time, place and procedure for the first meeting after the constitution of the Corporation under Section 3 shall be determined by the Administrator.
(1) The Chairman or in his absence the Deputy Chairman shall preside at every meeting of the Standing Committee, the 9494. Subs. by Act No.67 of 1993(w.e.f. 1-10-1993). [Wards Committee], or any other committee of the Corporation.
(2) In the absence of the Chairman and the Deputy Chairman from any meeting the members of any such committee shall choose one [from amongst the councillors] to preside over the meeting.
The Corporation may make regulations for the procedure and the conduct of business at meetings, of the Standing Committee and all other committees except ad hoc committees which shall regulate their own procedure.
Minutes, in which shall be recorded the names of the [members and other person referred to in clause (b) of sub-sections (3) of Section 3 present] at, and the proceedings of each meeting 9595. Omitted by Act No.67 of l993 (w.e.f. 1-10-1993). [* * *] of the Corporation and of the Standing Committee and every other committee of the Corporation, shall be drawn up and recorded in a book to be kept for that purpose, and shall be laid before the next ensuing meeting of the Corporation or of such committee, as the case may be, and signed at such meeting by the presiding officer thereof.
(1) Minutes of the proceedings of each meeting of the Corporation shall be circulated to all the 9696. Subs, by Act No. 67 of 1993 (w.e.f. 1-10-1993). [persons referred to in clause (b) of sub-section (3) of Section 3] and shall at all reasonable times be available at the municipal office for inspection by any other person on payment of a fee of eight annas.
(2) Full reports, if any, of such proceedings shall similarly be available for inspection by any 9696. Subs, by Act No. 67 of 1993 (w.e.f. 1-10-1993). [persons referred to in clause (b) of sub-section (3) of Section 3] without charge and by any other person on payment of a fee of eight annas.
(1)The Municipal Secretary shall forward to the Administrator a copy of the minutes of the proceedings of each meeting of the Corporation, within ten days from the date on which the minutes of the proceedings of such meeting were signed under Section 85.
(2) The Administrator may also in any case ask for a copy of any paper or all the papers which were laid before the Corporation or any committee thereof and the Municipal Secretary shall forward to the Administrator a copy of such paper or papers.
(3) The Municipal Secretary shall also forward to the Administrator as soon as may be after the date referred to in sub-section (1), a full report of the proceedings of each meeting of the Corporation, if any such report be prepared.
(1)No act done or proceeding taken under this Act shall be questioned on the ground merely of
(a) the seat of any councillor 9797. Omitted by Act No. 67 of 1993 (w.e.f. 1-10-1993). [* * *] remaining unfilled from any cause
(b) the existence of any vacancy in, or any defect in the constitution of, the Corporation, or in any committee thereof;
(c) any [councillor or any person referred to in sub-clauses (ii), (iii) and (iv) of clause (b) of sub-section (3) of section 3] or taken part in any proceedings in contravention of Section 80;
(d) any defect or irregularity not affecting the merits of the case.
(2) Every meeting [* * *] of the Corporation or of any committee thereof, the minutes of the proceedings o
(1) The Corporation shall appoint suitable persons to be respectively the 9898. Omitted by Act No.67 of 1993(w.e.f. 1-10-1993). [* * *], the Municipal Engineer, the Municipal Secretary and the Municipal Chief Auditor and may appoint one or more Deputy Commissioners and such other officer or officers of a status equivalent to or higher than the status of any of the officers specified earlier in this sub-section as the Corporation may deem fit on such monthly salaries and such allowances, if any, as may be fixed by the Corporation.
(2) The appointment of the Municipal Chief Auditor shall be made with the previous approval of the 9898. Omitted by Act No.67 of 1993(w.e.f. 1-10-1993). [* o * *] Government and every other appointment referred to in sub-section (1) except that of the Municipal Chief Accountant and the Municipal Secretary shall be subject to confirmation by that Government
(1) The 9999. Subs, by Act No.67of 1993(w.e.f. 1-10-1993). [Commissioner] shall from time to time prepare and lay before 9999. Subs, by Act No.67of 1993(w.e.f. 1-10-1993). [the Standing Committee] two schedule of posts other than those specified in sub-section (1) of Section 89 setting forth the designations and grades of municipal officers and other municipal employees who should be maintained permanently in the service of the Corporation indicating therein the salaries, fees and allowances which are proposed to be paid to such officers and other employees.
(2) Of the two schedules referred to in sub-section (1), the first schedule shall deal with category A posts and the second schedule with category B and category C posts.
(3) 9999. Subs, by Act No.67of 1993(w.e.f. 1-10-1993). [The Standing Committee] shall lay the first schedule with
No permanent officer or other employee shall be entertained in any department of the municipal administration unless he has been appointed under sub-section (1) of Section 89 or his office and emoluments are included in one of the schedules for the time being in force prepared and sanctioned under Section 90.
. . 101101. Subs, by Act No. 67 of 1993 (w.e.f. 1-10-1993).
[(1) Subject to the provisions of Section 89, the power of the appointing municipal officers and other municipal employees whether temporary or permanent shall vest in the Commissioner:
Provided that the power of appointing officer and other employees immediately subordinate to the Municipal Secretary or the Municipal Chief Auditor to category B posts or category C posts shall vest in the Standing Committee:
Provided further that the Standing Committee may delegate to the Municipal Secretary or the Muncipal Chief Auditor the power of appointing officers and other employees immediately subordinate to the said Secretary or Auditor, to category C posts]
(2) The claims of the members of the S
[. . 103103. Ins. by Act No. 67 of 1993(w.e.f. 1-10-1993). The direct recruitment to category B and category C posts may be made by the Government through such agencies as may be prescribed by it.]
No municipal officer or other municipal employee shall undertake any work unconnected with his duties under this Act with the permission of the Corporation.
(1) A person shall be disqualified for being appointed as a municipal officer or employee if he has, directly or indirectly, by himself or by a partner or any other person any share or interest in any contract made with, or any work being done for the Corporation other than as such officer or employee.
(2) If any such officer or other employee acquires, directly or indirectly, by himself or by a partner or any other person, any share or interest in any such contract or work as is referred to in sub-section (1), he shall unless the authority appointing him in any particular case otherwise decides, be liable to be removed from his office by an order of such authority:
Provided that before an order of removal is made such officer or other employee shall be given a reasonable opportunity of showing cause against the action proposed to be ta
(1) Every municipal officer or other municipal employee shall be liable to have his increaments or promotion withheld or to be censured, reduced in rank, compulsorily retired, removed or dismissed for any breach of any departmental regulations or of discipline or for carelessness, unfitness, neglect of duty or other misconduct by such authority as may be prescribed by regulations:
Provided that no such officer or other employee as aforesaid shall be reduced in rank compulsorily retired, removed or dismissed by any authority subordinate to that by which he was appointed:
Provided further that the Corporation may by regulations provide that municipal employees belonging to such classes or categories as may be specified in the regulations shall be liable also to be fined by such authority as may be specified therein.
&
No appointment 106106. Omitted by ActNo. 67 of1993 (w.e.f. 1-10-1993). [* * *] to any category A post within the meaning of clause (i) of sub-section (8) of Section 90 shall be made except after consultation with the Commission:
Provided that no such consultation with the Commission shall be necessary in regard to the selection for appointment
(a) to any acting or temporary post for a period not exceeding one year; or
(b) to such ministerial posts as may from time to time be specified by the Corporation in consultation with the Commission when such posts are to be filled by promotion; or
(c) to a post when at the time of such appointment the person to be appointed thereto is in the service of the Central Government or a State Government in a class
(1)The Commission may make regulations for the following matters, namely:
(a) the procedure to be followed by the Commission in advertising posts, inviting applications, scrutinizing the same and selecting candidates for interview;
(b) the procedure to be followed by the Commission for selecting candidates for appointment and by the Corporation for consultation with the Commission;
(c) any other matter which is incidental to, or necessary for, the purpose of consultation with the Commission;
(2) In the case of any difference of opinion between the Commission and the Corporation on any matter, the Corporation shall refer the matter to the Central Government and the Decision of that Government thereon shall be final.
(1) The Corporation may make regulations to provide for any one or more of the following matters, namely:
(a) the tenure of office, salaries and allowances, provident funds, pensions, gratuities, leave of absence and other conditions of service of officers and other employees appointed under this Chapter;
(b) the powers, duties and functions of the Municipal Secretary;
(c) the qualifications of candidates for appointment to posts specified in subsection (1) of Section 89 and to posts dealt with in the First Schedule of posts referred to in sub-section (2) of Section 90 and the manner of selection for appointments to posts dealt with in the second schedule of posts referred to in that sub-section;
(d) the procedure to be followed in imposing any pen
(1) Save as otherwise provided in this Act,
(a) all funds which immediately before the establishment of the Corporation vested in any body or local authority specified in the Second Schedule;
(b) all money received by or on behalf of the Corporation under the provisions of this Act or of any other law for the time being in force, or under any contract;
(c) all proceeds of the disposal of property by, or on behalf of, the Corporation;
(d) all rents accruing from any property of the Corporation;
(e) all moneys raised by any tax, rate or cess levied for the purposes of this Act;
(f); all fees collected and all fines levied under this Act or under any rule, regula
[. .108108. Sub. by Act, 67 of 1993 (w.e.f.1-10-1993). All moneys payable to the Credit of the Municipal Fund in the General Account shall be received by the Commissioner and shall be forthwith paid into the State Bank of India to the credit of the said Account which shall be entitled "The General Account of the Municipal Fund of Delhi".]
(1) Save as otherwise provided in this Act no payment shall be made by the State Bank of India of the Municipal Fund Except on a cheque signed by both
(a) the Chief Accountant or an officer subordinate to him authorised by the Standing Committee in this behalf; and
108108. Sub. by Act, 67 of 1993 (w.e.f.1-10-1993). [(b) the Commissioner or a Deputy Commissioner or an officer subordinate to the Commissioner authorised by the Standing Committee in this behalf.]
(2) Payment of any sum due by the Corporation in excess of one hundred rupees shall be made by means of a cheque signed in accordance with sub-section (1) and not in any other way.
(3) Payment not covered by sub-section (2) may be made in cash.
No payment of any sum out of the Municipal Fund shall be made unless the expenditure of the same is covered by a current budget-grant and a sufficient balance of such budget-grant is still available not withstanding any reduction or transfer thereof which may have been made under the provisions of this Act:
Provided that this section shall not apply to payments made in the following classes of cases, namely:
(a) refund of taxes and other moneys which are authorised under this Act;
(b) repayment of moneys belonging to contractors or other persons and held in deposit and of moneys collected or credited to the Municipal Fund by mistake;
(c) sums payable in any of the following circumstances
(i) under orde
Before any person signs a cheque in accordance with Section 101, he shall satisfy himself that the sum for which the cheque is drawn is either
(a) required for a purpose or work specifically sanctioned by the proper authority and covered by a current budget-grant; or
(b) required for any payment referred to, or specified in Section 102.
Whenever any sum is expended under 109109. Subs, by Act 71 of 1971, S. 7 and Sch. II for clauses (c),(e) or (f)" (w.e.f. 3-11-1971). [clauses (c), (e) or (f)] of the proviso to Section 102 the Commissioner, 110110. Subs, by Act No. 67 of 1993(w.e.f. 1-10-1993). [shall forthwith communicate the circumstances to the Standing Committee] which may take, or recommend to the Corporation to take such action under the provisions of this Act as shall, in the circumstances appear possible and expedient for covering the amount of the additional expenditure.
(1) The moneys from time to time credited to the Municipal Fund shall be applied in payment of all sums, charges and costs necessary for carrying out the provisions of this Act, and of the rules, regulations and bye- laws made thereunder, or of which payment is duly directed, sanctioned or required by or under any of the provisions of this Act.
(2) Such moneys shall likewise be applied in payment of all sums payable out of the Municipal Fund under any other enactment for the time being in force.
(1) On the written requisition of a Secretary to the Central Government, 110110. Subs, by Act No. 67 of 1993(w.e.f. 1-10-1993). [the Commissioner], may at any time undertake the execution of any work certified by such Secretary to be urgently required in public interest, and for this purpose may temporarily make payments from the Municipal Fund so far as the same can be met without unduly interfering with the regular work of the municipal government.
(2) The cost of work so executed and of the establishment engaged in executing the same shall be paid by the Central Government and credited to the Municipal Fund.
(3) On receipt of any requisition under sub-section (1) the Commissioner 111111. Omitted by Act No.67of 1993(w.e.f. 1-10-1993). [* * *] shall forthwith forward a copy thereof to the Corporation together with a report of the steps
[. 112112. Subs, by Act No. 67 of 1993 (w.e.f. 1-10-1993). .
(1) Surplus moneys standing at the credit of General Account of the Municipal Fund which cannot immediately be applied for the purposes specified in Section 105, shall be deposited in the State Bank of India or in such scheduled bank or banks as the Corporation may select or be invested in public securities.
(2) The loss, if any, arising from such deposit of investment shall be debited to the General Accounts of the Municipal Fund.]
[. . 112112. Subs, by Act No. 67 of 1993 (w.e.f. 1-10-1993).
(1) The Administrator shall as soon as may be, within one year from the commencement of the Constitution (Seventy-third Amendment) Act, 1992 and thereafter at the expiration of every fifth year constitute a Finance Commission to review the financial position of the Corporation and to make the recommendations to the Administrator as to,
(a) the principles which should govern,
(i) the distribution between the National Capital Territory of Delhi and the Corporation of the net proceeds of the taxes, duties, tolls and fees leviable by the National Capital Territory of Delhi which may be divided between them;
(ii) the determination of the taxes, duties, tolls and fees which may be assigned to
(1) The Corporation shall constitute such special fund or funds as may be prescribed by regulations and such other funds necessary for the purposes of this Act as may be so prescribed.
(2) The constitution and disposal of such funds shall be effected in the manner laid down by regulations.
. . 113113. Subs, by Act No. 67 of 1993 (w.e.f. 1-10-1993).
[(1) The Corporation shall on or before the 31 st day of March of every year, adopt for the ensuing year the budget estimate which shall be an estimate of the income and expenditure of the corporation to be received and incurred on account of the Municipal government of Delhi.]
(2) On or before the 15th day of February of each year the Corporation shall determine the rates at which various municipal taxes, rates and cesses shall be levied in the next following year and save as otherwise provided in this Act the rates so fixed shall not be subsequently altered for the year for which they have been fixed.
(3) Budget estimates shall be prepared in such form as may be approved by the Standing Committee and presented and adopted in such m
. . 113113. Subs, by Act No. 67 of 1993 (w.e.f. 1-10-1993).
[(1) On the recommendation of the Standing Committee in respect of the budget estimate, the Corporation may from time to time, during the year,
(i) increase the amount of budget-grant under any head;
(ii) make an additional budget-gram for the purpose of meeting any special or unforeseen requirement arising during the said year; or
(iii) reduce the amount of the budget-grant under any head:
Provided that due regard shall be had to all the requirements of this Act and in making any increase or any additional budget-grant the estimated cash balance at the close of the year shall not be reduced below the sum of one lakh rupees or such higher sum
(1) If at any time during the year it appears to the Corporation that, notwithstanding any reduction of budget-grant that has been made under Section 110 the income of the Municipal Fund during the same year will not suffice to meet the expenditure sanctioned in the budget estimates of that year and to leave at the close of the year the cash balance specified in or determined under the proviso to sub-section (1) of Section 110, then, it shall be incumbent on the Corporation to sanction forthwith any measures which it may consider necessary for adjusting the years income to the expenditure.
(2) For the purposes of sub-section (1), the Corporation may either diminish the sanctioned expenditure of the year so fat as it may be possible so to do with regard to all the requirements of this Act, or have recourse to supplementary taxation under Section 151 or to an increase of the rates of
. . If the whole or any part of any budget-grant included in the budget estimates for a year remains unexpended at the close of that year, and the amount thereof has not been taken into account in the opening balance entered in the budget estimates of any of the next two following years, the Standing Committee 114114. Omitted, by Act No.67 of 1993(w.e.f. 1-10-1993). [* * *] may sanction the expenditure of such budget-grant or the unexpended portion thereof during the next two following years for the completion of the purpose or object for which the budget-grant was originally made and not for any other purpose or object.
(1) The Corporation shall, for the purposes of this Act, levy the following taxes, namely.
(a) property taxes;
(b) a tax on vehicles and animals;
(c) a theatre tax;
(d) a tax on advertisements other than advertisements published in the newspapers;
(e) a duty on the transfer of property; and
(f) a tax on buildings payable along with the application for sanction of the building plan.
(2) In addition to the taxes specified in sub-section (1), the Corporation may, for the purposes of this Act, levy any of the following taxes, namely:
(a) an education cess;
&nb
(1) Save as otherwise provided 118118. Omitted by Act No. 67 of 1993(w.e.f. 1-10-1993).
[(a) [* * *];
(b) [* * *];
(c) [* * *];]
(d) a general tax
(i) of not less ten and not more than 116116. Subs, by Act 2 of 1968, S. 2 for "twenty". [thirty] per cent of the rateable value of lands and buildings within the urban areas; and
(ii) on lands and buildings within the rural areas at such lower rates and with effect from such date as may be determined by the Corporation:
Provided that the Corporation may, when fixing the rate at which the geneial tax shall be levied during any year, determine that the rate leviable in r
(1)[* * *]
(2) [* * *]
(3) [* * . *]
(4) Save as otherwise provided in this Act, the general tax shall be levied in respect of all lands and buildings in Delhi except
(a) lands and buildings or portions of lands and buildings exclusively occupied and used for public worship or by a society or body for a charitable purpose:
Provided that such society or body is supported wholly or in part by voluntary contributions, applies its profits, if any, or other income in promoting its objects and does not pay any dividend or bonus to its members.
Explanation. "Charitable purpose" includes relief of the poor, education and medical relief but does not include a purpose
(1) The rateable value of any land or building assessable to property taxes shall be the annual rent at which such land or building might reasonably be expected to let from year to year less
(a) a sum equal to ten per cent of the said annual rent which shall be in lieu of all allowances for costs of repairs and insurance, and other expenses, if any, necessary to maintain the land or building in a state to commond that rent; and
(b) the water tax or the scavenging tax or both, if the rent is inclusive of either or both of the said taxes:
Provided that if the rent is inclusive of charges for water supplied by measurement, then, for the purpose of this section the rent shall be treated as inclusive of water tax on rateable value and the deduction of the water tax shall be made as provided there
[122122. Omitted by Act No. 67 of 1993 (w.e.f. 1-10-1993). * * *].
[122122. Omitted by Act No. 67 of 1993 (w.e.f. 1-10-1993). * * *].
. . 120120. "enum6ererfbyActNo.42of 1961,8.8 (w.e.f. 12-9-1961).
[(1) Notwithstanding anything contained in the foregoing provisions of this Chapter, lands and buildings being properties of the Union shall be exempt from the property taxes specified in Section 114:
Provided that nothing 123123. Subs, by Act 42 of 1961, for "in this section" (w.e.f. 12-9-1961). [in this sub-section] shall prevent the Corporation from levying any of the said taxes on such lands and buildings to which immediately before the 26th January, 1950, they were liable or treated as liable, so long as that tax continues to be levied by the Corporation on other lands and buildings.
124124. Ins. by S.8 ibid., (w.e.f. 12-9-1961).
[(2) Where the possession of any land or buildin
(1) The property taxes shall be primarily leviable as follows,
(a) if the land or building is let, upon the lessor;
(b) if the land or building is sub-let, upon the superior lessor;
(c) if the land or building is unlet, upon the person in whom the right to let the same vests: 125125. Ins. by S. 9, ibid (w.e.f. 12-9-1961). [
Provided that the property taxes in respect of land or building, being property of the Union, possession of which has been delivered in pursuance of Section 20 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (44 of 1954) shall be primarily leviable upon the transferee.]
(2) If any land has been let for a term exceeding one year to a tenant and such tenant has buil
(1) If any land or building assessed to property taxes is let, and its rateable value exceeds the amount of rent payable in respect thereof to the person upon whom under the provisions of Section 120 the said taxes are leviable, that person shall be entitled to receive from his tenant the difference between the amount of the property taxes levied upon him and the amount which would be leviable upon him if the said taxes were calculated on the amount of rent payable to him.
(2) If the land or building is sub-let and its rateable value exceeds the amount of rent payable in respect thereof to the-tenant by his sub-tenant, or the amount of rent payable in respect thereof to a sub-tenant by the person holding under the sub-tenant, the tenant shall be entitled to receive from his sub-tenant or the sub-tenant shall be entitled to receive from the person holding under him, as the case may
(1) On the failure to recover any sum due on account of property taxes in respect of any land or building from the person primarily liable therefor under Section 120, the Commissioner shall recover from every occupier of such land or building by attachment, in accordance with Section 162 of the rent payable by such occupier, a portion of the total sum due which bears, as nearly as may be, the same proportion to that sum as the rent annually payable by such occupier bears to the total amount of rent annually payable in respect of the whole of the land or building.
(2) An occupier from whom any sum is recovered under sub-section (1) shall be entitled to be reimbursed by the person primarily liable for the payment, and may in addition to having recourse to other remedies that may be open to him, deduct the amount so recovered from the amount of any rent from time to time becoming due
Property taxes due under this Act in respect of any land or building shall, subject to the prior payment of the land revenue, if any, due to the Government thereon, be a first charge
(a) in the case of any land or building held immediately from the Government, upon the interest in such land or building of the persons liable for such taxes and upon the goods and other movable properties, if any, found within or upon such land or building and belonging to such person; and
(b) in the case of any other land or building, upon such land or building and upon the goods and other movable properties, if any, found within or upon such land or building and belonging to the person liable for such taxes.
[Explanation. The term "property taxes" in this section shall be deemed to include the costs on recove
(1) Save as otherwise provided in this Act, the Corporation shall cause an assessment list of all lands and buildings in Delhi to be prepared in such form and manner and containing such particulars with respect to each land and building as may be prescribed by bye-laws.
(2) When the assessment list has been prepared the Commissioner shall give public notice thereof and of the place where the list or a copy thereof may be inspected, and every person claiming to be the owner, lessee or occupier of any land or building included in the list and any authorised agent of such person, shall be at liberty to inspect the list and to take extracts therefrom free of charge.
(3) The Commissioner shall, at the same time, give public notice of a date, not less than one month thereafter when he will proceed to consider the rateable values of lands and b
. . Subject to such alteration as may thereafter be made in the assessment list under Section 126 and to the result of any appeal made under the provisions of this Act, the entries in the assessment list authenticated and deposited as provided in Section 124 shall be accepted as conclusive evidence
(a) for the purpose of assessing any tax levied under this Act, of the rateable value 55. The word "and" omitted by S. 11 ibid., (w.e.f. 12-9-1961). [* * *]
66. "C1.(b)" omitted by S. 11 ibid.,(w.e.f. 12-9-1961). [* * *]
(1) The Commissioner may, at any time, amend the assessment list
(a) by inserting therein the name of any person whose name ought to be inserted; or
(b) by inserting therein any land or building previously omitted; or
(c) by striking out the name of any person not liable for the payment of property taxes; or
(d) by increasing or reducing for adequate reasons the amount of any rateable value and of the assessment thereupon; or
(e) by making or cancelling any entry exempting any land or building from liability to any property tax; or
(f) by altering the assessment on the land or building which has been erroneously valued or assessed through fraud, mistake or acc
It shall be in the discretion of the Commissioner to prepare for the whole or any part of Delhi, a new assessment list every year or to adopt the rateable values [* * *] contained in the list for any year, with such alteration as may in particular cases be deemed necessary, as the rateable values [* * *] for the year following, giving the same public notice as well as individual notices, to persons affected by such alterations, of the rateable values [* * *] as if anew assessment list had been prepared.
(1) Whenever the title of any person primarily liable for the payment of property taxes on any land or building is transferred, the person whose title is transferred and the person to whom the same is transferred shall within three months after the execution of the instrument of transfer or after registration, if it is registered, or after the transfer is effected, if no instrument is executed, give notice of such transfer in writing to the Commissioner.
(2) In the event of the death of any person primarily liable as aforesaid, the person on whom the title of the deceased devolves, shall give notice of such devolution to the Commissioner within six months from the date of the death of the deceased.
(3) The notice to be given under this section shall be in such form as may be determined by bye-laws made under this Act, and the transferee
When any new building is erected or when any building is rebuild or enlarged or when any building which has been vacant is reoccupied, the person primarily liable for the property taxes assessed on the building shall give notice thereof in writing to the Commissioner within fifteen days from the date of its completion or occupation whichever first occurs, or as the case may be, from the dates of its enlargement or reoccupation; and property taxes shall be assessable on the building from the said date.
(1) When any building or any portion of a building, which is liable to the payment of property taxes is demolished or removed, otherwise than by order of the Commissioner, the person primarily liable for the payment of the said taxes shall give notice thereof in writing to the Commissioner.
(2) Until such notice is given, the person aforesaid shall continue liable to the payment of such property taxes as he wouldhave been liable to pay in respect of such building if the same or any portion thereof had not been demolished or removed.
(1) To enable him to determine the rateable value of any land or building and the person primarily liable for the payment of any property taxes leviable in respect thereof, the Commissioner may require the owner or occupier of such land or building, or of any portion thereof to furnish him within such reasonable period as the Commissioner fixes in this behalf, with information or with a written return signed by such owner or occupier
(a) as to the name and place of residence of the owner or occupier, or of both the owner and occupier of such land or building;
(b) as to the measurements or dimensions of such land or building or of any portion thereof and the rent, if any, obtained for such land or building or any portion thereof; and
(c) as to the actual cost or other specified details connect
Notwithstanding that any land or building is owned by, or let to, two or more persons hi severally, the Commissioner shall for the purpose of assessing such land or building to property taxes treat the whole of it as one property:
Provided that the Commissioner may, in respect of any land or building which was originally treated as one property but which subsequently passes on by transfer, succession or in any other manner to two or more persons who divide the same into several parts and occupy them in severally, treat, subject to any bye-law made in this behalf, each such several part, or two or more or such several parts together, as a separate property and assess such part or parts to property taxes accordingly.
If any land or building, bearing two or more municipal numbers, or portions thereof, be amalgamated into one or more new premises, the Commissioner shall on such amalgamation assign to them one or more numbers and assess them to property taxes accordingly:
Provided that the total assessment on amalgamation shall not be greater than the sum of the previous assessments of the several premises except when there is any revaluation of any of the said premises.
The Commissioner may in his discretion assess any outhouse appurtenant to a building, or any portion of a land or building separately from such building or as the case may be, from the rest of such land or building.
(1) The Commissioner may, if he thinks fit, employ one or more competent persons to give advice or assistance in connecting with the valuation of any land or building, and any person so employed shall have power, at all reasonable times and after giving due notice, and on production, if so required, of authorisation in writing in that behalf from the Commissioner, to enter on, survey and value any land or building which the Commissioner may direct him to survey and value.
(2) No person shall wilfully delay or obstruct any such person in the exercise of any of his powers under this section.
Save as otherwise provided in this Act, a tax at the rates not exceeding those specified in the Third Schedule shall be levied on vehicles and animals of the descriptions specified in that Schedule which are kept within Delhi.
The tax on vehicles or animals shall be leviable upon the owner of, or the person having possession or control ef, such vehicles or animals in respect of which the tax is leviable:
Provided that in the case of an animal generally used or employed in drawing any vehicle, the tax in respect of such animal shall be leviable upon the owner of, or the person having possession or control of, such vehicle, whether or not such animal is owned by such owner or person:
Provided further that the tax under this section shall not be levied in respect of
(a) vehicles and animals belonging to the Central Government or to the Corporation used or intended to be used solely for public purposes;
(b) vehicles intended exclusively for the conveyance free of charge, of
The tax on vehicles or animals shall be payable in advance in such number or instalments and in such manner as may be determined by bye-laws made in this behalf.
keeper etc., for tax. The Commissioner may, with the approval of the Standing Committee, compound for any period not exceeding one year at a time, with any livery stable keeper vehicles for hire or animals for sale or hire, for a lump sum to be paid in respect of the vehicles or animalso kept in lieu of the taxes leviable under Section 136 which such livery stable-keeper or other person would otherwise be liable to pay.
Save as otherwise provided in this Act, there shall be levied a tax (referred to in this Act as theatre tax) in respect of every cinema, theatre, circus, carnival and other place of entertainment to which persons are ordinarily admitted on payment for performances or shows held or conducted threat, at such rates not exceeding those specified in the Fourth Schedule as Corporation may determine:
Provided that the theatre tax shall not be levied in respect of any performance or show if the Commissioner is satisfied
(a) that the entire receipts from such performance or show will be devoted to philanthropic, religious or charitable purposes; or
(b) that the performance or show is of a wholly educational character; or
(c) that the performance or show is
Every proprietor, manager, or person in charge of a theatre, cinema, circus, carnival or other place of entertainment shall be liable to pay the theatre tax and shall pay the same in advance before the commencement of the performances or shows:
Provided that the Commissioner may, with the approval of the Standing Committee, compound for any series of performances or shows or for any period not exceeding one month, with such proprietor, manager or person for a lump sum to be paid for such series of performances or shows or for the performances or shows held or conducted during such period.
(1) Every person, who erects, exhibits, fixes or retains upon or over any land, building, wall, hoarding, frame, post or structure or upon or in any vehicle any advertisement or, who displays any advertisement to public view in any manner whatsoever, visible from a public street or public place (including any advertisement exhibited by means of cinematographs), shall pay for every advertisement which is so erected, exhibited, fixed or retained or so displayed to public view, a tax calculated at such rates not exceeding those specified in the Fifth Schedule as the Corporation may determine:
Provided that no tax shall be levied under this section on any advertisement which
(a) relates to a public meeting, or to an election to Parliament or the Corporation or to candidature in respect of such election; or
(1) No advertisement shall be erected, exhibited, fixed or retained upon or over any land, building wall, hoarding, frame, pose or structure or upon or in any vehicle or shall be displayed in any manner whatsoever in any place within Delhi without the written permission of the Commissioner granted in accordance with bye-laws made under this Act.
(2) The Commissioner shall not grant such permission if
(a) the advertisement contravenes any bye-law made under this Act; or
(b) the tax, if any, due in respect of the advertisement has not been paid.
(3) Subject to the provisions of sub-section (2), in the case of an advertisement liable to the advertisement tax, the Commissioner shall grant permission for the period to which the payment of the tax relate
The permission granted under Section 143 shall become void in the following cases, namely:
(a) if the advertisement contravenes any bye-law made under this Act;
(b) if any material change is made in the advertisement or any part thereof without the previous permission of the Commissioner;
(c) if the advertisement or any part thereof falls otherwise than through accident;
(d) if any addition or alteration is made to, or in the building, wall, hoarding, frame, post or structure upon or over which the advertisement is erected, exhibited, fixed or retained if such addition or alteration involves the disturbance of the advertisement or any part thereof; and
(e) if the building, wall, hoarding, frame, post or
Where any advertisement has been erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding, frame, post or structure or upon or in any vehicle or displayed to public view from a public street or public place in contravention of the provisions of this Act or any bye-laws made thereunder, it shall be persumed, unless and until contrary is proved, that the contravention has been committed by the person or the persons on whose behalf the advertisement purports to be or the agents of such person or persons.
If any advertisement is erected, exhibited, fixed or retained in contravention of the provisions of Section 143, the Commissioner may require the owner or occupier, of the land, building, wall, hoarding, frame, post or structure or vehicle upon, or over or in which the same is erected, exhibited, fixed or retained, to take down or remove such advertisement or may enter any land, building, property or vehicle and have the advertisement dismantled taken down or removed or spoiled, defaced or screened.
(1) Save as otherwise provided in this Act, the Corporation shall levy a duty on transfers of immovable property situated within the limits of Delhi in accordance with the provisions hereafter in this section contained.
(2) The said duty shall be levied
(a) in the form of a surcharge on the duty imposed by the Indian Stamp Act, 1899 (2 of 1889) as in force for the time being in the Union Territory of Delhi, on every instrument of the description specified below, and
(b) at such rate as may be determined by the Corporation not exceeding five per cent, on the amount specified below against such instruments: Description of instrument
Amount on which duty should be levied
&nbs
On the introduction of the duty on transfers of property
(a) Section 27 of the Indian Stamp Act, 1899 (2 of 1899), as in force in Delhi shall be read as if it specifically required the particulars to be set forth separately in respect of property situated within and without Delhi;
(b) Section 64 of the said Act shall be read as if it referred to the Corporation as well as the Government.
(1) Save as otherwise provided in this Act, the Corporation shall levy a tax on buildings at such rates not exceeding those specified in the Sixth Schedule, as the Corporation shall determine.
(2) The tax shall be leviable on every person who makes an application to the Commissioner for the sanction of building plan and shall be payable along with the same. Other taxes
(1) The Corporation may, at a meeting, pass a resolution for the levy of any of the taxes specified in sub-section (2) of Section 113, defining the maximum rate of the tax to be levied, the class or classes of persons or the description or description of articles and properties to be taxed, the system of assessment to be adopted and the exemptions, if any, to be granted.
(2) Any resolution passed under sub-section (1) shall be submitted to the 1212. Omitted by Act No. 67 of 1993 (w.e.f. 1-10-1993). [* * *] Government for its sanction, and if sanctioned by that Government, shall come into force on and from such date as may be specified in the order of sanction.
(3) After a resolution has come into force under sub-section (2), the Corporation may, subject to the maximum rate, pass a second resolution determining the actual rates at which t
Whenever the Corporation decides to have recourse to supplementary taxation under sub-section (2) of Section 111 in any year, it shall do so by increasing from such date as the Corporation may determine, the rates at which any tax leviable under this Act is being levied, but every such increase shall be made subject to the maximum rate and any other limitation specified in respect of such tax.
Save as otherwise provided in this Act, any tax levied under this Act shall be payable on such dates, in such number of instalments and in such manner as may be determined by bye-laws made in this behalf.
(1) When any tax has become due, the Commissioner shall cause to be presented to the person liable for the payment thereof, a bill for the amount due:
Provided that no such bill shall be necessary in the case of-
(a) a tax on vehicles and animals:
(b) a theatre tax ; and
(c) a tax on advertisements.
(2) Every such bill shall specify the particulars of the tax and the period for which the charge is made.
(1) If the amount of tax for which a bill has been presented under Section 153, is not paid within fifteen days from the presentation thereof, or if the tax on vehicles and animals or the theatre tax or the tax on advertisements is not paid after it has become due, the Commissioner may cause to be served upon the person
(2) For every notice of demand which the Commissioner causes to be served on any person under this section, a fee of such amount not exceeding five rupees as may be determined by bye-laws made in this behalf, shall be payable by the said person and shall be included in the cost of recovery.
(1) If the person liable for the payment of any tax does not, within thirty days of the service of the notice of demand under Section 154, pay the sum due and if no appeal is preferred against such tax, he shall be deemed to be in default.
(2) When the person liable for the payment of any tax is deemed to be in default under sub-section (1), such sum not exceeding twenty per cent of the amount of the tax as may be determined by the Commissioner may be recovered from him by way of penalty, in addition to the amount of the tax and the notice fee, payable under sub-section (2) of Section 154.
(3) The amount due as penalty under sub-section (2) shall be recoverable as an arrear of tax under this Act.
Section 155 of the Delhi Municipal Corporation Act, 1957, addresses the penalties imposed on individuals or entities that fail to pay taxes within a specified timeframe. This provision is crucial for ensuring compliance with tax obligations and maintaining the financial health of the municipal corporation.
Section 155 outlines the consequences for a person liable for tax who does not pay the due amount within thirty days of receiving a notice of demand. It establishes a framework for imposing penalties on defaulters.
The scope of Section 155 encompasses all taxes levied by the municipal corporation. It serves as a deterrent against non-compliance and ensures that the corporation can recover dues effectively.
The penalty for defaulting on tax payments can be up to twenty percent of the amount due, as specified in the provisions of the Act.
(1) If the person liable for the payment of the tax does not, within thirty days from the service of the notice of demand, pay the amount due, such sum together with all costs and the penalty provided for in Section 155, may be recovered under a warrant, issued in the form set forth in the Eight Schedule, by distress and sale of the movable property or the attachment and sale of the immovable property, of the defaulter:
Provided that the Commissioner shall not recover any sum the liability for which has been remitted on appeal under the provisions of this Act.
(2) Every warrant issued under this section shall be signed by the Commissioner.
(1) It shall be lawful for any officer or other employees of the Corporation to whom a warrant issued under Section 156 is addressed to distrain, wherever it may be found in any place in Delhi, any movable property or any standing timber, growing crops or grass belonging to the person therein named as defaulter, subject to the following conditions, exceptions and exemptions, namely:-
(a) the following property shall not be distrained:-
(i) the necessary wearing apparel and bedding of the defaulter, his wife and children and their cooking and eating utensils;
(ii) tools of artisans:
(iii) books of account; or
(iv) when the defaulter is an agriculturist his implement of husbandry, seed, grain and such cat
(1) When the property seized is subject to speedy and natural decay or when the expense of keeping it in custody is, when added to the amount to be recovered, likely to exceeds its value, the Commissioner shall give notice to the person in whose possession the property was at the time of seizure that it will be sold at once, and shall sell it accordingly by public auction unless the amount mentioned in the warrant is forthwith paid.
(2) If the warrant is not in the meantime suspended by the Commissioner, or discharged, the property seized shall, after the expiry of the period named in the notice served under sub-section (2) of Section 157, be sold by public auction by order of the Commissioner.
(3) When a warrant is issued for the attachment and sale of immovable property, the attachment shall be made by an order prohibiting the defaulte
(1) If the Commissioner has reason to believe that any person from whom any sum is due or is about to become due on account of any tax is about to move from Delhi, he may direct the immediate payment by such person of the sum so due or about to become due and cause a notice of demand for the same to be served on such person.
(2) If, on the service of such notice, such person does not forthwith pay the sum so due or about to become due, the amount shall be leviable by distress or attachment and sale in the manner herein before provided, and the warrant of distress or attachment and sale may be issued and executed without any delay.
Instead of proceeding against a defaulter by distress and sale as hereinbefore provided, or after a defaulter has been so proceeded against unsuccessfully or with partial success, any sum due or the balance of any sum due, as the case may be, from such defaulter on account of a tax may be recovered from him ay a suit in any court of competent jurisdiction.
payment of tax thereon.-
(1) If the tax on any vehicle or animal is not paid, then, instead of proceeding against the defaulter by distress and sale of his other movable property as herein before provided, the Commissioner may, at any time after the tax has become due, seize and detain the vehicle or animal or both and if the owner or other person entitled thereto does not within seven days in respect of a vehicle and two days in respect of an animal from the date of such seizure and detention, claim the same and pay the tax due together with the charges incurred in connection with the seizure and detention, the Commissioner may cause the same to be sold and apply the proceeds of the sale or such part thereof as is required in discharge of the sum due and the charges incurred as aforesaid.
(2) The surplus, if any, remaining after the ap
(1) For the purposes of recovering the amount of any property tax from any occupier under Section 122, the Commissioner shall cause to be served on such occupier a notice requiring him to pay to the Corporation any rent due or falling due from him in respect of the land or building to the extent necessary to satisfy the portion of the sum due for which he is liable under the said section.
(2) Such notice shall operate as an attachment of the said rent unless the position of the sum due shall have been paid and satisfied and the occupier shall be entitled to credit in account with the person to whom such rent is due for any sum paid by him to the Corporation in pursuance of such notice:
Provided that if the person to whom such rent is due is not the person primarily liable for payment of the property tax, he shall be entitled to recover
If any building is wholly or partly demolished or destroyed or otherwise deprived of value, the Commissioner may, on the application in writing of the owner or occupier, remit or refund such portion of any tax assessed on the rateable value thereof as he thinks fit.
1313. Subs.by ActNo.42 of1961,S. 15 for the original section (w.e.f. 12-9-1961). .-
(1) If any building together with land appurtenant there to has remained vacant and unproductive of rent for sixty or more consecutive days, the Commissioner shall remit or refund, as the case may be, two-thirds of such portion of 1414. Omitted by act No.67 of l993(w.e.f. 1-10-1993). [* * *] the general tax assessed on the rateable value thereof, as may be proportionate to the number of days during which the said building together with the land appurtenant thereto has remained vacant and unproductive of rent.
(2) If any land, not being land appurtenant to a building, has remained vacant and unproductive of rent for sixty or more consecutive days, the Commissioner shall remit or refund, as the case may be, one-half of such portion of 1414. Omitted by act
(1) For the purpose of obtaining a partial remission or refund of tax, the owner of a building composed of separate tenements may request the Commissioner, at the time of the assessment of the building, to enter in the assessment list, in addition to the rateable value of the whole building, a note regarding any detail of the rateable value of each separate tenement.
(2) When any tenant, the rateable value of which has been thus separately recorded has remained vacant and unproductive of rent for sixty or more consecutive days, such portion of any tax assessed on the rateable value of the whole building shall be remitted or refunded as would have been remitted or refunded if the tenement had been separately assessed.
No remission or refund under Section 164 or Section 165 shall be made unless notice in writing of the fact that land, building or tenement has become vacant and unproductive of rent has been given to the Commissioner, and no remission or refund shall take effect in respect of any period commencing more than fifteen days before delivery of such notice.
(1) For the purposes of Sections 164 and 165, no land, building or tenement shall be deemed vacant if maintained as a pleasure resort or town or country house or be deemed unproductive of rent if let to a tenant who has a continuing right of occupation thereof, whether he is in actual occupation or not.
(2) The burden of proving the facts entitling any person to claim relief under Section 163, or Section 164, or Section 165, shall be upon him.
The owner of any land, building, or tenement in respect of which a remission or refund of tax has been given under Section 164, or Section 165, shall give notice of the reoccupation of such land, building or tenement within fifteen days of such reoccupation.
(1) An appeal against the levy or assessment of any tax under this Act shall lie to the court of the District Judge of Delhi.
(2) If, before or on the hearing of an appeal under this section, any question of law or usage having the force of law or construction of a document arises, the court of the District Judge on its own motion may, or on the application of any party to the appeal, shall, draw up a statement of the facts of the ease, and the question so arising, and refer the statement with its opinion on the question for the decision of the High Court.
(3) On a reference being made under sub-section (2), the subsequent proceedings in the case shall be, as nearly as may be in conformity with the rules relating to references to the High Court contained in Order XLVI of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908)
No appeal shall be heard or determined under Section 169 unless
(a) the appeal is, in the case of a property tax, brought within thirty days next after the date of authentication of the assessment list under Section 124 (exclusive of the time requisite for obtaining a copy of the relevant entries therein) or, as the case may be, within thirty days of the date on which an amendment is finally made under Section 126, and, in the case of any other tax, within thirty days next after the date of the receipt of the notice of assessment or of alteration of assessment or, if no notice has been given, within thirty days after the date of the presentation of the first bill or, as the case may be, the first notice of demand in respect thereof:
Provided that an appeal may be admitted after the expiration of the period prescribed therefore by this
The order of the court confirming, setting aside or modifying an order in respect of any rateable value or assessment or liability to assessment or taxation shall be final:
Provided that it shall be lawful for the court, upon application or on its own motion, to review any order passed by it in appeal within three months from the date of the order. Miscellaneous provisions relating to taxation
(1) The Commissioner may, without giving any previous notice, enter upon and make aft inspection of-
(a) any land or building for the purpose of determining the rateable value of such land or building;
(b) any stable, garage, or coach house or any place wherein he may have reason to believe that there is any vehicle or animal liable to a tax under this Act;
(c) any place or premises which he has reason to belive are being used or are about to be used for any performance or show in respect of which the theatre tax is payable or would be payable;
(d) any land, building or vehicle in or upon which any advertisement liable to tax under this Act is exhibited or displayed.
(2) The Commissioner may, by written
(1) The Commissioner may, with the previous sanction of the Standing Committee, allow any person to compound for any tax.
(2) Every sum due by reason of the composition of a tax under sub-section (1) shall be recovered as an arrear of tax under this Act.
(1) The Commissioner may write off any sum due on account of any tax or of the costs of recovering any tax if such sum is, in his opinion irrecoverable:
Provided that, where the sum written off in favour of any one person exceeds one hundred rupees, the previous sanction of the Standing Committee shall be first obtained.
(2) The Commissioner shall report to the Standing Committee every case in which any sum has been written off under sub-section (1).
(1) The Commissioner may, by written notice, call upon any inhabitant of Delhi to furnish such information as may be necessary for the purpose of ascertaining-
(a) whether such inhabitant is liable to pay any tax imposed, by the Corporation under this Act;
(b) at what amount he should be assessed ; or
(c) the rateable value of the land or building which he occupies and the name and address of the owner or lessee thereof.
(2) If any person when called upon under sub-section (1) to furnish information neglects to furnish it within the period specified in this behalf by the Commissioner or furnishes information which is not true to the best of his knowledge or belief, he shall be liable, in addition to any penalty which may be imposed under this Act,
No assessment and no charge or demand on account of any tax shall be impeached or affected by reason only of any mistake in the name, residence, place of business or occupation of any person liable to pay the tax or in the description of any property or thing, of any mistake in the amount of the assessment, charge or demand, or by reason only of clerical error or other defect of form, if the directions contained in this Act and the bye-laws made thereunder have in substance and effect been complied with; and it shall be enough in the case of any such tax on property or any assessment of value for the purpose of any such tax, if the property taxed or assessed is so described as to be generally known; and it shall not be necessary to name the owner or occupier thereof.
The Corporation may, by resolution passed in this behalf, exempt either wholly or in part from the payment of any tax levied under this Act, any class of persons or any class of property or goods.
14a14a. The Heading and sections 178 to 183 omitted by the Delhi Municipal Corporation (Amendment) Ordinance No. 21 of 1993 (w.e.f. 30-1 -1993). .-
(1) On and from the date of the establishment of the Corporation under Section 3, there shall be levied on all goods carried by railway or road into the Union Territory of Delhi from any place outside thereof, a terminal tax at the rates specified in the Tenth Schedule.
(2) The Central Government may, by notification in the Official Gazette, vary from time to time, the rates specified in that Schedule, in relation to any goods or classes of
(3) The Central Government may by like notification declare that with effect from such date as may be specified in the notification, the terminal tax levied in relation to any goods or class of goods shall, fo
(1) The terminal tax levied under this Act shall be payable on demand and shall be collected by the Central Government in such manner and through such agency as may be specified by notification in the Official Gazette.
(2) Such portion of the total proceeds of the terminal tax as the Central Government may determine shall be deducted to meet the cost of collection of the tax.
The proceeds of the terminal tax collected under this Act (which shall form part of the Consolidated Fund of India) reduced by the cost of collect ion as determined under sub-section (2) of Section 179 shall, if Parliament by appropriation made by law in this behalf so provides, be paid by the Central Government to the Corporation and to other local authorities within the Union Territory of Delhi in such proportion as may from time to time be determined by the Central Government.
The Central Government may, by notification in the Official Gazette, exempt either wholly or in part from the payment of terminal tax imposed by this Act any class of goods.
Every person authorised under the provisions of this Act and the rules made thereunder to collect the terminal tax shall have, in respect of the collection of such tax and of the confiscation of goods in connection therewith, same powers as are conferred by any law for the time being in force on the Collector of Land Customers, Delhi and the officers subordinate to him in respect of the levy and collection of land customs duties and the confiscation of goods in connection therewith and shall also be subject to the same liabilities in respect of anything done by him in or for the purpose of collecting the terminal tax as the said Collector of Land Customs and the officers subordinate to him are subject to under any law for the time being in force relating to land customs duties.
The Central Government may make rules in relation to the levy, assessment and collection of terminal tax under this Act and may by such rules provide for the following among other matters, namely:-
(a) the examination of goods liable to payment of terminal tax;
(b) the inspection, weighing or otherwise examining the contents of any conveyance or package for the purpose of ascertaining whether it contains any goods in respect of which terminal tax is payable;
(c) the seizure and confiscation of goods liable to terminal tax in case of refusal to pay such tax ;
(d) the measures to prevent evasion of terminal tax ;
(e) any other matter which is to be or may be prescribed for the levy, assessment or collectio
[. 1616. Subs. by Act No.67 of 19993(w.e.f. 1-10-1993). .-The proceeds of the entertainment and betting taxes collected in Delhi under the provisions of the Uttar Pradesh Entertainment and Betting Tax Act, 1937 (U.P. Act 8 of 1937), as extended to Delhi (which shall form part of the Consolidated Fund of the National Capital Territory of Delhi) reduced by the cost of collection as determined by the Government shall, if the Legislature Assembly of the National Capital Territory of Delhi by appropriation made by law in this behalf so provides, be paid to the Corporation for the performance of its functions under this Act.]
(1) The Corporation may, in pursuance of any resolution passed by it, borrow by way of debenture or otherwise on the security of all or any of the taxes, rates, cesses, fees and charges authorised by or under this Act, any sums of money which may be. required-
(a) for acquiring any land which it has power to acquire;
(b) for erecting any building which it has power to erect;
(c) for execution of any permanent work, the provision of any plant, or the doing of any other thing which it has power to execute, provide or do, if the cost of carrying out the purpose in question ought to be spread over a term of years;
1717. Sub. by Act, 67 of 1993. [(d) to pay off any debt due to the Central Government or the Government;]
&
The time for the repayment of any money borrowed under Section 185 shall in no case exceed sixty years and the time for repayment of any only borrowed for the purpose of discharging any previous loan shall not, except with the express sanction of the Central Government, extend beyond the unexpired portion of the period for which such previous loan was sanctioned.
All debentures issued under this Chapter shall be in such form as the Corporation may, with the previous sanction of the Central Government, determine and shall be transferable in such manner as shall be therein expressed; and the right to sue in respect of the moneys secured by any of such debentures shall vest in the holders thereof for the time being without any preference by reason of some such debentures being prior in date to others.
When any debenture or security issued under this Act is payable to two or more persons jointly, and either or any of them dies, then, notwithstanding anything in Section 45 of the Indian Contract Act, 1872 (9 of 1872), the debentures or security shall be payable to the survivor or survivors of such person.
Provided that nothing in this section shall affect any claim by the legal representative of a deceased person against such survivor or survivors.
When two or more persons are joint holders of any debenture or security issued under this Act, any one of such persons may give an effectual receipt for any interest or dividend payable in respect of such debentures or security, unless notice to the contrary has been given to the Corporation by the other of such persons.
(1) The Corporation shall maintain sinking funds for the repayment of money borrowed on debentures issued and shall pay every year into such sinking funds such sum as will be sufficient for the repayment within the period fixed for the loan of all moneys borrowed on the debentures issued.
(2) All moneys paid into the sinking funds shall, as soon as possible, be invested by the Commissioner in public securities and every which investment shall be reported by the Commissioner to the Corporation within fifteen days.
(3) All dividends and other sums received in respect of any such investment shall, as soon as possible after receipt, be paid into the sinking funds and invested in the manner laid down in sub-section (2).
(4) When any part of a sinking fund is invested in Delhi municipal debentures,
A sinking fund or any part thereof shall be applied in or towards the discharge of the loan or a part of the loan for which such funds was created, and until such loan or part is wholly discharged shall not be applied for any other purpose:
Provided that when any loan or part thereof has been consolidated under Section 193, the Commissioner shall transfer to the sinking fund of the consolidated loan such part of the sinking funds of the original loans as may be proportionate to the amount of the original loans incorporated in the consolidated loan.
(1) The Commissioner shall, at the end of every year, submit to the Corporation a statement showing-
(a) the amount which has been invested during the year under Section 190 ;
(b) the date of the last investment made previous to the submission of the statement;
(c) the aggregate amount of the securities then in his hands; and
(d) the aggregate amount which has up to the date of the statement been applied under Section 191, in or towards discharging loans.
(2) Every such statement shall be published in the Official Gazette.
(1) Notwithstanding anything to the contrary contained in this Chapter, the Corporation may consolidate all or any of its loans and for that purpose may invite tenders for a new loan (to be called "the Delhi Municipal consolidated loan, 19-") and invite holders of the municipal debentures to exchange their debentures for scrips of such loan.
(2) The terms of any such consolidated loan and the form of its scrip and the rates at which exchange into such consolidated loan shall be permitted shall be subject to the prior approval of the Central Government.
(3) The period for the exchanging of any such consolidated loan shall not, without the sanction of the Central Government, extend beyond the farthest date within which any of the loans to be consolidated would otherwise be repayable.
(4) The Cor
All payments due from the Corporation for interest on and repayment of loans shall be made in priority to all other payments due from the Corporation.
(1) If any money borrowed or deemed to have been borrowed by the Corporation from the 1818. Subs, by Act No. 67 of 1993 (w.e.f. 1-10-1993). [Central Government or the Government] or any interest or costs due in respect thereof be not repaid according to the conditions of the loan, 1818. Subs, by Act No. 67 of 1993 (w.e.f. 1-10-1993). [ Central Government or the Government] may attach the Municipal Fund or any part thereof.
(2) After such attachment no person except an officer appointed in this behalf by the Central Government shall in any way deal with the attached fund; but such officer may do all acts in respect thereof which any municipal authority, officer or other employee might have done if such attachment had not taken place, and may apply the proceeds in satisfaction of the arrears and of all interests and costs due in respect thereof and of all expenses caused by the attac
The Corporation may make regulations to carry out the purposes of this Chapter including, in particulars, the issue of duplicates in case of loss of debentures by theft, destruction or otherwise, and renewal of debentures on payment of fees prescribed in this behalf by such regulations.
The Corporation shall, for the purpose of this Act, have power to acquire and hold movable and immovable property, or any interest therein.
Whenever the Corporation decides to acquire any immovable property for the purpose of this Act, the Commissioner shall acquire such property on behalf of the Corporation by agreement on such terms and at such price as may be approved by the Standing Committee.
Whenever the Commissioner is unable to acquire any immovable property under Section 198 by agreement, the Central Government may at the request of the Commissioner procure the acquisition thereof under the provisions of the Land Acquisition Act, 1894 (1 of 1894), and on payment by the Corporation of the compensation awarded under that Act and of the charges incurred by the Government in connection with the proceedings, the land shall vest in the Corporation.
With respect to the disposal of property belonging to the Corporation, the following provisions shall have effect, namely:-
(a) the Commissioner may, in his discretion, dispose of, by sale or otherwise, any movable property belonging to the Corporation not exceeding in value in each instance one thousand rupees, or such higher amount as the Corporation may prescribe, or let out on hire any movable property or grant a lease of any immovable property belonging to the Corporation, including any right of gathering and taking fruits and the like, for a period not exceeding one year at a time;
(b) the Commissioner may, with the sanction of the Standing Committee,-
(i) dispose of, by sale or otherwise, any movable property belonging to the Corporation the value of which does not exceed five thousan
Subject to the provisions of Sections 202 and 203 the Corporation shall be competent to enter into and perform any contract necessary for the purposes of this Act.
With respect to the making of contracts, the following provisions shall have effect, namely:-
(a) every such contract shall be made on behalf of the Corporation by the Commissioner;
(b) no such contract, for any purpose which in accordance with any provision of this Act the Commissioner may not carry out without the approval or sanction of the Corporation or some other municipal authority shall be made by him until and unless such approval or sanction has been duly obtained;
1919. Subs, by Act No. 67 of 1993 (w.e.f. 1-10-1993).
[(c) no contract which will involve an expenditure exceeding ten lakh rupees or such higher amount as the Central Government may from time to tune fix, shall be made by the Commissioner unless the same is previously approve
(1) The mode of executing contracts under this Act shall be prescribed by bye-laws made in this behalf.
(2) No contract which is not made in accordance with the provisions of this Act and bye-laws made thereunder shall be binding on the Corporation.
[. -There shall be kept in such manner and in such form as may be prescribed by regulations the General Accounts of all receipts and expenditures of the Corporation.]
(1) The Municipal Chief Auditor shall conduct a monthly examination and audit of the municipal accounts and shall report thereon to the Standing Committee which shall publish monthly an abstract of the receipts and expenditure of the month last preceding, signed by not less than two members of that Committee and by the Municipal Chief Auditor.
(2) The Standing Committee may also from time to time and for such period as it thinks fit conduct independently any examination and audit of the municipal accounts.
(3) For the purpose of examination and audit of the municipal accounts the Standing Committee and the Municipal Chief Auditor shall have access to all the municipal accounts and to all records and correspondence relating thereto and the Commissioner shall forthwith furnish to the standing Committee or the Municipal Chief Auditor any ex
(1) The Municipal Chief Auditor shall-
(a) report to the Standing Committee any material impropriety or irregularity which he may at any time observe in the expenditure or in the recovery of moneys due to the Corporation or in the municipal accounts;
(b) furnish to the Standing Committee such information as that Committee may from time to time require concerning the progress of the audit.
(2) The Standing Committee shall cause to be laid before the Corporation every report made by the Municipal Chief Auditor to the Standing Committee and every statement of the views of the Municipal Chief Auditor on any matter affecting the exercise and performance of the powers and duties assigned to him under this Act which the Municipal Chief Auditor may require the Standing Committee to place before the C
(1) The 2222. Omitted by Act No. 67 of 1993 (w.e.f. 1-10-1993). [* * *] Government may at any time appoint an auditor for the purpose of making a special audit 2222. Omitted by Act No. 67 of 1993 (w.e.f. 1-10-1993). [of the General Account] of the Municipal Fund and reporting thereon to the 2222. Omitted by Act No. 67 of 1993 (w.e.f. 1-10-1993). [* * *] Government and the costs of such audit as determined by the 2222. Omitted by Act No. 67 of 1993 (w.e.f. 1-10-1993). [* * * ] Government shall be chargeable to the Municipal fund.
(2) An auditor so appointed may exercise any power which the Municipal Chief Auditor may exercise.
(1) The Municipal Chief Auditor shall audit the accounts of the Corporation with the assistance of officers and other employees subordinate to him.
(2) In the discharge of his functions under this section the Municipal Chief Auditor shall-
(a) audit the accounts of expenditure from the revenue of the Corporation, expenditure on account of loan works and expenditure incurred out of special funds and shall ascertain whether moneys shown therein as having been disbursed were legally available for, and applicable to, the service or purpose to which they have been applied or charged, and whether the expenditure conforms to the authority which governs it;
(b) audit the accounts of debts, deposits, sinking funds, advances, suspense and remittance transactions of the Corporation and report upon those
(1) The Municipal Chief Auditor may make such queries and observations in relation to any of the accounts of the Corporation which he is required to audit and call for such vouchers, statements, returns and explanations in relation to such accounts as he may think fit.
(2) Every such query or observations as aforesaid shall be promptly taken into consideration by the officer or authority to whom it may be addressed and returned without
(3) The powers of the Municipal Chief Auditor with regard to the disapproval of, and the procedure with regard to the settlement of objections to, expenditure from the revenue of the Corporation shall be such as may be prescribed by the Standing Committee in consultation with the Municipal Chief Auditor and with the approval of the Corporation.
(4) If the Munic
(1) All streets within Delhi which are or at any time become public streets, and the pavements, stones and other materials thereof shall vest in the Corporation:
Provided that no public street which immediately before the commencement of tins Act vested in the Union shall, unless the Central Government with the consent of the Corporation so directs, vest in the Corporation by virtue of this sub-section.
(2) All public streets vesting in the Corporation shall be under the control of the Commissioner and shall be maintained, controlled and regulated by him in accordance with the bye-laws made in this behalf.
2525. Ins. by Act No. 67 of!993 (w.e.f. 1-10-1993).
[(3) Notwithstanding anything contained in sub-sections (1) and (2), the Central Government
(1) The Commissioner shall, from time to time, cause all public streets vested in the Corporation to be \evetted, metalled or paved, channelled, altered or repaired, and may widen, extend or otherwise improve any such street or cause the soil thereof to be raised, lowered or altered or may place and keep in repair fences and posts for the safety of foot-passenger:
Provided that no widening, extension or other improvement of a public street, the aggregate cost of which will exceed five thousand rupees, shall be undertaken by the Commissioner except with the previous sanction of the Corporation.
(2) With the previous sanction of the Corporation the Commissioner may permanently close the whole or any part of a public street:
Provided that before according such sanction the Corporation shall by
Whenever any public street or a part thereof is permanently closed under sub- section (2) of Section 299 the side of such street or of the portion thereof may be disposed of as land vesting in the Corporation.
The Commissioner may at any time with the previous sanction of the Corporation,
(a) lay out and make new public streets;
(b) construct bridges and subways;
(c) turn or divert any existing public street; and
(d) lay down and determine the position and direction of a street or streets in any part of Delhi notwithstanding that no proposal for the erection of any building in the vicinity has been received.
The Commissioner shall, from time to time, with the sanction of the Standing Committee, specify the minimum width of different classes of new public streets according to the nature of the traffic likely to be carried thereon, and the streets with which they join at one or both ends, the localities in which they are situated, the heights up to which buildings abutting thereon may be erected and other similar considerations.
(1) The Commissioner may,
(a) prohibit vehicular traffic in any public street or any portion thereof so as to prevent danger, obstruction or inconvenience to the public or to ensure quietness in any locality;
(b) prohibit in respect of all public streets, or any particular public street, the transit of any vehicle of such form, construction, weight or size or laden with such heavy or unwieldy objects as may be likely to cause injury to the roadways or any construction thereon, except under such conditions as to time, mode of traction or locomotion, use of appliances for the protection of roadways, number of lights and assistants and other general precautions and upon the payment of such charges as may be specified by the Commissioner generally or specially in each case;
(c) prohibit access to
Subject to the provisions contained in Chapter X the Commissioner may-
(a) acquire any land required for the purpose of opening, widening, extending or otherwise improving any public street or of making any new public street, and any building standing upon such land;
(b) acquire in relation to any such land or building, all such land with buildings, if any, thereon as the Corporation may think expedient to acquire outside of the regular line, or of the intended regular line, or of the intended regular line, of such street;
(c) acquire any land for the purpose of laying out or making a public parking place.
(1) The Commissioner may define a line on one or both sides of any public street in accordance with the bye-laws made in this behalf and may; with the previous sanction of the Corporation, redefine at any time any such regular line:
Provided that, before according sanction the Corporation shall by public notice afford reasonable opportunity to the residents of premises abutting on such public street to make suggestions or objections with respect to the proposed redefined line of the street and shall consider all such suggestions or objections which may be made within one month from the date of the publication of the said notice:
Provided further that the regular line of any public street operative under any law in force in any part of Delhi immediately before the commencement of this Act shall be deemed to be a line defined by the Commi
(1) If any part of a building abutting on a public street is within the regular line of that street, the Commissioner may, whenever it is proposed-
(a) to repair, rebuild or construct such building or to take down such building to an extent exceeding one-half thereof above the ground level, such half to be measured in cubic feet; or
(b) to repair, remove, construct or reconstruct or make any additions to, or structural alterations of, any portion of such building to be set back to the regular line of the street, by any order which he issues concerning the additions to, rebuilding construction, repair or alterations of, such building, require such building to be set back to the regular line of the street.
(2) When any building or any part thereof within the regular line of a public street fall
(1) Where any building or any part thereof is within the regular line of a public street and in the opinion of the Commissioner it is necessary to set back the building or part thereof to the regular line of the street he may, by notice served on the owner in accordance with the provisions of this Act, require him to show cause within such period as may be specified in the notice as to why such building or part thereof which is within the regular line of the street should not be pulled down and the land within the regular line acquired by the Commissioner on behalf of the Corporation.
(2) If such owner fails to show cause as required by sub-section (1) the Commissioner may, with the approval of the Standing Committee, require the owner by another notice to be served on him in accordance with the provisions of this Act, to pull down the building or part thereof which is within the r
If any land, whether open or enclosed, not vesting in the Corporation and not occupied by any building is within the regular line of a public street or if a platform, verandah, step, compound wall, hedge or fence or some other structure external to a building abutting on a public street or a portion of such platform, verandah, step, compound wall, hedge, fence or other structure is within the regular line of such street the Commissioner may, after giving to the owner of the land or building not less than seven clear days notice of his intention so to do, take possession on behalf of the Corporation of the said land with its enclosing wall, hedge, fence, if any, or of the said platform, verandah, step, compound wall, hedge, fence, or other structure of any portion thereof which is within the regular line of the public street and, if necessary, clear the same and the land so acquired shall thereupon be deemed to be a part of th
(1) Where a land or building is partly within the regular line of a public street and the Commissioner is satisfied that the land remaining after the excision of the portion within the said line will not be suitable or fit for any beneficial use, he may, at the request of the owner, acquire such land in addition to the land within the said line and such surplus land shall be deemed to be a part of the public street and shall vest in the Corporation.
(2) Such surplus land may thereafter be utilized for the purpose of setting forward a building under Section 310.
The Commissioner may, upon such terms as he thinks fit, allow any building to be set forward for the purpose of improving the regular line of a public street and may, with the sanction of the Standing Committee, by notice require any building to be so set forward in the case of reconstruction thereof or of a new construction.
Explanation.-for the purpose of this section a wall separating any premises from a public street shall be deemed to be a building and it shall be deemed as sufficient compliance with permission or requisition to set forward a building to the regular line of a street if a wall of such material and dimensions as are approved by the Commissioner is erected along the said line.
(1) Compensation to be paid by the Commissioner to the owner of any building or land acquired for a public street under the provisions of Sections 306, 307 and 308 for any loss which such owner may sustain in consequences of his building or land being so acquired and for any expense incurred by such owner in consequence of any order made by the Commissioner:
Provided that-
(a) any increase or decrease in the value of the remainder of the property of which the building or land so acquired formed part, likely to accrue from the setting back to the regular line of the street shall be taken into consideration and allowed for in determining the amount of such compensation;
(b) if any such increase in the value exceeds the amount of loss sustained or expenses incurred by the owner, the Commissione
If the owner of any land utilizes, sells, leases out or otherwise disposes of such land for the construction of buildings thereon he shall lay down and make a street or streets giving access to the plots into which the land may be divided and connecting with an existing public or private street.
(1) Before utilizing, selling or otherwise dealing with any land under Section 312, the owner thereof shall send to the Commissioner a written application with a layout plan of the land showing the following particulars, namely.-
(a) the plots into which the land is proposed to be divided for the erection of buildings thereon and the purpose or purposes for which such buildings are to be used;
(b) the reservation or allotment of any site for any street, open space, park, recreation ground, school, market or any other public purpose;
(c) the intended level, direction and width of street of streets;
(d) the regular line of streets or streets;
(e) the arrangements to be made for levelling, paving, metalling
(1) If any person lays out or makes any street referred to in Section 313, without or otherwise than in conformity with the orders of the Standing Committee, the Commissioner may, whether or not the offender be prosecuted under this Act, by notice-
(a) require the offender to show cause by a written statement signed by him and sent to the Commissioner on or before such date as may be specified in the notice, why such street should not be altered to the satisfaction of the Commissioner or if such alteration be impracticable, why such street should not be demolished; or
(b) require the offender to appear before the Commissioner either personally or by a duly authorised agent on such day and at such time and place as may be specified in the notice and show cause as aforesaid.
(2) If any person o
(1) If any private street or part thereof is not levelled, paved, metalled, flagged, channelled, sewered, drained, conserved or lighted to the satisfaction of the Commissioner, he may by notice require the owners of such street or part and the owners of the lands and buildings fronting or abutting on such street or part to carry out any work which in his opinion may be necessary, and within such time as may be specified in such notice.
(2) If such work is not carried out within the time specified in the notice, the Commissioner may, if he thinks fit, execute it and the expenses incurred shall be paid by the owners referred to in sub-section (1) in such proportion as may be determined by the Commissioner and shall be recoverable from them as an arrear of tax under this Act.
If any street has been levelled, paved, metalled, flagged, channelled, sewered, drained, conserved and lighted under the provisions of Section 315, the Commissioner may, and on the requisition of a majority of the owners referred to in sub-section (1) of that section shall, declare such a street to be a public street and thereupon the street shall vest in the Corporation.
(1) Except as provided in Section 318, no person shall erect, set up, add to, or place against or in front of any premises any structure or fixture which will
(a) overhang, jut or project into, or in any way encroach upon, and obstruct in any way the safe or convenient passage of the public along any street, or
(b) jut or project into or encroach upon any drain or open channel in any street so as in any way to interfere with the use or proper working of such drain or channel or to impede the inspection or cleansing thereof.
(2) The Commissioner may by notice require the owner or occupier of any premises to remove, or to take such other action as he may direct in relation to, any structure or fixture which has been erected, set up, added to or placed against, or in front of, the said premises
(1) The Commissioner may give a written permission, on such terms and on payment of such fee as he in each case thinks fit, to the owner or occupier of the building abutting on any street-
(a) to erect an arcade over such street or any portion thereof; or
(b) to put up a verandah, balcony, arch connecting passage, sun-shade, weather-frame, canopy, awning or other such structure or thing projecting from any storey over or across any street or portion thereof:
Provided that no permission shall be given by the Commissioner for the erection of an arcade in any public street in which construction of an arcade has not been generally sanctioned by the Corporation.
(2) The Commissioner may at any time by notice require the owner or occupier of any buildin
The Commissioner may at any time by notice require the owner of any premises on the ground floor of which any door, gate, bar or window opens outwards upon a street or upon any land required for the improvement of a street in such manner, as in the opinion of the Commissioner, to obstruct the safe or convenient passage of the public along such street, to have the said door, gate, bar or window altered so as not to open outwards.
(1)No person shall, except with the permission of the Commissioner granted in this behalf, erect or set up any wall, fence, rail, post, step, booth or other structure whether fixed or movable or whether of a permanent or temporary nature, or any fixture in or upon any street or upon or over any open channel, drain, well or tank in any street so as to form an obstruction to, or an encroachment upon, or a projection over, or to occupy any portion of such street, channel, drain, well or tank.
(2) Nothing in this section shall apply to any erection or thing to which clause (c) of sub-section (1) of Section 325 applies.
(1) No person shall, except with the permission of the Commissioner and on payment of such fee as he in each case thinks fit, place or deposit upon any street, or upon any open channel, drain or well in any street or upon any stall, chair bench, box, ladder, bale or other thing whatsoever so as to form an obstruction thereto or encroachment thereon.
(2) Nothing in sub-section (1) applies to building materials.
The Commissioner may, without notice, cause to be removed-
(a) any stall, char, bench, box, ladder, bale or other thing whatsoever, placed, deposited, projected, attached or suspended in, upon, from or to any place in contravention of this Act;
(b) any article whatsoever hawked or exposed for sale on any public street or in other public place in contravention of this Act and any vehicle, package, box or any other thing in or on which such article is placed.
(1) No person shall tether any animal or cause or permit the same to be tethered in any public street.
(2) No person shall milk or cause or permit to be milked any cow or buffalo in any street.
(3) Any animal tethered or any cow or buffalo found being milked as aforesaid in any street may be removed by the Commissioner or any municipal officer or employee and be impounded and dealt with under the provisions of the Cattle-trespass Act, 1871 (1 of 1871).
any premises vested in the Corporation-
(a) cause the same to be fenced and guarded.
(b) take proper precautions against accident by shoring up and protecting the adjoining buildings;
(c) cause such bars, chains or posts to be fixed across or in any street in which any such work of construction or repair is under execution as are necessary in order to prevent the passage of vehicles or animals and avert danger.
(2) The Commissioner shall cause such street, drain or premises to be sufficiently lighted or guarded during night while under construction or repair.
(3) The Commissioner shall, with all reasonable speed, cause the said work to be completed, the ground to be filled in, the street, drain or premis
(1) No person other than the Commissioner or a municipal officer or other municipal employee shall, without the written permission of the Commissioner
(a) open, break up, displace, take up or make any alteration in, or cause any injury to the soil or pavement or any wall, fence, post, chain or other material or thing forming part of any street; or
(b) deposit any building materials in any street; or
(c) set up in any street any scaffold or any temporary erection for the purpose of any work whatever, or any posts, bars, rails, boards or other things by way of an enclosure, for the purpose of making mortar or depositing bricks, lime, rubbish or other materials.
(2) Any permission granted under clause (b) or clause (c) of sub-section (1) shall be term
(1) Any of the things caused to be removed by the Commissioner under this Chapter shall, unless the owner thereof turns up to take back such things and pays to the Commissioner the charges for the removal and storage of such things, be disposed of by the Commissioner by public auction or in such other manner and within such time as the Commissioner thinks fit.
(2) The charges for removal and storage of the thing sold under sub-section (1) shall be paid out of the proceeds of the sale thereof and the balance, if any, shall be paid to the owner of the thing sold on a claim being made therefor within a period of one year from the date of sale, and if no such claim is made within the said period, shall be credited to the Municipal Fund.
(1) The Commissioner may-
(a) with the sanction of the Corporation, determine the name or number by which any street or public place vested in the Corporation shall be known;
(b) cause to be put up or painted at a conspicuous part of any building, wall or place at or near each end, comer or entrance of such street or on some convenient part of such street, the name or number by which it is to be known;
(c) cause to be put up or painted on boards of suitable size the name of any public place vested in the Corporation;
(d) determine the number or sub-number by which any premises or part of such premises shall be known and cause such number or sub-number to be fixed to the side or outer door of such premises or to some place at the entrance of the enc
(1)If any place is, in the opinion of the Commissioner, for want of sufficient repair or protection or enclosure, or owing to some work being carried on thereupon, dangerous or causing inconvenience to passengers along a street or to other persons including the owner or occupier of the said place, who have legal access thereto or to the neighbourhood thereof, the Commissioner may by notice in writing require the owner or occupier of such place to repair, protect or enclose the same or take such other step as shall appear to the Commissioner necessary in order to prevent the danger or inconvenience arising therefrom.
(2) The Commissioner may before giving any such notice or before the period of any such notice has expired, take such temporary measures as he thinks fit to prevent the danger or inconvenience arising therefrom; and any expense incurred by the Commissioner in taking suc
The Commissioner shall-
(a) take measures for lighting in a suitable manner all such public streets and public places as may be specified by the Standing Committee;
(b) procure, erect and maintain such number of lamps, lamp-posts and other appurtenances as may be necessary for the said purpose;
(c) cause such lamps to be lighted by means of oil, electricity or such other light as the Standing Committee may determine.
(1) No person shall, without lawful authority, take away or wilfully or negligently break or throw down or damage-
(a) any lamp or any appurtenance of any lamp or lamp-post or lamp iron set up in any public street or any public place;
(b) any electric wire for lighting such lamp;
(c) any post, pole, standard, stay, strut, bracket or other contrivance for carrying, suspending or supporting any electric wire or lamp.
(2) No person shall wilfully or negligently extinguish the light of any lamp set up in any public street or any public place.
(3) If any person wilfully or through negligence or accident breaks, or causes any damage to any of the things described in sub-section (1), he shall in addition to any
[. 2626. Ins.by Act No. 67 of 1993 (w.e.f. 1-10-1993). .-Notwithstanding anything contained in any other provision of this Act, the Commissioner shall exercise his powers and discharge his functions under this Chapter, under the general superintendence, direction and control of the Central Government.]
In this Chapter, unless the context otherwise requires, the expression "to erect a building" means-
(a) to erect a new building on any site whether previously built upon or not;
(b) to re-erect-
(i) any building of which more than one-half of the cubical contents above the level of the plinth have been pulled down, burnt or destroyed, or
(ii) any building of which more than one-half of the superficial area of the external walls above the level of the plinth has been pulled down, or
(iii) any frame building of which more than half of the number of the posts or beams in the external walls have been pulled down;
(c) to convert into a dwelling-house any building
No person shall erect or commence to erect any building or execute any of the works specified in Section 334 except with the previous sanction of the Commissioner, not otherwise than in accordance with the provisions of this Chapter and of the bye-laws made under this Act in relation to the erection of the buildings or execution of works.
(1) Every person who intends to erect a building shall apply for sanction by giving notice in writing of his intention to the Commissioner in such form and containg such information as may be prescribed by bye-laws made in this behalf.
(2) Every such notice shall be accompanied by such documents and plans as may be so prescribed.
(1) Every person who intends to execute any of the following works, that is to say,-
(a) to make any addition to a building;
(b) to make any alteration or repairs to a building involving the removal or re-erection of any external or partly wall thereof or of any wall which supports the roofs thereof to an extent exceeding one-half of such wall above the plinth level, such half to be measured in superficial feet;
(c) to make any alteration or repairs to a frame building involving the removal or re-erection of more that one-half of the posts in any such wall thereof as aforesaid; or involving the removal or re-erection of any such wall thereof as aforesaid to an extent exceeding one-half of such wall above plinth level, such half to be measured in superficial feet;
&n
(1) A person giving the notice required by Section 333 shall specify the purpose for which it is intended to use the building to which such notice relates; and a person giving the notice required by Section 334 shall specify whether the purpose for which the building is being used is proposed or likely to be changed by the execution of the proposed work.
(2) No notice shall be valid until the information required under sub-section (1) and any further information and plans which may be required by bye-laws made in this behalf have been furnished to the satisfaction of the Commissioner along with the notice.
(1) The Commissioner shall sanction the erection of a building or the execution of a work unless such building or work would contravene any of the provisions of sub-section (2) of this section or the provisions of Section 340.
(2) The grounds on which the sanction of a building or work may be refused shall be the following, namely:-
(a) that the building or work or the use of the site for the building or work or any of the particulars comprised in the site plan, ground plan, elevation, section or specification would contravene the provisions of any bye-law made in this behalf or of any other law or rule, bye-law or order made under such other law;
(b) that the notice for sanction does not contain the particulars or is not prepared in the manner required under the bye-laws made in this behalf;
(1) Where within a period of sixty days, or in cases falling under clause (b) of Section 331 within a period of thirty days, after the receipts of any notice under Section 333 or Section 334 or of the further information, if any, required under Section 335 the Commissioner does not refuse to sanction the building or work or upon refusal does not communicate the refusal to the person who has given the notice, the commissioner shall be deemed to have accorded sanction to the building or work and the person by whom the notice has been given shall be free to commence and proceed with the building or work in accordance with his intention as expressed in the notice and the documents and plans accompanying the same:
Provided that if it appears to the Commissioner that the site of the proposed building or work is likely to be affected by any scheme of acquisition of land for any public pu
If at any time after the sanction of any building or work has been accorded, the Commissioner is satisfied that such sanction was accorded in consequence of any material mis-presentation or fraudulent statement contained in the notice given or information further under Sections 333, 334 and 335, he may by order in writing cancel for reasons to be recorded such sanction and any building or work commenced, erected or done shall be deemed to have been commenced, erected or done without such sanction:
Provided that before making any such order the Commissioner shall give reasonable opportunity to the person affected as to why such order should not be made.
The Commissioner may require any building intended to be erected at the corner of two streets to be rounded off or splayed or cut off to such height and to such extent as he may determine, and may acquire such portion of the site at the corner as he may consider necessary for public convenience or amenity.
(1) The erection of any building on either side of a new street may be refused by the Commissioner unless and until such new street has been levelled, and wherever in the opinion of the Corporation practicable, metalled or paved, drained, lighted and laid with a water-main to his satisfaction.
(2) The erection of any such building or the execution of any such work may be refused by the Commissioner if such building or any portion thereof or such work comes within the regular line of any street, the position and direction of which has been laid down by the Commissioner but which has not been actually constructed or if such building or any portion thereof or such work is in contravention of any building or any other scheme or plan prepared under this Act or any other law for the time being in force.
The Commissioner when sanctioning the erection of a building or execution of a work, shall specify a reasonable period after the commencement of the building or work within which the building or work is to be completed and if the building or work is not completed within the period so specified, it shall not be continued thereafter without fresh sanction obtained in the manner hereinbefore provided, unless the Commissioner on application made therefor has allowed an extension of that period.
In such areas as may be specified by bye-laws made in this behalf, no roof, verandah, pandal or wall of a building or no shed or fence shall be constructed or reconstructed or cloth, grass leaves, mats or other inflammable materials except with the written permission of the Commissioner, nor shall any such roof, verandah, pandal, wall, shed or fence constructed or reconstructed in any year be retained in a subsequent year except with fresh permission obtained in this behalf.
(1) Where the erection of any building or execution of any work has been commenced, or is being carried on, or has been completed without or contrary to the sanction referred to in Section 336 or in contravention of any condition subject to which such sanction has been accorded or in contravention of any of the provisions of this Act or bye-laws made thereunder, the Commissioner may, in addition to any other action that may be taken under this Act, make an order directing that such erection or work shall be demolished by the person at whose instance the erection or work has been commenced or is being carried on or has been completed, within such period (not being less than five days and more than fifteen days from the date on which a copy of the order of demoition with a brief statement of the reasons therefor has been delivered to that person), as may be, specified in the order of demolition:
&nbs
Section 343 of the Delhi Municipal Corporation Act, 1957, confers powers upon the Municipal Commissioner to order the demolition or stoppage of unauthorized constructions and provides a framework for issuing notices, conducting proceedings, and appeals. It plays a crucial role in maintaining urban planning and building norms in Delhi by regulating unauthorized or illegal constructions.
Section 343 empowers the Municipal Commissioner to:- Issue demolition or stoppage orders against unauthorized constructions.- Serve notices to the persons responsible for such constructions.- Provide a reasonable opportunity to show cause before demolition.- Facilitate appeals against demolition orders.- Prescribe the manner of service of notices.- Outline penalties for contravention of the provisions.
The key ingredients of Section 343 include:- Authority of the Commissioner to order demolition or stoppage.- Requirement of serving a notice in a manner deemed fit by the Commissioner.- The notice must afford a reasonable opportunity to the person concerned.- The order must specify the nature of unauthorized construction.- The right of appeal against demolition orders.- The procedure for service of notices, including modes like personal delivery, post, or other means.
The scope covers:- Unauthorized constructions in violation of sanctioned plans or building bye-laws.- Orders for demolition or stopping work issued after notice.- Service of notices on the person responsible for the construction.- The right to appeal against such orders.- The jurisdiction of courts to entertain suits challenging demolition orders, subject to statutory restrictions.- The authority of the Municipal Commissioner and the limits of delegation.
While Section 343 itself primarily deals with demolition orders, penalties for contravention include:- Imprisonment for up to three months for failure to comply with demolition or stoppage orders.- Fine or other penalties as prescribed under the Act.- Penalties aim to deter unauthorized construction and ensure compliance with building norms.
Section 343 of the Delhi Municipal Corporation Act, 1957, is a vital statutory provision aimed at regulating unauthorized constructions through a structured process involving notice, opportunity to be heard, and appeal. Strict adherence to procedural requirements, especially service of notices, is essential for the validity of demolition orders. Courts have consistently emphasized that violations of natural justice, procedural irregularities, or jurisdictional errors render such orders liable to be set aside, safeguarding property owners' rights against arbitrary actions.
Note: The references in square brackets correspond to the sources provided, indicating the case law or commentary supporting each point.
(1) Where the erection of any building or execution of any work has been commenced or is being carried on (but has not been completed) without or contrary to the sanction referred to in Section 336 or in contravention of any condition subject to which such sanction has been accorded or in contravention of any provisions of this Act or bye-laws made thereunder, the Commissioner may in addition to any other action that may be taken under this Act, by order require the person at whose instance the building or the work has been commenced or is being carried on to stop the same forthwith.
(2) 27B27B. Subs, by Act No.42 of 1961, S.7 for the words "If such order is not complied with forthwith" (w.e.f. 10-9-1961). [If an order made by the Commissioner under Section 343 or under sub-section (1) of this section directing any person to stop the erection of any building or execution of any wor
Section 344 of the Delhi Municipal Corporation Act, 1957, provides the legal framework for the order of stoppage and demolition of unauthorized constructions or works that violate building laws, sanctioned plans, or municipal regulations in Delhi. It aims to regulate urban development, prevent illegal constructions, and ensure adherence to approved building norms.
Section 344 empowers the Commissioner to order the stoppage of construction or execution of any work that has commenced or is being carried out without proper sanction or in violation of sanctioned plans. It also authorizes the order of demolition of unauthorized structures. The section specifies that such orders can be challenged only through appeals to the Appellate Tribunal and explicitly bars courts from entertaining suits or applications against these orders.
While Section 344 itself does not specify penalties, violations of orders issued under this section, such as ignoring stoppage or demolition notices, can lead to penalties under the broader provisions of the Delhi Municipal Corporation Act. Penalties include fines, imprisonment, or both, for contravention of lawful orders, as per other sections like Section 344(2).
In summary, Section 344 of the Delhi Municipal Corporation Act, 1957, is a potent administrative tool designed for swift action against unauthorized constructions. While it emphasizes procedural correctness and provides for appeals, judicial scrutiny remains limited, especially due to the bar on courts entertaining suits. Ensuring proper notices, adherence to principles of natural justice, and specific orders are vital to uphold legality and prevent abuse.
(1) The Commissioner may at any time during the erection of any building or execution of any work or at any time 2929. Subs. by S.5, ibid.(w.e.f. 10-12-1985). [after the completion thereof by a written notice of not less than seven days] specify any matter in respect of which such erection or execution is without or contrary to the sanction referred to in Section 336 or is in contravention of any condition of such sanction or any of the provisions of this Act or any bye-laws made thereunder and require the person who gave the notice under Section 333 or Section 334 or the owner of such building or work either-
(a) to make such alterations as may be specified in the said notice with the object of bringing the building or work in conformity with the said sanction, condition or provisions, or
(b) to show cause why such alteration should no
Section 345 of the Delhi Municipal Corporation Act, 1957, empowers the Municipal Commissioner to regulate building activities, particularly in cases of unauthorized construction or misuse of land and buildings. It provides mechanisms for inspection, requiring alterations, and sealing unauthorized structures to uphold urban planning norms and statutory regulations.
Section 345 authorizes the Commissioner to:- Require the alteration of any building or work during its erection or after completion via written notice [Section 345].- Issue orders to stop unauthorized construction or misuse.- Seal unauthorized constructions under Section 345A.- Require the owner or person in charge to carry out necessary modifications to conform with approved plans.- Take action to prevent violations against the provisions of the Act and the Master Plan.
In conclusion, Section 345 of the Delhi Municipal Corporation Act, 1957, provides comprehensive powers to regulate, inspect, and enforce compliance against unauthorized constructions and misuse of land/buildings. These powers are exercised with procedural safeguards, including notices, opportunities to be heard, and appeals, ensuring a balance between regulatory enforcement and owners' rights. The courts have upheld these provisions, emphasizing adherence to legal procedures and the importance of urban planning and environmental conservation.
[. 3030. Ins.by Act No.42 of 1984, S.6 (w.e.f. 10-12-1985). .-
(1) It shall be lawful for the Commissioner, at any time, before or after making an order of demolition under Section 343 or of the stoppage of the erection of any building or execution of any work under Section 343 or under Section 344, to make an order directing the sealing of such erection or work or of the premises in which such erection or work is being carried on or has been completed in the manner prescribed by rules, for the purpose of carrying out the provisions of this Act, or for preventing any dispute as to the nature and extent of such erection or work.
(2) Where any erection or work or any premises in which any erection or work is being carried on, has or have been sealed, the Commissioner may, for the purpose of demolishing such erection or work in accordance
(1) Every person who employs a licensed architect or engineer or a person approved by the Commissioner to design or erect a building or execute any work shall, within one month after the completion of the erection of the building or execution of the work, deliver or send or cause to be delivered or sent to the Commissioner a notice in writing of such completion accompanied by a certificate in the form prescribed by bye-laws made in this be .f and shall give to the Commissioner all necessary facilities for the inspection of such building or work.
(2) No person shall occupy or permit to be occupied any such building or use or permit to be used any building or a part thereof affected by any such work until permission has been granted by the Commissioner in this behalf in accordance with bye-laws made under this Act:
Provided that if the Co
No person shall, without the written permission of the Commissioner, or otherwise than in conformity with the conditions, if any, of such permission-
(a) use or permit to be used for human habitation any part of a building not originally erected or authorised to be used for that purpose or not used for that purpose before any alteration has been made therein by any work executed in accordance with the provisions of this Act and the bye-laws made thereunder;
(b) change or allow the change of the use of any land or building;
(c) convert or allow the conversion of one kind of tenement into another kind.
[. 3131. Ins. by Act No.42 of 1984, S.7 (w.e.f. 10-12-1985). .-
(1) The Central Government shall, by notification in the Official Gazette, constitute one or more Appellate tribunals with headquarters at Delhi, for deciding appeals preferred under Section 343 or Section 347-B.
(2) An Appellate Tribunal shall consist of one person to be appointed by the Central Government on such terms and conditions of service as may be prescribed by rules.
(3) A person shall not be qualified for appointment as the presiding officer of an Appellate Tribunal unless he is, or has been, a district judge or an additional district judge or has, for at least ten years, held a judicial office in India.
(4) The Central Government may, if it so thinks fit, appoint on or more
Section 347(A) of the Delhi Municipal Corporation Act, 1957, establishes the constitution of an Appellate Tribunal to hear appeals against certain orders and notices issued under the Act. It aims to provide a specialized forum for adjudication of disputes related to municipal functions, ensuring judicial oversight and administrative accountability.
Section 347(A) mandates the Central Government to notify and constitute one or more Appellate Tribunals with headquarters at Delhi. These Tribunals are empowered to decide appeals preferred under Sections 343 and 347(B) of the Act, primarily concerning orders and notices issued by municipal authorities. The Tribunal shall consist of a presiding officer appointed by the Central Government, who must be or have been a District Judge or hold an equivalent judicial position.
Section 347(A) itself does not prescribe penalties. However, violations such as non-constitution of the Tribunal or exceeding jurisdiction can lead to judicial review, quashing of orders, or declarations of invalidity under the writ jurisdiction of the High Court. Administrative misconduct may attract disciplinary actions under other provisions of the Act or general service rules.
Section 347(A) of the Delhi Municipal Corporation Act, 1957, establishes a specialized Appellate Tribunal intended to streamline and judicialize appeals against administrative orders. Its constitution, scope, and functioning are designed to uphold the rule of law while respecting the administrative framework. However, its independence and proper adherence to judicial principles are paramount to ensure legitimacy and fairness in municipal governance.
Note: The references are based on the provided sources, particularly case law and authoritative judgments, which emphasize the constitutional and procedural aspects of the Tribunal's functioning under Section 347(A).
(1) Any person aggrieved by any of the following orders made or notices issued under this Act, may prefer an appeal against such order or notice to the Appellate Tribunal, namely:-
(a) an order according or disallowing sanction to a layout plan under Section 313;
(b) an order directing the alteration or demolition of any street under Section 314;
(c) a notice under sub-section (1) of Section 315;
(d) a notice under sub-section (2) of Section 317;
(e) an order directing the disposal of things removed under Chapter XV or seized under Section 334, or an order rejecting the claim of any person for the balance of the proceeds of sale of things so disposed of;
(f) a
(1) The Appellate Tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or annulling the order or notice appealed against or may refer the case back to the authority or officer against whose order or notice the appeal is filed, for a fresh order or notice, after taking additional evidence if necessary, or such other action as the Appellate Tribunal may specify.
(2) The Appellate Tribunal shall send a copy of every order passed by it to the parties to the appeal.
(3) NO Appellate Tribunal shall, in any appeal pending before it in respect of any order or notice under this Act, make an interim order (whether by way of injunction or stay) against the Corporation or against any officer or servant of the Corporation acting or purporting to act in hi
(1) An appeal shall lie to the Administrator against an order of the Appellate Tribunal, made in an appeal under Section 343 or Section 347-B, confirming, modifying or annulling an order made or notice issued under this Act.
(2) The provisions of sub-sections (2) and (3) of Section 347-B and Section 347-C and the rules made thereunder, shall, so far as may be, apply to the filing and disposal of an appeal under this section as they apply to the filing and disposal of an appeal under those sections.
(3) An order of the Administrator on an appeal under this section, and subject only to such order, an order of the Appellate Tribunal under Section 347-B, and subject to such orders of the Administrator or an Appellate Tribunal, an order or notice referred to in sub-section (1) of that section, shall be final.
(1) After the commencement of Section 7 of the Delhi Municipal Corporation (Amendment) Act, 1984, no court shall entertain any suit, application or other proceedings in respect of any order or notice appealable under Section 343 or Section 347-B and no such order or notice shall be called in question otherwise than by preferring an appeal under those sections.
(2) Notwithstanding anything contained in sub-section (1), every suit, application or other proceeding pending in any court immediately before the commencement of Section 7 of the Delhi Municipal Corporation (Amendment) Act, 1984, in respect of any order or notice appealable under Section 343 or Section 347-B, shall continue to be dealt with and disposed of by that court as if the said section had not been brought into force.]
(1) If it appears to the Commissioner at any time that any building is in a ruinous condition, or likely to fall, or in any way dangerous to any person occupying, resorting to or passing by such building or any other building or place in the neighbourhood of such building, the Commissioner may, by order in writing, require the owner or occupier of such building to demolish, secure or repair such building or do one or more of such things such period as may be specified in the order, so as to prevent all cause of danger therefrom.
(2) The Commissioner may also, it he thinks fit, require such owner or occupier by the said order either forthwith or before proceeding to demolish, secure or repair the building, to set up a proper and sufficient hoard or fence for the protection of passers-by and other persons, with a convenient platform and handrail wherever practicable to serve as a foo
(1) The Commissioner may by order in writing direct that any building which in his opinion is in a dangerous condition or is not provided with sufficient means of egress in case of fire or is occupied in contravention of Section 346 be vacated forthwith or within such period as may be specified in the order:
Provided that at the time of making such order the Commissioner shall record a brief statement of the reasons therefor.
(2) if any person fails to vacate the building in pursuance of such order the Commissioner may direct any police officer to remove such person from the building and the police officer shall comply with such direction accordingly.
(3) The Commissioner shall, on the application of any person who has vacated, or been removed from any building in pursuance of an order made b
[. 3232. Ins. by Act No.67 of 1993 (w.e.f. 1-10-1993). .-
(1) The Central Government may, by notification in the Official Gazette, make bye-laws for carrying out the provisions of this Chapter:
Provided that all bye-laws made by the Corporation under paragraph F of sub-section (1) of Section 481 of this Act as it stood immediately before the commencement of the Delhi Municipal Corporation (Amendment) Act, 1993 and in force immediately before such commencement, shall be deemed to have been made under the provisions of this section and shall continue to have the same force and effect after such commencement until it is amended, varied, rescinded or superseded under the provisions of this section.
(2) In particulars and without prejudice to the generality of the foregoing power, such bye-laws m
(1) For the purpose of securing the efficient scavenging and cleansing of all streets and premises, the Commissioner shall provide-
(a) for the daily surface-cleansing of all streets and the removal of the sweepings therefrom, and
(b) for the removal of the contents of all receptacles and depots and of the accumulations at all places provided or appointed by him under the provisions of this Act for the temporary deposit of rubbish, filth and other polluted and obnoxious matter.
(2) The Commissioner may, by public notice, issue directions as to the time at which, the manner in which, and the conditions subject to which, any matter referred to in subsection (1) may be removed along a street or may be deposited or otherwise disposed of.
All matters deposited in public receptacles, depots and places provided or appointed under Section 352 and all matters collected by municipal employees or contractors in pursuance of Section 350 and Section 355 shall be the property of the Corporation.
(1) The Commissioner shall
(a) provide or appoint in proper and convenient situations public receptacles, depots or places for the temporary deposit of rubbish, filth and other polluted and obnoxious matter and for the final disposal of rubbish, filth and other polluted and obnoxious matter;
(b) provide dustbins for the temporary deposit of rubbish;
(c) provide vehicles or other suitable means for the removal of rubbish and offensive matter; and
(d) provide covered vehicles or vessels for the removal of filth and other polluted and obnoxious matter.
(2) Different receptacles, depots or places may be provided or appointed for the temporary deposit or final disposal of any of the matter specified in sub-se
It shall be the duty of the owners and occupiers of all premises-
(a) to have the premises swept and cleaned;
(b) to cause all filth, rubbish and other polluted and obnoxious matter to be collected from their respective premises and to be deposited at such times as the Commissioner, by public notice prescribes, in public receptacles, deposits or places provided or appointed under Section 352 for the temporary deposit or final disposal thereof;
(c) to provide receptacles of the type and in the manner prescribed by the Commissioner for the collection therein of all filth, rubbish and other polluted and obnoxious matter from such premises and to keep such receptacles in good condition and repair.
It shall be the duty of the owner and occupier of every premises situated in any portion of Delhi [* * *] in which there is not a latrine, or urinal connected by a drain with a municipal drain, to cause all filth and polluted and obnoxious matter accumulating upon such premises to be collected and removed to the nearest receptacle or depot provided for this purpose under Section 352 at such times, in such vehicle or vessel by such route and with such precautions as the Commissioner may by public notice prescribe.
[(1) It shall be lawful for the Commissioner to take or cause to be taken measures for the daily collection, removal and disposals of all filth and polluted and obnoxious matters from latrines, urinals and cesspools not connected by a drain with a municipal drain from all premises situated in any portion of Delhi.]
(2) In such portion of Delhi and in any premises wherever situated in which there is a latrine, or urinal connected with a municipal drain, it shall not be lawful except with the written permission of the Commissioner, for any person who is not employed by or on behalf of the Commissioner, to discharge any of the duties of scavengers.
The Commissioner may, if he thinks fit,-
(a) by written notice require the owner or occupier of any premises used for carrying on any manufacture, trade or business or used as a factory, workshop, trade premises or market or in any way so that rubbish, filth and other polluted and obnoxious matter are accumulated in large quantities, to collect all such rubbish, filth and other polluted and obnoxious matter accumulating thereon and to remove the same at such times and in such carts or receptacles and by such routes as may be specified in the notice to a depot or place provided or appointed under Section 352, or
(b) after giving such owner or occupier notice of his intention, cause all rubbish, filth and other polluted and obnoxious matter accumulated in such premises to be removed, and charge the said owner or occupier for such removal
(1) No owner or occupier of any premises shall keep or allow to be kept for more than twenty-four hours or otherwise than in a receptacle approved by the Commissioner, any rubbish, filth and other polluted and obnoxious matter on such premises or any place belonging thereto or neglect to employ proper means to remove such rubbish, filth and other polluted and obnoxious matter from, or to cleanse, such receptacle and to dispose of such rubbish, filth and other polluted and obnoxious matter in the manner directed by the Commissioner, or fail to comply with any requisition of the Commissioner as to construction, repair, pavement or cleansing of any latrine, or urinal on or belonging to the premises.
(2) No owner or occupier shall allow the water of any sink, drain, latrine or urinal or any rubbish, filth and other polluted and obnoxious matter to run down on or to, or be thrown or put
If any premises are not properly and regularly scavenged or cleansed or are in a filthy and unwholesome condition, the Commissioner may cause them to be scavenged and cleansed and recover the expenses from the owner or, as the case may be, occupier as an arrear of tax under this Act.
(1) The Commissioner shall provide and maintain in proper and convenient places a sufficient number of public latrines and urinals.
(2) such public latrines and urinals shall be so constructed as to provide separate compartments for each sex and not to be a nuisance, and shall be provided with all necessary conservancy establishments, and shall regularly be cleansed and kept in proper order.
(1) It shall not be lawful to construct any. latrine or urinal for any premises except with the written permission of the Commissioner and in accordance with such terms not inconsistent with the provisions of this Act or any bye-laws made thereunder as he may prescribe.
(2) In prescribing any such terms the Commissioner may determine in such case- (a) whether the premises shall be served by the service system or by the flush system or partly by the one and partly by the other; and (b) what shall be the site or position of each latrine or urinal.
(3) If any latrine or urinal is constructed on any premises in contravention of the foregoing provisions, the Commissioner may, after giving not less than ten days notice to the owner or occupier of such premises, alter, reconstruct, close or demolish such latrine or urinal and the expenditure in
(1) It shall not be lawful to erect any building or execute any work on or in relation to such building without providing such latrine accommodation and urinal accommodation and accommodation for bathing or for washing clothes and utensils on each floor of such building as the Commissioner may prescribe.
(2) In prescribing any such accommodation the Commissioner may determine in each case-
(a) whether such building shall be served by the service system or by the flush system or partly by the one and partly by the other;
(b) what shall be the site or position of each latrine, urinal, bathing or washing place or site and their number on each floor and their clean internal dimensions.
(3) It shall not be lawful to erect a residential building composed
Every person employing workmen, labourers or other persons exceeding twenty in number shall provide and maintain for the separate use of persons of each sex so employed, latrines and urinals of such description and number as the Commissioner may by notice require and within such time as may be fixed in the notice and shall keep the same in clean and proper order.
The Commissioner may by notice require any owner or manager of a market, cart stand, cattle, shed, theatre, railway station and other place of public resort within such time as may be specified in such notice to provide and maintain for the separate use of persons of each sex, latrines of such description and number and in such position as may be specified and to keep and same in clean and proper order.
The Commissioner may, by written notice-
(a) require the owner or other person having the control of any private latrine or urinal not to put the same to public use; or
(b) require the owner or other person having the control of such private latrine or urinal which in the opinion of the Commissioner constitutes a nuisance, to remove the latrine or the urinal; or
(c) require any person having the control whether as owner, lessee or occupier of any land or building-
(i) to have any latrines provided for the same shut out by a sufficient roof, wall or fence from the view of persons passing by or dwelling in the neighbourhood; or
(ii) to cleanse in such manner as the Commissioner may prescribe in the notice
(1) Where it appears to the Commissioner that any block of buildings is in an unhealthy condition by reason of the manner in which the buildings are crowded together, or of the narrowness, closeness, or faulty arrangement of streets, or of the want of proper drainage and ventilation, or of the impracticability of cleansing the buildings or other similar cause, he shall cause the block to be inspected by the Municipal Health Officer and the Municipal Engineer who shall make a report in writing to him regarding the sanitary condition of the block.
(2) If upon receipt of such report the Commissioner considers that the sanitary condition of the block is likely to cause risk of disease to the inhabitants of the buildings or of the neighbourhood or otherwise to endanger the public health, he shall with the approval of the Standing Committee select the buildings which in his opinion shoul
(1) Where the Commissioner upon information in his possession is satisfied that any building is in any respect unfit for human habitation, he may, unless in his opinion the building is not capable at a reasonable expense of being rendered fit, serve upon the owner of the building a notice requiring him within such time not being less than thirty days as may be specified in the notice to execute the works of improvement specified therein and stating that in his opinion those works will render the building fit for human habitation.
(2) In addition to serving a notice under this section on the owner the Commissioner may serve a copy of the notice on any other person having an interest in the building whether as a lessee, mortgagee or otherwise.
(3) In determining whether a building can be rendered fit for human habitation at a reasonable ex
If a notice under Section 366 requiring the owner of the building to execute works of improvement is not complied with, then after the expiration of the time specified in the notice the Commissioner may himself do the works required to be done by the notice and recover the expenses incurred in connection therewith as an arrear of tax under this Act.
(1) Where the Commissioner upon any information in his possession is satisfied that any building is unfit for human habitation and is not capable at a reasonable expense of being rendered so fit he shall serve upon the owner of the building and upon any other person having an interest in the building, whether as a lessee, mortgagee or otherwise a notice to show cause within such time as may be specified in the notice as to why an order of demolition of the building should not be made.
(2) If any of the persons upon whom a notice has been served under sub-section (1) appears in pursuance thereof before the Commissioner and gives an undertaking to him that such person shall, within a period specified by the Commissioner, execute such works of improvement in relation to the building as will, in the opinion of the Commissioner, render the building fit for human habitation or an underta
Where the Commissioner upon any information in his possession is satisfied that any hut or shed used as a dwelling-house or as a stable or for any other purpose, is likely, by reason of its being constructed without a plinth or upon a plinth of insufficient height or without proper means of drainage or on account of the impracticability of scavenging and cleansing it or owing to the manner in which it and other huts or sheds are crowded together, to cause risk of disease to the inmates thereof or to the inhabitants of the neighbourhood, or is for any reason likely to endanger public health or safety, he may by notice in writing require the owner or occupier of the hut or shed or the owner or occupier of the land on which the hut or shed stands to remove or alter the hut or shed or carry out such improvement thereof as the Commissioner may deem necessary within such time as may be specified in the notice.
(1) The Commissioner may by public notice prohibit the washing of clothes by washermen in the exercise of their callings except at such places as he may appoint for the purpose.
(2) When any such prohibition has been made, no person who is by calling a washerman shall in contravention of such prohibition wash clothes except for himself or for personal and family service or for hire on or within the premises of the hirer, at any place other than a place appointed under sub-section (1).
Any person being in charge of, or in attendance, whether as a medical practitioner or otherwise, upon any person whom he knows or has reason to believe to be suffering from a dangerous disease, or being the owner, lessee, or occupier of any building in which he knows that any such person is so suffering shall forthwith give information respecting the existence of such disease to the Municipal Health Officer.
(1) When any person suffering from any dangerous disease is found to be
(a) without proper lodging or accommodation, or
(b) living in a room or house which he neither owns or pays rent for nor occupies as the guest or relative of any person who owns, or pays rent for it, or
(c) living in a sarai, hotel, boarding-house or other public hotel, or
(d) lodged in premises occupied by members of two or more families, the Commissioner or any person authorised by him in this behalf, may on the advice of any medical officer of the rank not inferior to that of an assistant surgeon remove the patient to any hospital or place at which persons suffering from such disease are received for medical treatment and may do anything necessary for such removal.
Where the Commissioner is of opinion that the cleansing and disinfection of any building or part of a building or of any articles in such building or part which are likely to retain infection, or the renewal of flooring of any building or part of such building, and the renewal of plastering of the walls thereof, would tend to prevent or check the spread of any dangerous disease; he may, by notice in writing, require the owner or occupier to cleanse and disinfect the said building part or articles, as the case may be or to renew the said flooring and if necessary, the said plastering also within such time as may be specified in the notice:
Provided that where in the opinion of the Commissioner the owner or occupier is from poverty or any other cause unable effectually to carry out any such requisition, the Commissioner may at the expense of the Municipal Fund cleanse and disinfect
(1) Where the destruction of any hut or shed is in the opinion of the Commissioner necessary to prevent the spread of any dangerous disease, the Commissioner may by notice in writing require the owner to destroy the hut or shed and the materials thereof within such time as may be specified in the notice.
(2) Where the Commissioner is satisfied that the destruction of any hut or shed is immediately necessary for the purpose of preventing the spread of any dangerous disease, he may order the owner or occupier of the hut or shed to destroy the same forthwith or may himself cause it to be destroyed after giving not less than six hours notice to the owner or occupier.
(3) Compensation may be paid by the Commissioner, in any case which he thinks fit, to any person who sustains substantial loss by the destruction of any such hut or shed, but, e
(1) The Commissioner shall-
(a) provide proper places with necessary attendants and apparatus for the disinfection of conveyances, clothing, bedding and other articles which have been exposed to infection;
(b) cause conveyances, clothing and other articles brought for disinfection to be disinfected either free of charge or on payment of such charges as he may fix.
(2) The Commissioner may notify places at which articles of clothing, bedding and conveyances or other articles which have been exposed to infection shall be washed and if he does so, no person shall wash any such thing at any place not so notified without having previously disinfected such thing.
(3) The Commissioner may direct the destruction of any clothing, bedding or other article li
(1) In the event of Delhi or any part thereof being vested or threatened by an outbreak of any dangerous disease among the inhabitants thereof or of any epidemic disease among any animals therein, the Commissioner, if he thinks that the other provisions of this Act and the provisions of any other law for the time being in force are insufficient for the purpose, may, with the previous sanction of the Corporation,
(a) take such special measures, and
(b) by public notice, give such directions to be observed by the public or by any class or section of the public, as he thinks necessary to prevent the outbreak or spread of the disease:
Provided that where in the opinion of the Commissioner immediate measures are necessary, he may take action without such sanction as aforesaid and if he does so, s
(1) A person shall not send or take to any washerman or to any laundry or place set apart for the exercise by washermen of their calling, for the purpose of being washed or to any place for the purpose of being cleansed, any cloth or other article which he knows to have been exposed to infection from a dangerous disease unless that cloth or article has been disinfected by or to the satisfaction of the Municipal Health Officer.
(2) The occupier of any building in which a person is suffering from a dangerous disease shall, if required by the Municipal Health Officer, furnish to him the address of any washerman to whom or any laundry or other place to which clothes and other articles from the building have been, or will be, sent during the continuance of the disease, for purpose of being washed or cleaned.
(1) Whoever-
(a) uses a public conveyance while suffering from a dangerous disease, or
(b) uses a public conveyance for the carriage of a person who is suffering from any disease, or
(c) uses a public conveyance for the carriage of the corpse of a person who has died from any such disease, shall be bound to take proper precautions against the communication of the disease to other persons using or who may thereafter use the conveyance and to notify such use to the owner, driver or person in charge of the conveyance, and further report without delay to the Commissioner the number of the conveyance and the name of the person so notified.
(2) Where any person suffering from, or the corpse of any person who has died from a dangerous disease has been car
Notwithstanding anything contained in any law for the time being in force no owner, driver or person in charge of a public conveyance shall be bound to convey or to allow to be conveyed in such conveyance in or in the vicinity of Delhi any person suffering from a dangerous disease or the corpse of any person who has died from such disease unless and until such person pays or tenders a sum sufficient to cover any loss and expenses which would ordinarily be incurred in disinfecting the conveyance.
(1) Where any building or part of a building is intended to be let in which any person has, within six weeks immediately preceding, been suffering from a dangerous disease, the person letting the building or part shall, before doing so, disinfect the same in such manner as the Commissioner may by general or special notice direct together with all articles therein liable to retain infection.
(2) For the purposes of this section the keeper of a hostel, lodging-house or sarai shall be deemed to let to any person who is admitted as a guest therein that part of the building in which such person is permitted to reside.
No person shall, without previous disinfection of the same, give, lend, sell, transmit or otherwise dispose of to another person any article or thing which he knows or has reason to believe has been exposed to contamination by any dangerous disease and is likely to be used in or taken into Delhi or any part thereof.
No person while suffering from, or in circumstances in which he is likely to spread, any dangerous disease, shall-
(a) make, carry or offer for sale or take any part in the business of making, carrying or offering for sale, any article of food or drink or any medicine or drug for human consumption, or any article of clothing or bedding for personal use or wear; or
(b) take any part in the business of the washing or carrying of clothes.
When Delhi or any part thereof is visited or threatened by an outbreak of any dangerous disease the Commissioner may, by public notice, restrict in such manner or prohibit for such period as may be specified in the notice, the sale or preparation of any article of food or drink for human consumption specified in the notice or the sale of any flesh of any description of animal so specified.
(1) If the Commissioner is of opinion that the water in any well, tank or other place, is likely, if used for drinking, to endanger, or cause the spread of, any disease, he may-
(a) by public notice, prohibit the removal or use of such water for drinking; or
(b) by notice in writing require the owner or person having control of such well, tank or place to take such steps as may be directed by the notice to prevent the public from having access to or using such water; or
(c) take such other steps as he may consider expedient to prevent the outbreak or spread of any such disease.
(2) In the event of Delhi or any part thereof being visited or threatened by an outbreak of a dangerous disease the Municipal Health Officer or any person authorised by him
No person shall,-
(a) knowing that he is suffering from a dangerous disease, expose other persons to the risk of infection by his presence or conduct in any public street or public place;
(b) having the care of a person whom he knows to be suffering from a dangerous disease, cause or permit that person to expose other persons to the risk of infection by his presence or conduct in any such street or place as aforesaid;
(c) place or cause to be placed in a dustbin or other receptacle for the deposit of rubbish, any matter which he knows to have been exposed to infection from a dangerous disease and which has not been disinfected properly;
(d) throw or cause to be thrown into any latrine or urinal any matter which he knows to have been exposed to infe
Where any person has died from any dangerous disease the Commissioner may, by notice in writing-
(a) require any person having charge of the corpse to convey the same to mortuary thereafter to be disposed of in accordance with law, or
(b) prohibit the removal of corpses from the place where death occurred except for the purpose of being burnt, buried or for being conveyed to a mortuary.
(1) No person being a sweeper employed by the Corporation shall in the absence of any contract authorising him so to do and without reasonable cause, resign his employment or absent himself from his duty without having given one months notice to the Commissioner or shall neglect or without reasonable cause refuse to perform his duties.
(2) The Corporation may by resolution direct that on or from such date as may be specified in the resolution, the provisions of this section shall apply in the case of any specified class of persons employed by the Corporation whose functions are intimately concerned with public health or safety.
No sweeper, being employed for doing house scavenging of any building shall discontinue to do such house scavenging without reasonable cause or without giving fourteen days notice to his employer.
The Commissioner may, by notice in writing, require the owner or person in charge of any burning or burial ground to supply such information as may be specified in the notice concerning the condition, management, or position of such ground.
(1) No place which has not been used as a burning or burial ground before the commencement of this Act shall be so used without the permission in writing of the Commissioner.
(2) Such permission may be granted subject to any conditions which the Commissioner may think fit to impose for the purpose of preventing any annoyance to, or danger to the health of, any persons residing in the neighbourhood.
(1) Where the Commissioner, after making or causing to be made local enquiry is of opinion that any burning or burial ground has become offensive to, or dangerous to the health of, persons residing in the neighbourhood, he may, with the previous sanction of the Standing Committee, by notice in writing, require the owner or person in charge of such ground to close the same from such date as may be specified in the notice.
(2) No corpse shall be burnt or buried at the burning or burial ground in respect of which a notice has been issued under this section.
(1) Whenever any animal in charge of any person dies, the person in charge thereof shall within twenty-four hours either-
(a) convey the carcass to a place provided or appointed under Section 352 for the final disposal of the carcasses of dead animals, or
(b) give notice of the death to the Commissioner whereupon he shall cause the carcass to be disposed of.
(2) In respect of the disposal of the carcass of a dead animal under clause (b) of sub-section (1) the Commissioner may charge such fee as he may by public notice prescribe.
(1) The Municipal Health Officer shall be the Chief Registrar of births and deaths for Delhi and shall keep in such form as my be prescribed by bye-laws a register of all births and deaths occurring in Delhi.
(2) The Commissioner shall for the purposes of this Chapter appoint such number of persons to be registrars of births and deaths as he deems necessary and define the respective areas which shall be under the charge of such registrars.
The registrar shall keep himself informed of every birth or death occurring within the area under his charge and shall ascertain and register as soon as conveniently may be after the event, and without fee or reward such particulars in respect of every birth or death as may be prescribed by bye-laws made in this behalf.
(1) It shall be the duty of the father or mother of every child born in Delhi and in default of the father or mother, of any relation of the child living in the same premises, and in default of such relation, of the person having charge for the child, to give to the best of his knowledge and belief to the registrar of the area concerned within eight days after such birth, information containing such particulars as may be prescribed by bye-laws made in this behalf.
(2) It shall be the duty of the nearest relation present at the time of the death or in attendance during the last illness of any person dying in Delhi and in default of such relation, of any person present or in attendance at the time of the death and of the occupier of the premises in which to his knowledge the death took place and in default of the person hereinbefore mentioned, of each inmate of such premises and of t
(1) No person shall-
(a) in any public street or public place-
(i) ease himself ; or
6363. Sub-clause (ii) and (iii) omitted by Act No. 52 of 1964, S. 3 and Sch. II. [* * *];
(iv) carry meat exposed to public view; or
(v) picket animals, or collect carts; or
(vi) being engaged in the removal of rubbish, filth or other polluted and obnoxious matter wilfully or negligently permit any portion thereof to spill or fall, or neglect to sweep away or otherwise effectually to remove any portion thereof which may spill or fall in such street or place; or
(vii) without proper authority affix, upon any building, monument, post
Where the Commissioner is of opinion that there is a nuisance on any land or building, he may, by notice in writing, require the person by whose act, default or sufferance the nuisance arises or continues or the owner, lessee or occupier of the land or building, or any one or more of these persons, to remove or abate the nuisance by taking such measures in such manner and within such period as may be specified in the notice.
(1) The Corporation may, by bye-laws made in this behalf,
(a) require the registration by the registration authority appointed by the Commissioner in this behalf of all dogs kept within Delhi;
(b) require that every registered dog shall wear a collar to which shall be attached a metal token to be issued by the registration authority, and fix the fee payable for the issue thereof;
(c) require that any dog which has not been registered or which is not wearing such token shall, if found in any public place, be detained at a place set apart for the purpose; and
(d) fix the fee which shall be charged for such detention and provide that any such dog shall be liable to be destroyed or otherwise disposed of unless it is claimed and the fee in respect there
The Commissioner may, by public notice, prohibit in any case where such prohibition appears to him to be necessary for the prevention of danger to life or property, the stacking or collecting of wood, dry grass, straw or other inflammable materials, or the placing of mats or thatched huts or the lighting of fires in any place which may be specified in the notice.
No person shall set a naked light on or near any building in any public street or other public place in such manner as to cause danger of fire:
Provided that nothing in this section shall be deemed to prohibit the use of lights for the purposes of illumination on the occasion of a festival or public or private entertainment.
No one shall discharge any firearm or let off fireworks or fire-balloons, or engage in any game in such manner as to cause or to be likely to cause danger to persons passing by or dwelling or working in the neighbourhood or risk of injury to property.
Where any building, or wall, or anything affixed thereto, or any well, tank, reservoir, pool, de- pression, or excavation, or any bank or tree, is in the opinion of the Commissioner, in a ruinous state, for want of sufficient repairs, protection or enclosure, a nuisance or dangerous to persons passing by or dwelling or working in the neighbourhood, the Commissioner may by notice in writing require the owner or part-owner or person claiming to be the owner or part-owner thereof or failing any of them the occupier thereof to remove the same or may require him to repair, protect or enclose the same in such manner as he thinks necessary; and if the danger is, in the opinion of the Commissioner, imminent, he shall forthwith take such steps as he thinks necessary to avert the same.
The Commissioner may, by notice in writing, require the owner or part-owner, or person claiming to be the owner or part-owner of any land or building, or the lessee or the person claiming to be the lessee of any such land which, by reason of disuse or disputed ownership or other cause, has remained unoccupied and has become the resort of ideal and disorderly persons or of persons who have no ostensible means of subsistence or cannot give a satisfactory account of themselves or is used for nuisance, to secure and enclose the same within such time as may be specified in the notice.
(1) The Commissioner, when authorised by the Corporation in this behalf, may provide and maintain municipal markets and slaughterhouses in such number as he thinks fit together with stalls, shops, sheds, pens and other buildings and conveniences for the use of persons carrying on trade or business in, or frequenting such markets or slaughterhouses and may provide and maintain in any such markets, buildings and places, machines, weights, scales and measures for the weighment or measurement of goods sold therein.
(2) Municipal markets and slaughterhouses shall be under the control of the Commissioner who may, at any time, by public notice, close any municipal market or slaughterhouse or any part thereof.
(1) No person shall, without the general or special permission in writing of the Commissioner, sell or expose for sale any animal or article in any municipal market.
(2) Any person contravening the provisions of sub-section (1), and any animal or article exposed for sale by such person, may be summarily removed from the market by or under the orders of the Commissioner or any officer or employee of the Corporation authorised by the Commissioner in this behalf.
(1) No place other than a municipal market shall be used as a market unless such place has been licensed as a market by the Commissioner.
(2) No place other than a municipal slaughterhouse shall be used as a slaughterhouse:
Provided that nothing in this sub-section shall be deemed-
(a) to restrict the slaughter of any animal in any place on the occasion of any religious festival or ceremony, subject to such conditions (non-compliance with which shall be punishable under this Act) as the Commissioner may, by public or special notice, impose in this behalf, or
(b) to prevent the Commissioner, with the sanction of the Corporation, from setting apart places for the slaughter of animals in accordance with religious custom.
&n
(1) The Commissioner may charge such fees as he thinks fit to impose for the grant of a licence to any person to open a private market and may grant such licence subject to such conditions, consistent with this Act and any bye-laws made thereunder, as he thinks fit to impose.
(2) When the Commissioner refuses to grant any licence, he shall record a brief statement of the reasons for such refusal.
(3) The Commissioner may, with the previous approval of the Standing Committee and for reasons to be recorded, suspend a licence in respect of a private market for such period as he thinks fit or cancel such licence.
(4) A private market of which the licence has been suspended or cancelled as aforesaid shall be closed with effect from such date as may be specified in the order of suspension or cancell
(1) No person shall keep open for public use any market in respect of which a licence is required by or under this Act, without obtaining a licence therefore, or while the licence therefor is suspended or after the same has been cancelled.
(2) When a licence to open a private market is granted or refused or is suspended or cancelled the Commissioner shall cause a notice of the grant, refusal, suspension or cancellation to be posted in such language or languages as he thinks necessary in some conspicuous place by or near the entrance to the place to which the notice relates.
No person knowing that market has been opened to the public without a licence having been obtained therefor within such licence is required by or under this Act or that the licence granted therefor is for the time being suspended or that it has been cancelled, shall sell or expose for safe any animal or article in such market.
(1) No animal or article shall be sold or exposed for sale within a distance of one hundred yards of any municipal market or licensed private market without the permission of the Commissioner.
(2) Any person contravening the provisions of sub-section (1) and any animal or article exposed for sale by such person may be summarily removed by or under the orders of the Commissioner or any officer or employee of the Corporation appointed by him in this behalf.
The Commissioner, with the previous approval of the Standing Committee, may-
(a) charge such stallages, rents or fees as may from time to time be fixed by him in this behalf-
(i) for the occupation or use of any stall, shop, stand, shed or pen in a municipal market or municipal slaughterhouse,
(ii) for the right to expose articles for sale in a municipal market,
(iii) for the use of machines, weights, scales and measures provided for in any municipal market, and
(iv) for the right to slaughter animals in any municipal slaughterhouse, and for the feed of such animals before they are ready for slaughter; or
(b) farm the stallages, rents and fees chargeable as a
A copy of the table of stallages, rents and fees, if any, chargeable in any municipal market or municipal slaughterhouse, and of the bye-laws made under this Act for the purpose of regulating the use of such market or slaughterhouse printed in such language or languages as the Commissioner may direct, shall be affixed in some conspicuous place in the market or slaughterhouse.
The person in charge of a market shall prevent the entry therein of, and shall expel therefrom, any person suffering from leprosy in whom the process of ulceration has commenced or from any dangerous disease, who sells or exposes for sale therein any article or who, not having purchased the same handles any article exposed for sale therein; and he may expel therefrom any person who is creating a disturbance therein.
(1) No person shall without or otherwise than in conformity with a licence from the Commissioner carry on the trade of a butcher, fish-monger, poulterer or importer of flesh intended for human food or use any place for the sale of flesh, fish or poultry intended for human food:
Provided that no licence shall be required for any place used for the sale or storage for sale of preserved flesh or fish contained in air-tight or hermetically sealed receptacles.
(2) The Commissioner may by order and subject to such conditions as to supervision and inspection as he thinks fit to impose, grant a licence or may by order refuse, for reasons to be recorded, to grant the same.
(3) Every such licence shall expire at the end of the year for which it is granted or at such earlier date as the Commissioner may
(1) No person shall, without the previous permission in writing of the Commissioner, establish in any premises, or materially alter, enlarge or extend, any factory, workshop or trade premises in which it is intended to employ steam, electricity, water or other mechanical power.
(2) The Commissioner may refuse to give such permission, if he is of the opinion that the establishment, alteration, enlargement or extension of such factory, workshop or trade premises in the proposed position would be objectionable by reason of the density of the population in the neighbourhood thereof, or would be a nuisance to the inhabitants of the neighbourhood.
(1) No person shall use or permit to be used any premises for any of the following purposes without or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf, namely:-
(a) any of the purposes specified in Part I of the Eleventh Schedule;
(b) any purpose which is, in the opinion of the Commissioner dangerous to life, health or property or likely to create a nuisance;
(c) keeping horses, cattle or other quadruped animals or birds for transportation, sale or hire or for sale of the produce thereof; or
(d) storing any of the articles specified in Part II of the Eleventh Schedule except for domestic use of any of those articles:
Provided that the Corporation may d
(1) If any horses, cattle or other quadruped animals or birds and kept on any premises in contravention of the provisions of Section 417, or are found abandoned and roaming or tethered on any street or public place or on any land belonging to the Corporation, the Commissioner or any officer empowered by him may seize them and may cause them to be impounded or removed to such lace as may be appointed by the Government or the Corporation for this purpose and the cost of seizure of these animals or birds and of impounding or removing them and of feeding and watering them shall be recoverable by sale by auction of these animals or birds:
Provided that anyone claiming such animal or bird may, within seven days of the seizure get them released on his paying all expenses incurred by the Commissioner in seizing, impounding or removing and in feeding and watering such animal or bird, and o
(1) The Commissioner may give public notice of his intention to declare that in any area specified in the notice no person shall use any premises for any of the purposes referred to in sub-section (1) of Section 417, which may be specified in such notice.
(2) No objections to any such declaration shall be received after a period of one month from the publication of the notice.
(3) The Commissioner shall consider all objections received within the said period, giving any person affected by the notice an opportunity of being heard during such consideration, and may thereupon make a declaration in accordance with the notice published under sub-section (1), with such modifications, if any, as he may think fit but not so as to extend its application.
(4) Every such declaration shall be published in
No person shall, without or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf,-
(a) hawk or expose for sale in any place any article whatsoever whether it be for human consumption or not;
(b) use in any place in skill in any handicraft or for rendering services to and for the convenience of the public for the purposes of gain or making a living.
(1) No person shall, without or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf, keep any eating-house, lodging-house, hotel, boarding-house, tea-shop, coffee-house, cafe, restaurant, refreshment room or any place where the public are admitted for repose or for the consumption of any food or drink of any place where food is sold or prepared for sale.
(2) The Commissioner may at any time cancel or suspend any licence granted under sub-section (1) if he is of the opinion that the premises covered thereby are not kept in conformity with the conditions of such licence or with the provisions of any bye-law made in this behalf, whether the licensee is prosecuted under this Act or not.
No person shall, without or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf, keep open any theatre, circus, cinema house, dancing-hall or other similar place of public resort, recreation or amusement:
Provided that nothing in this section shall apply to private performances in any such place.
If the Commissioner is of opinion that any eating-house, lodging-house, hotel, boarding-house, tea-shop, coffee-house, cafe, restaurant refreshment room or other place where the public are admitted for repose or for consumption of any food or drink or where food is sold or prepared for sale or any theatre, circus, cinema house, dancing-hall or similar other place of public resort, recreation or amusement or kept open without a licence or otherwise than in conformity with the terms of a licence granted in respect thereof, he may stop the use of any such premises for any such purpose for a specified period by such means as he may consider necessary.
(1) If the Commissioner or any person authorised by him in this behalf has reason to believe that any animal intended for human consumption is being slaughtered or that the flesh of any such animal is being sold or exposed for sale, in any place or manner not duly authorised under this Act, he may, at any time by day or night without notice, inspect such place for the purpose of satisfying himself as to whether any provision of this Act or of any bye-law under this Act at the time in force is being contravened, threat and may seize any such animal or the carcass of such animal or such flesh found therein.
(2) The Commissioner may remove and sell by auction or otherwise dispose of any animal or carcass of any animal or any flesh seized under sub-section (1).
(3) If within one month of such seizure the owner of the animal, carcass of flesh
Where the Commissioner upon information in his possession is satisfied as respects any area
(a) that the buildings in that area are by reason of disrepair or sanitary defects unfit for human habitation or are by reason of their bad arrangement, or the narrowness or bad arrangement of the streets or the want of light, air, ventilation or proper conveniences, dangerous or injurious to the health of the inhabitants of the area; and
(b) that the most satisfactory method of dealing with the conditions in the area is the rearrangement and reconstruction of the streets and buildings in the area in accordance with an improvement scheme, he may frame an improvement scheme in respect of the area in accordance with the bye-laws made in this behalf.
(1) An improvement scheme may provide for all or any of the following matters, namely:-
(a) the acquisition by agreement or under the Land Acquisition Act, 1894 (1 of 1894), of any property necessary for or affected by the execution of the scheme;
(b) the relaying out of any land comprised in the scheme;
(c) the redistribution of sites belonging to owners of property comprised in the scheme;
(d) the closure or demolition of buildings or portions of buildings unfit for human habitation;
(e) the demolition of obstructive buildings or portions thereof;
(f) the construction and reconstruction of buildings;
(g) the const
(1) Every improvement scheme shall, as soon as may be after it has been framed, be submitted by the Commissioner for approval to the Corporation and the Corporation may either approve the scheme without modifications or with such modifications as it may consider necessary or reject the scheme with directions to the Commissioner to have a fresh scheme framed according to such directions.
(2) No improvement scheme approved by the Corporation under sub-section (1) shall be valid unless it has been sanctioned by the Central Government.
The Commissioner while framing an improvement scheme under this Chapter for any area may also frame a scheme (hereafter in this Act referred to as the rehousing scheme) for the construction, maintenance and management of such and so many buildings as he may consider necessary for proving accommodation for persons who are likely to be displaced by the execution of the improvement scheme.
No improvement scheme or rehousing scheme framed under this Chapter after a master plan for Delhi or a zonal development plan for any part thereof has been prepared in accordance with law shall be valid unless such scheme is an conformity with the provisions of the master plan or the zonal development plan.
(1) Whenever it is provided in this Act or any bye-law made thereunder that a licence or a written permission may be granted for any purpose, such licence or written permission shall be signed by the Commissioner or by the officer empower to grant the same under this Act or the bye-laws made thereunder or by any municipal officer authorised by the Commissioner or such officer in this behalf and shall specify in addition to any other matter required to be specified under any other provision of this Act or any provision of any bye-law made thereunder-
(a) the date of the grant thereof;
(b) the purpose and the period (if any) for which it is granted;
(c) restrictions or conditions, if any, subject to which it is granted;
(d) the name and address of th
The Commissioner 3535. Omitted by Act No. 67 of 1993 (w.e.f. 1-10-1993). [* * *] or any municipal officer or other municipal employee authorised in this behalf by [him] or empowered in this behalf by or under any provision of this Act, may enter into or upon any land or building with or without assistants and workmen-
(a) for the purpose of ascertaining whether there is or has been on or in connection with the land or building any contravention of the provisions of this Act or any bye-law made thereunder;
(b) for the purpose of ascertaining whether or not circumstances exist which would authorise or require the Commissioner 3535. Omitted by Act No. 67 of 1993 (w.e.f. 1-10-1993). [* * *] or any municipal officer or employee authorised or empowered in this behalf to take any action or execute any work under this Act or any bye-law made th
(1) 3737. Subs. by Act No. 67of 1993 (w.e.f. 1-10-1993). [The Commissioner or any person authorised by him in this behalf] or empowered in this behalf by or under any provision of this Act, may enter on any land within fifty yards of any work authorised by or under this Act with or without assistants and workmen for the purpose of depositing thereon any soil, gravel, stone or other materials or for obtaining access to such work or for any other purposes connected with the execution of the same.
(2) The person so authorised shall, before entering on any such land, state the purpose thereof and shall, if so required by the owner or occupier thereof, fence off so much of the land as may be required for such purpose.
(3) The person so authorised shall, in exercising any power conferred by this section, do as little damage as may be, and comp
(1) It shall be lawful for 3737. Subs. by Act No. 67of 1993 (w.e.f. 1-10-1993). [the Commissioner or any person authorised by him in this behalf] or empowered in this behalf by or,under any provision of this Act, to make any entry into any place, and to open or cause to be opened any door, gate or other barrier-
(a) if he considers the opening thereof necessary for the purpose of such entry; and
(b) if the owner or occupier is absent or being present refuses to open such door, gate or barrier.
(2) Before making any entry into any such place or opening or causing to be opened any such door, gate or other barrier, the Commissioner 3838. Omztted by Act No. 67 of 1993 (w.e.f. 1-10-1993). [* * *] or the person authorised or empowered in this behalf, shall call upon two or more respectable inhabita
Save as otherwise provided in this Act or any bye-law made thereunder, no entry authorised by or under this Act shall be made except between the hours of sunrise and sunset.
Such as otherwise provided in this Act or any bye-law made thereunder, no land or building shall be entered without the consent of the occupier, or if there is no occupier, of the owner thereof and no such entry shall be made without giving the said owner or occupier, as the case may be not less than twenty-four hours written notice of the intention to make such entry.
Provided that no such notice shall be necessary if the place to be inspected is a factory or workshop or trade premises or a place used for any of the purposes specified in Section 417 or a stable for horses or a shed for cattle or a latrine or urinal or a work under construction, or for the purpose of ascertaining whether any animal intended for human food is slaughtered in that place in contravention of this Act or any bye-law made thereunder.
When any place used as a human dwelling is entered under this Act, due regard shall be paid to the social and religious customs and usages of the occupants of the place entered, and no apartment in the actual occupancy of a female shall be entered or broken open until she has been informed that she is at liberty to withdraw and every reasonable facility has been afforded to her withdrawing.
No person shall obstruct or molest any person authorised or empowered by or under this Act or any person with whom the Corporation or any of the municipal authorities specified in Section 44 has lawfully contracted, in the execution of his duty or of anything which he is authorised or empowered or required to do by virtue or inconsequence of any of the provisions of this Act or any bye-law made thereunder, or in fulfilment of his contract, as the case may be.
Every public notice given under this Act or any bye-law made thereunder shall be in writing under the signature of 3939. Subs. by Act No. 67 of 1993 (w.e.f. 1-10-1993). [the Commissioner or of any municipal officer authorised by him in this behalf], and shall be widely made known in the locality to be affected thereby, by affixing copies thereof in conspicuous public places within the said locality or by publishing the same by beat of drum or by advertisement in local newspapers or by any two or more of these means and by any other means that the 3939. Subs. by Act No. 67 of 1993 (w.e.f. 1-10-1993). [Commissioner] may think fit.
Whenever it is provided by this Act or any bye-law made thereunder that notice shall be given by advertisement in local newspapers, or that a notification or information shall be published in local newspapers, such notice, notification or information shall be inserted, if practicable, in at least three newspapers in such languages as the Corporation may from time to time specify in this behalf:
Provided that if the Corporation publishes a municipal journal, a publication in that journal shall be deemed to be a publication in a newspaper of the language in which the said journal may be published.
Whenever under this Act or any rule, regulation or bye-law made thereunder, the doing of, or the omission to do, anything or the validity of anything depends upon the approval, sanction, consent, concurrence, declaration, opinion or satisfaction of the Commissioner 3939. Subs. by Act No. 67 of 1993 (w.e.f. 1-10-1993). [or of any municipal officer, a written document signed by the commissioner] or officer purporting to convey or set forth such approval, sanction, consent, concurrence, declaration, opinion or satisfaction shall be sufficient evidence thereof.
Where any notice, bill, order or requisition issued or made under this Act or any rule, regulation or bye-law made thereunder requires anything to be done for the doing of which no time is fixed in this Act or the rule, regulation or bye-law, the notice, bill, order or requisition shall specify a reasonable time for doing the same.
4040. Subs. by Act No. 67 of 1993 (w.e.f. 1-10-1993).
[(1) Every licence, written permission, notice, bill, summons or other document which is required by this Act or any rule, regulation or bye-law made thereunder to bear the signature of the Commissioner or any municipal officer, shall be deemed to be properly signed if it bears a facsimile of the signature of the Commissioner or officer, as the case may be, stamped thereupon.]
(2) Nothing in sub-section (1) shall be deemed to apply to a cheque drawn upon the Municipal Fund under Section 101.
All notices, bill, summonses, and other documents required by this Act or any rule, regulation or bye-law made thereunder to be served upon, or issued to, any person, shall be served or issued by municipal officers or other municipal employees or by other persons authorised by 4040. Subs. by Act No. 67 of 1993 (w.e.f. 1-10-1993). [the Commissioner].
(1) Every notice, bill, summons, order, requisition or other document required or authorised by this Act or any rule, regulation or bye-law made thereunder to be served or issued by or on behalf of the Corporation, or by any of the municipal authorities specified in Section 44 or any municipal officer, or any person shall, save as otherwise provided in this Act or such rule, regulation or bye-law be deemed to be duly served-
(a) where the person to be served is a company, if the document is addressed to the secretary of the company at its registered office or at its principal office or place of the business and is either-
(i) sent by registered post, or
(ii) delivered at the registered office or at the principal office or place of business of the company;
&nb
Notwithstanding anything contained in Sections 443 and 444 a bill for any tax or a notice of demand may be served by sending it by ordinary post with a prepaid letter under a certificate of posting addressed to the appropriate person specified in Section 444 at his last known place of residence or business and in proving the service of every bill or notice so sent it shall be sufficient to prove that the letter was properly addressed and posted under a certificate of posting.
In the event of a non- compliance with the terms of any notice, order or question issued to any person under this Act or any rule, regulation or bye-law made thereunder; requiring such person to execute any work or to do any act it shall be lawful for the authority or officer at whose instance the notice, order or requisition has been issued, whether or not the person in default is liable to punishment for such default or has been prosecuted or sentenced to any punishment therefor, after giving notice in writing to such person, to take such action or such steps as may be necessary for the completion of the act or the work required to be done or executed by such person and all the expenses incurred on such account shall be payable to the Commissioner on demand if not paid within ten days after such demand, shall be recoverable as an arrear of tax under this Act.
(1) If any notice, order or requisition has been issued to any person in respect of property of which he is the owner, the authority or officer at whose instance such notice, order or requisition has been issued, may require the occupier of such property or of any part thereof to pay to him instead of to the owner, any rent payable by him in respect of such property, as it falls due up to the amount recoverable from the owner under Section 446:
Provided that if the occupier refuses to disclose the correct amount of the rent payable by him or the name or address of the person to whom it is payable, the authority or officer may recover from the occupier the whole amount recoverable under Section 446 as an arrear of tax under this Act.
(2) Any amount recovered from an occupier instead of from an owner under subsection (1) shall, in the abs
Whenever the owner of any land or building fails to execute any work which he is required to execute under this Act or any bye-law made thereunder, the occupier, if any, of such land or building may, with the approval of the Commissioner, execute the said work and he shall, subject to any contract between the owner and occupier to the contrary, be entitled to recover from the owner the reasonable expenses incurred by him in the execution of the work and may deduct the amount thereof from the rent payable by him to the owner.
(1) Where any person, by reason of his receiving rent of immovable property as a receiver, agent or trustee, or of his being as a receiver, agent or trustee of the person who would receive the rent if the property were let to a tenant, would under this Act or any bye-law made thereunder, be bound to discharge any obligation imposed on the owner of the property for the discharge of which money is required, he shall not be bound to discharge the obligation unless he has, or but for his own improper act or default might have had funds in his hands belonging to the owner sufficient for the purpose.
(2) The burden of proving any fact entitling a receiver, agent or trustee to relief under sub-section (1) shall lie upon him.
(3) Where any receiver, agent or trustee has claimed and established his right to relief under this section, the Commissi
[. 4242. Subs. by Act No. 67 of 1993 (w.e.f. 1-10-1993). . -In any case not otherwise provided for in this Act or in any bye-law made thereunder, the Commissioner, with the previous approval of the Standing Committee, may pay compensation to any person who sustains damage by reason of the exercise of any of the powers vested by this Act or any bye-law in the Commissioner or in any municipal officer or other municipal employee.]
(1)Any person who has been convicted of an offence against this Act or any bye-law made thereunder shall, notwithstanding any punishment to which he may have been sentenced for the said offence, be liable to pay such compensation for any damage to the property of the Corporation resulting from the said offence as the appropriate municipal authority may consider reasonable.
(2) In the event of a dispute regarding the amount of compensation payable under sub-section (1) such amount shall, on application made to him, be determined by the magistrate before whom the said person was convicted of the said offence; and on nonpayment of the amount of compensation so determined the same shall be recovered under a warrant from the said magistrate as if it were a fine imposed by him on the person liable therefor.
(1) If, when the Commissioner demands payment of any expenses referred to in Section 446, his right to demand the same or the amount of the demand is disputed within ten days after such demand, the Commissioner shall 4141. Subs. by Act No. 42 of 1984 S.8 (w.e.f. 10-12-1985). [refer the case for determination-
(a)to the Appellate Tribunal, if such demand relates to the expenses incurred in taking necessary action or steps for the completion of any act or work required to be done or executed in the event of non-compliance with any notice, order or requisition under Sections 317, 325, 343, 344 and 345;
(b) to the court of the district judge of Delhi, in any other case.]
(2) The Commissioner shall, pending the decision on any such reference, defer further proceedings for the recovery of the sum c
(1) Where, in any case not provided for by Section 452, the Corporation or any municipal authority or any municipal officer or other municipal employee is required by this Act or by any bye-law made thereunder to pay any expenses or any compensation, the amount to be so paid and if necessary, the apportionment of the same, shall, in case of dispute, be determined by the court of the District Judge of Delhi on application having been made to it for this purpose at any time within one year from the date when such expenses or compensation first became claimable.
(2) If the amount of any expenses or compensation ascertained in accordance with sub-section (1) is not paid by the person liable therefor on demand, it shall be recoverable as if the same were due under a decree passed by the court of the District Judge in an original suit tried by it.
Instead of proceeding in the manner aforesaid for the recovery of any expenses or compensation of which the amount due has been ascertained as hereinbefore provided, or after such proceedings have been taken unsuccessfully or with only partial success, the sum due or the balance of the sum due, as the case may be, may be recovered by a suit brought against the person liable for same in any court of competent jurisdiction.
In any case not expressly provided for in this Act or any bye-law made thereunder any due to the Corporation on account of any charge, costs, expenses, fees, rates or rent or on any other account under this Act or any such bye-law may be recoverable from any person from whom such sum is due as an arrear of tax under this Act:
Provided that no proceedings for the recovery of any sum under this section shall be commenced after the expiry of three years from the date on which such sum becomes due.
(1) The owner of any land or building may, if he is prevented by the occupier thereof from 4343. Subs. by Act No. 42 of 1984 S.9 (w.e.f. 10-12-1985). [complying with-
(a) the provisions of Section 317, Section 325, Section Section 343, 344, Section 345 or Section 347 or any bye-law made thereunder or with any notice or order issued under any such provision, apply to the Appellate Tribunal; and
(b) any other provision or any bye-law made thereunder or with any notice, order or requisition issued under such provision apply to the court of the District Judge of Delhi, and where such application is made],
(2) 4444. Subs. by Act No. 42 of 1984 S.9 (w.e.f. 10-12-1985). [The Appellate Tribunal or the court, as the case may be] on receipt of such application, may make a written order requiring the o
The procedure provided in the Code of Civil Procedure, 1908 (5 of 1908), in regard to suits shall be followed, as far as it can be made applicable, in the disposal of applications, appeals or references that may be made to the court of the District Judge of Delhi under this Act or any bye-law made thereunder.
(1) The 4545. Omitted by Act No. 67 of 1993 (w.e.f. 1-10-1993). [* * *] Government may, by notification in the Official Gazette, prescribe what fee shall be paid-
(a) on any application, appeal or reference under this Act or any bye-law made thereunder to the court of the district judge of Delhi; and
(b) for the issue, in connection with any inquiry or proceedings before that court under this Act or such bye-law, of any summons or other process:
Provided that the fee, if any, prescribed under clause (a) shall not, in cases in which the value of the claim or subject-matter is capable of being estimated in money, exceed the fees leviable for the time being under the provisions of the Court Fees Act, 1870 (7 of 1870), in cases in which the amount of the claim or subject-matter is of a like amou
Whenever any application, appeal or reference made under this Act, or any bye-law made thereunder to the court of the District Judge is settled by agreement between the parties before the hearing, half the amount of all fees paid up to that time shall be repaid by the court to the parties by whom the same have respectively been paid.
The court of the District Judge of Delhi may-
(a) delegate, either generally or specially, to the court of an additional District Judge, power to receive applications 4646. Subs. by Act No. 42 of 1961, S.18 (w.e.f. 12-9-1961). [election petitions], appeals and references under this Act or any rule, regulation or bye-law made thereunder, and to hear and determine such applications, 4646. Subs. by Act No. 42 of 1961, S.18 (w.e.f. 12-9-1961). [election petitions], appeals and references;
(b) with the approval of the 4747. Omitted by Act No. 67 of 1993 (w.e.f. 1-10-1993). [* * *] Government, make rules not inconsistent with this Act or any rule, regulation or bye-law made thereunder, providing for any matter connected with the exercise of the jurisdiction conferred upon the court by this Act which is not herein specifically provided for,
4848. S.461 renumbered as sub-section (1), by Act No. 42 of 1984, S.10 (w.e.f. 10-12-1985).
[(1)] Whoever-
(a) contravenes any provision of any of the sections, sub-sections, clauses, provisos or other provisions of this Act mentioned in the first column of the Table in the Twelfth Schedule; or
(b) fails to comply with any order or direction lawfully given to him or any requisition lawfully made upon him under any of the said sections, sub-sections, clauses, provisos or other provisions, shall be punishable
(i) with fine which may extend to the amount, or with imprisonment for a term which may extend to the period, specified in that behalf in the third column of the said Table or with both; and
(ii) in
5050. Subs. by Act No. 67 of 1993 (w.e.f. 1-10-1993). [Any councillor or any person referred to in clause (b) of sub-section (3) of Section 3 of any committee of the Corporation], who knowingly acquires, directly or indirectly, any share or interest in any contract made with, or any work done for, the Corporation not being a share or interest such as under Section 9 it is permissible for a councillor to have without being thereby disqualified for being a councillor 5151. Omitted by Act No. 67 of 1993 (w.e.f. 1-10-1993). [* * *], and the Commissioner, 5151. Omitted by Act No. 67 of 1993 (w.e.f. 1-10-1993). [* * *], or any municipal officer or other municipal employee who knowingly acquires, directly or indirectly, any share or interest in any contract made with, or any work done for, the Corporation not being a share or interest such as under clause (i) of sub-section (1) of Section 9 or sub-clauses (ii) and (iii) of clause (c
[. .-Whoever brings within the Union Territory of Delhi any goods liable to terminal tax without the payment of such tax shall, on conviction, he punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both, and the court trying an offence under this section may, on such conviction, also confiscate the goods in respect of which the offence has been committed.]
[. .-Where any goods imported into Delhi are liable to the payment of terminal tax, any person who, with the intention of evading payment of the tax introduce or attempts to introduce or causes or abets the introduction of any such goods within the Union Territory of Delhi, upon which payment of terminal tax due on such introduction, has neither been made nor tendered, shall be punishable with fine which may extend to ten times the amount of such terminal tax.]
Whoever, in any case in which a penalty is not expressly provided by this Act, fails to comply with any notice, order or requisition issued under any provision thereof, or otherwise contravenes any of the provisions of this Act, shall be punishable with fine which may extend to one hundred rupees, and in case of a continuing failure or contravention, with an additional fine which may extend to twenty rupees for every day after the first during which he has persisted in the failure or contravention.
(1)Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2)Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the concent or connivance of
[. 5252. Ins. by Act No. 42 of 1984, S.11 (w.e.f. 10-12-1985). .-The Code of Criminal Procedure, 1973 (2 of 1974), shall apply to -
(a) an offence under sub-section (5) of Section 313 or Section 332 or sub-section (1) of Section 333 or sub-section (1) of Section 334 or Section 343 or Section 344 or Section 345 or Section 347;
(b) an offence under sub-section (1) of Section 317 or sub-section (1) of Section 320 or sub-section(1) of Section 321 or sub-section(1) of Section 325 or Section 339 in relation to any street which is a public street, as if it were a cognizable offence-
(i) for the purposes of investigation of such offence; and
(ii) for the purposes of all matters other than-
(1) The matters refer
[. 5353. Subs. by Act No. 42 of 1984, S.12 (w.e.f. 10-12-1985 .-Save as otherwise provided in this Act, no court shall proceed to the trial of any offence,-
(a) under sub-section (5) of Section 313 or Section 332 cr sub-section (1) of Section 333 or sub-section (1) of Section 334 or Section 343 or Section 344 or Section 345 cr Section 347 except on the complaint of or upon information received from, such officer of the Corporation, not being below the rank of a Deputy Commissioner, as may be appointed by the Administrator;
(b) under sub-section (1) of Section 317 or sub-section (1) of Section 320 or subsection (1) of Section 321 or sub-section (1) of Section 325 or Section 339, if any such offence was committed in relation to any street which is a public street, except on the complaint of, or upon information received from, such officer
[. .-
(1) 5454. Subs. by Act No. 67 of 1993 (w.e.f. 1-10-1993). [The Commissioner or any person authorised by him] by general or special order in this behalf, may either before or after the institution of the proceedings compound any offence made punishable by or under this Act:
Provided that no offence shall be compoundable which is committed by failure to comply with a notice, order or requisition issued by or on behalf of the Corporation or of any of the municipal authorities specified in Section 44 unless and until the same has been complied with so far as the compliance is possible.
(2) Where an offence has been compounded, the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of the offence so compounded.
[. .-
(1) The 5555. Omitted by Act No. 67 of 1993 (w.e.f. 1-10-1993). [* * *] Government may appoint one or more 5656. Subs. by Act 67 of 1993 (w.e.f. 1-10-1993). [Metropolitan magistrates] for the trial of offences against this Act and against any rule, regulation or bye-law made thereunder and may prescribe the time and place at which such magistrate or magistrates shall sit for the despatch of business.
(2) Such magistrates shall be called municipal magistrates and shall besides the trial of offences as aforesaid, exercise all other powers and discharge all other functions of a magistrate as provided in this Act or any rule, regulation or bye-law made thereunder.
(3) Such magistrates and the members of their staff shall be paid such salary, pension, leave and other allowances as may, from
[. .-All offences against this Act or any rule, regulation or bye-law made thereunder, whether committed within or without the limits of Delhi shall be cognizable by a municipal magistrate and such magistrate shall not be deemed to be incapable of taking cognizance of any such offence or of any offence under any enactment which is repealed by, or which ceases to have effect under, this Act by reason only of his being liable to pay any municipal tax or rate or benefited out of the Municipal Fund.
[. .-No person shall be liable to punishment for any offence against this Act or any rule, regulation or bye-law made thereunder, unless complaint of such offence is made before a municipal magistrate within six months next after-
(a) the date of the commission of such offence, or
(b) the date on which the commission or existence of such offence was first brought to the notice of the complainant.
[. . -If any person summoned to appear before a magistrate to answer a charge of an offence against this Act or any rule, regulation or bye-law made thereunder fails to appear at the time and place mentioned in the summons, or on any date to which the hearing of the case is adjourned, the magistrate may hear and determine the case in his absence, if- -
(a) service of the summons is proved to his satisfaction, and
(b) no sufficient cause is shown, for the non-appearance of such person.
[. .
(1) The Commissioner, 5757. Subs. by Act 67 of 1993 (w.e.f. 1-10-1993). [or any municipal officer or other municipal employee authorised by him] in this behalf or any person who resides or owns property in Delhi, may complain to a municipal magistrate of the existence of any nuisance.
(2) Upon the receipt of any such complaint the magistrate, after making such inquiry as he thinks necessary, may by written order direct the person responsible for the nuisance or the owner of the land or building on which the nuisance has taken place, to take such measures as to such magistrate may seem practicable and reasonable, and within such period as may be specified in the order, for abating preventing, removing or remedying such nuisance and may direct 5757. Subs. by Act 67 of 1993 (w.e.f. 1-10-1993). [the Commissioner] to put into force any
(1) Any police officer may arrest any person who commits in his view any offence against this Act or against any rule, regulation or bye-law made thereunder if -
(a) the name and address of such person be unknown to him, and
(b) such person on demand declines to give his name and address or give a name and address which such officer has reason to believe to be false.
(2) No person so arrested shall be detained in custody after his true name and address are ascertained or, without the order of the nearest magistrate for a period longer than twenty-four hours from the time of arrest exclusive of the time necessary for the journey from the place of arrest to the court of such magistrate.
It shall be the duty of all police officers to give immediate information to the Commissioner 5858. Omitted by Act No. 67 of 1993 (w.e.f. 1-10-1993). [* * *] of the commission of, or the attempt to commit any offence against this Act or any rule, regulation or bye-law made thereunder and to assist all municipal officers and other municipal employees in the exercise of their lawful authority.
(1)The Commissioner may-
(a) take, or withdraw from, proceedings against any person who is charged with-
(i) any offence against this Act or any rule, regulation or bye-law made thereunder; or
(ii) any offence which affects or is likely to affect any property or interest of the Corporation or the due administration of this Act; or
(iii) committing any nuisance whatsoever;
(b) contest or compromise any appeal against rateable value or assessment of any tax or rate;
(c) take, or withdraw from or compromise, proceedings under Sections 451, 452 and 453 for the recovery of expenses or compensation claimed to be due to the Corporation;
&n
No suit or prosecution shall be entertained in any court against the Corporation or against any municipal authority or against any municipal officer or ether municipal employee or against any person acting under the order or direction of any municipal authority or any municipal officer or other municipal employee, for anything which is in good faith done or intended to be done, under this Act or any rule, regulation or bye-law made thereunder.
(1) No suit shall be instituted against the Corporation or against any municipal authority or against any municipal officer or other municipal employee or against any person acting under the order or direction of any municipal authority or any municipal officer or other municipal employee, in respect of any act done, or purporting to have been done, in pursuance of this Act or any rule, regulation or bye-law
(2) No suit, such as is described in sub-section (1), shall unless it is a suit for the recovery of immovable property or for a declaration of title thereto, be instituted after the expiry of six months from the date on which the cause of action arises.
(3) Nothing in sub-section (1) shall be deemed to apply to a suit in which the only relief claimed is an injunction of which the object would be defeated by the giving of the notice
(1) Any rule which the Central Government is empowered to make under this Act may provide that any contravention thereof shall be punishable with fine which may extend to one hundred rupees.
6161. Subs. by Act 67 of 1993 (w.e.f. 1-10-1993).
[(2) Every rule made under this Act, every notification issued under sub-section (2) of Section 3-A and sub-section (2) of Section 52 and bye-laws made by the Central Government under Section 349-A shall be laid as soon as may be after it is made or issued 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, bye-law or n
(1) Any regulation which may be made by the Corporation under this Act, may be made by the Central Government within one year of the establishment of the Corporation; and any regulation so made may be altered or rescinded by the Corporation in the exercise of its powers under this Act.
(2) No regulation made by the Corporation under this Act shall have effect until it has been approved by the Central Government and published in the Official Gazette.
(1) Subject to the provisions of this Act the Corporation may, in addition to any bye-laws which it is empowered to make by any other provision of this Act, make bye-laws to provide for all or any of the following matters, namely:
A. Bye-laws relating to taxation
(1) the maintenance of tax books and registers by the Commissioner and the particulars which such books and registers should contain;
(2) the inspection of and the obtaining of copies and extracts from such books and registers and fees, if any, to be charged for the same;
(3) the publication of rates of taxes as determined by the Corporation from time to time;
(4) the requisition by the Commissioner of information and returns from persons liabl
6666. Ins. by Act 20 of 1983, S.2 and Sch. (w.e.f. 15-3-1984). . The Central Government shall cause every regulation made under this Act and every bye-law made under Section 481 to 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 session aforesaid both Houses agree in making any modification in the regulation or bye-law or both Houses agree that the regulation or bye-law should not be made, the regulation or bye-law shall thereafter, have effect only in such modified form or be of no effect as the case may be; so, however, that any such modifications or annulment shall be without prejudice to the validity of anything previously done under that regulation or bye-law.]
(1) Any bye-law made under this Act may provide that a contravention thereof shall be punishable-
(a) with fine which may extend to five hundred rupees; or
(b) with fine which may extend to five hundred rupees and in the case of a continuing contravention, with an additional fine which may extend to twenty rupees for every day during which such contravention continues after conviction for the first such contravention;
(c) with fine which may extend to twenty rupees for every day during which the contravention continues, after the receipt of a notice from the Commissioner or any municipal officer duly authorised in that behalf, by the person contravening the bye-law requiring such person to discontinue such contravention:
Provided that a contravent
(1) Any power to make bye-laws conferred by this Act is conferred subject to the conditions of the bye-laws being made after previous publication and in the case of such bye-laws being made by the Corporation of their not taking effect until they have been approved by the 6767. Omitted by Act 67 of 1993 (w.e.f. 1-10-1993). [* * *] Government and published in the Official Gazette.
(2) The 6767. Omitted by Act 67 of 1993 (w.e.f. 1-10-1993). [* * *] Government in approving a bye-law may make any change therein which appears to it to be necessary.
(3) The 6767. Omitted by Act 67 of 1993 (w.e.f. 1-10-1993). [* * *] Government may, after previous publication of its intention cancel any bye-law which it has approved, and thereupon the bye-law shall cease to have effect.
(1) A copy of all bye-laws made under this Act shall be kept at the municipal office and shall, during office hours, be open free of charge to inspection by any inhabitant of Delhi.
(2) Copies of all such bye-laws shall be kept at the municipal office and shall be sold to the public at cost price either singly or in collections at the option of the purchaser.
The Central Government 6868. Ins. by Act 67 of 1993 (w.e.f. 1-10-V993). [or the Government] may at any time require the Commissioner-
(a) to produce any record, correspondence, plan or other document in his possession or under his control;
(b) to furnish any return, plan estimate, statement, account or statistics relating to the proceedings, duties or works of the Corporation or any of the municipal authorities;
(c) to furnish or obtain and furnish any report.
The Central Government 6868. Ins. by Act 67 of 1993 (w.e.f. 1-10-V993). [or the Government] may depute any person in the service of Government to inspect or examine any municipal department or office or any service or work undertaken by the Corporation or any of the municipal authorities or any property belonging to the Corporation and to report thereon and the Corporation and every municipal authority and all municipal officers and other municipal employees shall be bound to afford the person so deputed access at all reasonable times to the premises and properties of the Corporation and to all records, accounts and other documents the inspection of which he may consider necessary to enable him to discharge his duties.
(1) If 6969. Subs. by Act 67 of 1993 (w.e.f. 1-10-1993). [whether on receipt of a report or on receipt of] any information or report obtained under Section 485 or Section 486 01 otherwise, the Central Government is of opinion-
(a) that any duty imposed on the Corporation or any municipal authority by or under this Act has not been performed or has been performed in an imperfect, insufficient or unsuitable manner, or
(b) that adequate financial provision has not been made for the performance of any such duty, it may direct the Corporation or the municipal authority concerned, within such period as it thinks fit, to make arrangements to its satisfaction for the proper performance of the duty, or as the case may be, to make financial
Provided that, unless in the opinion of the Central Governmen
If, within the period fixed by a direction made under sub-section (1) of Section 487, any action the taking of which has been directed under that sub-section has not been duly taken, the Central Government may make arrangements for the taking of such action and may direct that all expenses connected therewith shall be defrayed out of the Municipal Fund.
(1) The Central Government may give the Corporation all such directions as it considers necessary in respect of subjects, curricula, text books, standards and methods of teaching in primary schools vested in the Corporation or maintained wholly or partly by grants paid out of the Municipal Fund and in respect of such other matters as that Government considers necessary and the Corporation shall comply with all such directions.
(2) It shall be lawful for any officer appointed by the Central Government in this behalf to inspect any such school; and all reasonable facilities shall be given to such officer in connection with the inspection.
(3) The Central Government, after considering the report of inspection made by such officer, may give the Corporation such directions as it considers necessary and the Corporation shall comply with such d
[. 7171. Subs. by Act 67 of 1993 (w.e.f.1-10-1993). .-
(1) If, in the opinion of the Central Government, the Corporation persistently makes default in the performance of the duties imposed on it by or under this Act or exceeds or abuses its powers, the Central Government may by an order published, together with a statement of reasons therefor, in the Official Gazette, dissolve the Corporation:
Provided that the Corporation shall be given a reasonable opportunity of being heard before its dissolution.
(2) When the Corporation is dissolved by an order under sub-section (1)-
(a) all councillors shall, on the date of the dissolution, vacate their office as such councillors and the persons referred to in clause (b) of sub-section (3) of Section 3 shal
[. .-The Central Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act shall, subject to such conditions, if any, as may be specified in the notification be exercisable by the Government or any of its officers or by the Commissioner or any other authority.]
The Commissioner may by order direct that any power conferred or any duty imposed on him by or under this Act shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercised and performed also by any municipal officer or other municipal employee specified in the order.
No notice, order, requisition, licence, permission in writing or any other document issued under this Act shall be invalid merely by reason of defect or form.
A copy of any receipt, application, plan, notice, order or other document or of any entry in a register in the possession of any municipal authority shall, if duly certified by the legal keeper thereof or other person authorised by the Commissioner in this behalf, be admissible in evidence of the existence cf the document or entry, and shall be admitted as evidence of the matters and transactions therein recorded in every case where, and to the same extent to which, the original document or entry would, if produced, have been admissible to prove such matters and transactions.
No municipal officer or other municipal employee shall, in any legal proceedings to which the Corporation is not a party, be required to produce any register or document the contents of which can be proved under Section 493 by a certified copy, or to appear as a witness to prove any matter or transaction recorded therein save by order of the court made for special cause.
No person shall obstruct or molest the Corporation or any municipal authority, the Mayor or the Deputy Mayor, any councillor or aldermen or any person employed by the Corporation or any person with whom the Commissioner has entered into a contract on behalf of the Corporation, in the performance of their duty or of anything which they are empowered or required to do by virtue or in consequence of any provision of this Act or of any rule, regulation or bye-law made thereunder.
No person shall remove any mark set up for the purpose of indicating any level or directing incidental to the execution of any work authorised by this Act or of any rule or bye-law made thereunder.
No person shall, without authority in that behalf, remove, destroy, deface or otherwise obliterate any notice exhibited by or under orders of the Corporation or any municipal authority or any municipal officer or other municipal employee specified by the Commissioner in this behalf.
No person shall, without authority in that behalf, remove earth, sand or other material or deposit any matter or make any encroachment from, in, or on any land vested in the Corporation or in any way obstruct the same.
(1) [Every councillor and every person referred to in clause (b) of sub-section (3) of Section 3, the Commissioner] and every municipal officer and other municipal employee shall be liable for the loss, waste or misapplication of any money or other property owned by or vested in the Corporation, of such loss, waste or misapplication is a direct consequence of his neglect or misconduct and a suit for compensation may be instituted against him by the Corporation with the previous sanction of the [* * *] Government or by the [* * *] Government.
(2) Every such suit shall be instituted within three years after the date on which the cause of action arose.
7575. Subs. by Act 67 of 1993 (w.e.f. 1-10-1993). [Every councillor and every person referred to in clause (b) of sub-section (3) of Section 3, the Commissioner] and every municipal officer and other municipal employee shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code, 1860 (45 of 1860), and in the definition of "legal remuneration" in Section 161 of that Code the word "Government" shall, for the purpose of this section, be deemed to include the Corporation.
(1) As soon as may be after the 1st day of April in every year and not later than such date as may be fixed by the 7676. Omitted by Act 67 of 1993 (w.e.f. 1-10-1993). [* * * ] Government in this behalf, the Corporation shall submit to that Government a detailed report of the municipal Government of Delhi during the preceding year in such form as that Government may direct.
(2) The Commissioner shall prepare such report and the Corporation shall consider it and forward the same to the 7676. Omitted by Act 67 of 1993 (w.e.f. 1-10-1993). [* * *] Government with its resolution thereon, if any.
(3) Copies of the report shall be kept for sale at the municipal office.
Save as provided in this Act, nothing contained in this Act shall be construed as authorising the disregard by the Corporation or any municipal authority or any municipal officer or other municipal employee of any law for the time being in force.
The Central Government may, by order in the Official Gazette, exempt from the payment of any tax, rate, fee or other charge payable under the provisions of this Act, any diplomatic or consular mission of a foreign State or the High Commission of a Commonwealth country and any official of such mission or High Commission.
(1) 7676. Omitted by Act 67 of 1993 (w.e.f. 1-10-1993). [* * *].
(2) After the establishment of the Corporation any reference in any enactment, rule, bye-law, order, scheme, notification or other instrument having the force of law, to any of the bodies or local authorities specified in the Second schedule shall, unless the context or subject otherwise requires, be construed as a reference to the Corporation.
[Amendment of Delhi Act 3 of 1955]-Rep. by the Repealing and Amending Act, 1960, (58 of 1960), S. 2 and Sch. I.
[Amendment of Act 43 of 1950J-Rep. by S. 2 and Sch. I, ibid.
Notwithstanding anything contained in the foregoing provisions of this Act,-
(a) the Corporation with the previous approval of the 7676. Omitted by Act 67 of 1993 (w.e.f. 1-10-1993). [* * *] Government, may, by notification in the Official Gazette, declare that any portion of
(b) the Corporation with the previous approval of the 7777. Omitted by Act 67 of 1993 (w.e.f. 1-10-1993). [* * *] Government may, by notification in the Official Gazette,-
(i) exempt the rural areas or any portion thereof from such of the provisions of this Act as it deems fit;
(ii) levy taxes, rates, fees and other charges in the rural areas or any portion thereof at rates lower than those at which such taxes, rates, fees and other charges are levied in the urban areas or e
(1) In administering the provisions of this Act within the Red Fort area the Corporation shall comply with the military rules and regulations for the time in force within that area.
(2) In this section the expression "Red Ford area" means the Red Fort and such area contiguous thereto as may be declared by the Central Government by notification in the Gazette of India to be included within the Red Fort area.
[. 7878. Ins. by Act 67 of 1993 (w.e.f. 1-10-1993). .-Notwithstanding anything contained in any other provision of this Act, the Corporation may on such terms and conditions as may be determined by agreement between the Corporation and any authority, body or person, carry out any work which is not connected with its functions on agency basis.]
7777. Omitted by Act 67 of 1993 (w.e.f. 1-10-1993). [* * *].
(1) Notwithstanding anything contained in the Punjab Municipal
(a) the persons who immediately before such commencement are members of any of the local authorities specified in items 1 to 10 of the Second Schedule shall cease to be such members;
(b) all the powers, duties and functions which may, under any of the aforesaid Acts or any other law, be exercised and performed by any such local authority, or by its President or Chairman, or by any Committee thereof shall, until the establishment of the Corporation, be exercised and performed by a person (whether an officer of Government or not) to be appointed by the Central Government with such designation as it may specify:
Provided that the same person may be appointed in respect of all the aforesaid local authorities.
&nb
(1) Every officer and other employee of each of the bodies and local authorities specified in the Second Schedule shall on and from the establishment of the Corporation, be transferred to and become an officer or other employee of the Corporation with such designation as the Commissioner may determine and shall hold office by the same tenure, at the same remuneration and on the same terms and conditions of service as he would have held the same if the Corporation had not been established, and shall continue to do so unless and until such tenure, remuneration and terms and conditions are duly altered by the Corporation:
Provided that the tenure, remuneration and terms and conditions of service of any such officer or other employee shall not be altered to his disadvantage without the previous sanction of the Central Government:
Provided f
[. 7979. Ins. by Act 67 of 1993 (w.e.f. 1-10-1993). -Notwithstanding the commencement of the Delhi Municipal Corporation (Amendment) Act, 1993, all the provisions existing in the principal Act before such commencement relating to-
(a) water supply, drainage and sewage disposal;
(b) electric supply; and
(c) prevention and extinguishing of fire, and matters connected therewith or incidental thereto shall be deemed to continue in operation till such date as the Central Government may, by notification in the Official Gazette, specify and different dates may be specified by the Central Government for any of the aforementioned different matters.
(1) In this section, "transferred functions" means such functions of the Corporation which immediately before the commencement of the Delhi Municipal Corporation (Amendment) Act, 1993 were the functions of the Corporation but as from such commencement become the functions of any other authority or functionary hereinafter called the "new authority".
(2) On and from such commencement,-
(a) all lands and buildings (together with all interests of whatsoever nature and kind therein) vested in the Corporation immediately before such commencement and used for the purposes of "transferred functions" shall pass to and vest in the new authority concerned;
(b) all stores, articles and other movable properties belonging to the Corporation immediately before such commencement and utilized for or in connec
(1)In this section "transferred area" means that area of Delhi which immediately before the commencement of this Act is included within the local limits of the New Delhi Municipal Committee but as from such commencement is included in and forms part of Delhi by virtue of the provisions of this Act.
(2) As from the establishment of the Corporation,-
(a) all lands and buildings (together with all interests of whatsoever nature and kind therein) situated in the transferred area and vested in the New Delhi Municipal Committee immediately before such establishment shall pass to and vest in the Corporation;
(b) all stores, articles and other movable properties belonging to the New Delhi Municipal Committee immediately before such establishment and utilized for or in connection with the transferred
(1) Any expenditure incurred during the period between the commencement of this Act and the establishment of the Corporation under any of the provisions of this Act shall be borne by the Central Government and the amount of the expenditure so incurred shall on such establishment be recoverable by that Government out of the Municipal Fund.
(2) If in respect of the period between the establishment of the Corporation and the adoption of the first budget by the Corporation further expenditure from the Municipal Fund becomes necessary over and above the expenditure thereto authorised for that year by the sanctioned budget estimates of the various bodies and local authorities specified in the Second Schedule, the Corporation shall adopt a supplementary statement showing the estimated amount of that expenditure.
(3) Every item of expenditure sh
Notwithstanding anything contained in the Punjab Municipal Act, 1911 (Punjab 3 Act of 1911), as applicable to New Delhi Municipality or in any notification issued thereunder, the limits of that Municipality shall be as described in the First Schedule.
[. 8080. Ins. by Act 67 of 1993 (w.e.f. 1-10-1993). . Notwithstanding anything contained in this Act, the Central Government may, if necessary, appoint a person to be called the Special Officer, to exercise the powers and discharge the functions of the Corporation until the day on which the first meeting of the Corporation is held after the commencement of the Delhi Municipal Corporation (Amendment) Act, 1993].
If any difficulty arises in relation to the transition from the provisions of any of the enactments referred to in Section 516, or in giving effect to the provisions of this Act, the Central Government may, by order as occasion requires, do anything which appears to it to be necessary for the purpose of removing the difficulty:
Provided that no such order shall be made after the expiration of two years from the establishment of the Corporation.
(1) As from the date of the establishment of the Corporation,-
(a) the Delhi Joint Water and Sewage Board Act, 1926 (23 of 1926), and the Delhi Road Transport Authority Act, 1950 (13 of 1950), shall stand repealed; and
(b) the enactments specified in the Thirteenth Schedule shall cease to have effect within Delhi.
(2) Notwithstanding the provisions of sub-section (1) of this section or of clause (a) of sub-section (2) of Section 286,-
(a) any appointment, notification, order, scheme, rule, form, notice or bye-law made or issued, and any licence or permission granted under any of the Acts or enactments referred to in sub-section (1) of this section or under the Act referred to in clause (a) of sub-section (2) of Section 286 and in force immediately
THE FIRST SCHEDULE[See Section 2(32) and Section 514]
THE FIRST SCHEDULE
[See Section 2(32) and Section 514]
boundaries of new delhi The area bounded by
the junction of the Pusa Road and Upper Ridge Road towards east along the new Link Road, the Panchkuin Road up to its junction with the Old Gurgaon Road; thence towards north-east along the Old Gurgaon Road and Chelmsford Road up to the New Delhi Railway Station: thence towards south and south-east along the railway line up to its junction with the Hardinge Bridge; thence towards south along the Mathura Road up to its junction with Lodi Road; thence towards south along the Lodi Road up to its junction with the first road leading to Lodi Colony; thence towards south along the first road leading to L
THE SECOND SCHEDULE (See Sections 99, 286. 504, 511 and 516) THE SECOND SCHEDULE
(See Sections 99, 286. 504, 511 and 516) bodies and local authorities whose functions are taken over by the corporation
The Municipal Committee, Delhi.
The Notified Area Committee, Civil Station.
The Notified Area Committee, Red Fort.
The Municipal Committee, Delhi-Shahdra.
The Municipal Committee, West Delhi.
The Municipal Committee, South Delhi.
The Notified Area Committee, Najafgarh.
The Notified Area Committee, Narela.
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THE THIRD SCHEDULE (See Section 136) THE THIRD SCHEDULE
(See Section 136)
rates of taxes leviable on vehicles and animals
Maximum amount of tax per annum
For vehicles with pneumatic tyres
For vehicles without pneumatic tyres
1. Each four-wheeled vehicle drawn by camels, horses, ponies, mules, donkeys, bullocks or buffaloes-
Rs.
Rs.
(a
THE FOURTH SCHEDULE (See Section 140) THE FOURTH SCHEDULE
(See Section 140)
THEATRE TAX
Type of entertainment
Maximum amount of tax
1. Class I cinema theatre
Rs. 10 per show
2. Class II cinema theatre
Rs. 7 per show
3. Drama, concert, circus, variety entertainment or tamasha
Rs. 7 per show
THE FIFTH SCHEDULE (See Section 142) THE FIFTH SCHEDULE
(See Section 142)
tax on advertisements other than adverisements published in the newpapers
S. No.
Particulars
Maximum amount of tax per annum
1.
Non-illuminated advertisements on land, building, wall, hoardings, frame, post, structures, etc.
Rs.
(a) For a space up to 10 sq. ft
1
THE SIXTH SCHEDULE (See Section 149) THE SIXTH SCHEDULE
(See Section 149)
TAX ON BUILDING APPLICATIONS
S. No.
Area
For the first storey storey or
For the second
any subsequent storey
Rs.
Rs. per storey
1.
For a ground area up to 100 sq. yds
20
THE SEVENTH SCHEDULE [See Section 154(1)} THE SEVENTH SCHEDULE
[See Section 154(1)]
NOTICE OF DEMAND
To,
Shri/Shrimati
residing at
Please take notice that the Commissioner demands from the sum of
due from on account of (here describe the property, occupa
tion, circumstance of thing in respect of which the sum is payable) leviable under
for the period of commencing on the day of 19, and ending on the day
of 19, and that if, within thirty days from the service of this notice, the said
THE EIGHTH SCHEDULE [See Section 156(1)] THE EIGHTH SCHEDULE
[See Section 156(1)]
FORM OF WARRANT
(Here insert the name of the officer charged with the execution of the warrant)
WHEREAS A.B. of has not paid, and has not shown satis-
factory cause or the non-payment of, the sum of due on account of
(here describe the liability) for the period of
commencing on the day of 19, ending with day of
19, which sum is leviable under
AND WHEREAS thirty days have elapsed since the service on him of notice of demand for the same;
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THE NINTH SCHEDULE [See Section 157(2)] THE NINTH SCHEDULE
[See Section 157(2)]
Form Of Investory Of Property Distrained And Notice Of Sale
To,
Shri/Shrimati
residing at
Please take notice that I have this day seized the property specified in the inventory annexed hereto for the value of
due for the liability (here describe the liability) mentioned in the margin for the period commencing
on the day of 19 , and ending with the day of 19, together
with Rs. due for service of notice of demand, and that unless within ten days from
THE TENTH SCHEDULE [See Section 178(1)]
THE TENTH SCHEDULE
[See Section 178(1)]
RATES OF TERMINAL TAXES ON GOODS
Articles
Terminal tax payable per maund of gross weight except where otherwise stated
1. 2.
Class I. Articles of food and drink
Refined sugar, i.e., khand, sugarcandy, bura, qand, kachchi khand,
ilaichidana, nuqal, batasha, ola, khand-ka-khilona, gindora khand and
all kinds
THE ELEVENTH SCHEDULE(See Section 417) THE ELEVENTH SCHEDULE
(See Section 417)
PART I
PURPOSES FOR WHICH PREMISES MAY NOT BE USED WITHOUT A ICENCE
Carrying out any of the following trades or operations connected with trades:
Baking.
Cinematography films, Shooting of
Cinematograph films by any process whatsoever, Treating of
Chillies or masala or corn or seeds. Grinding of by mechanical means-
Cloth, yarn or leather in indigo or in other colours. Dyeing or printing of
Cloth or yam
ansfer of
develution of land or building
50
..
Section 128, sub-section (3)
Failure to produce instrument of
transfer
50
..
Section 129
Failure to give notice of erection of
new building, etc
50
..
Section 130
Failure to give notice of demolition
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THE THIRTEENTH SCHEDULE (See Section 516) THE THIRTEENTH SCHEDULE
(See Section 516)
ENACTMENT CEASING TO HAVE EFFECT IN DELHI
The Punjab Municipal Act, 1911, as in force in Delhi immediately before the commencement
of the Act.
The provisions of the City of Bombay Corporation Act, 1888, as in force in Delhi immediately
before the commencement of this Act.
The provisions of the United Provinces Municipalities Act, 1916, as in force in Delhi
immediately before the commencement of this Act.
The Punjab District Board Act, 1883 as
[THE FOURTEENTH SCHEDULE (See Section 3-A) [THE FOURTEENTH SCHEDULE
(See Section 3-A) the number, names and areas of various zones
SI. No.
Name
Area of the Zone*/Number and name of the municipal ward
(1)
(2)
(3)
1.
City
1 Minto Road
[THE FIFTEENTH SCHEDULE (See Section 52) (1) Sanction estimates and plans for municipal works to be carried out within the Zone costing up to rupees one crore, other than works taken up and executed for Delhi as a whole or those covering more than one Zone, provided that specific provision exists therefor in the budget sanctioned by the Corporation.
(2) Call for any report, return, plan, estimate, statement, account or statistics from the Commissioner, connected with matter pertaining to the municipal administration in the Zone.
(3) Scrutinize monthly statements of receipts and disbursements and of the progress reports in the collection of revenue in the Zone.
(4) Consider and make recommendations on the proposal regarding estimates of revenue and expenditure pertaining to the zone under diffe
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