LexThe DELHI MUNICIPAL CORPORATION ACT, 1957
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THE DELHI MUNICIPAL CORPORATION ACT, 1957
(Modified as on 5th December, 2018)
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
THE CORPORATION
Constitution of the Corporation
3. Establishment of the Corporation.
3A. Division of Delhi into zones.
4. Duration of the Corporation.
Election of councillors and aldermen
5. Delimitation of wards.
5A. [Omitted.].
6. Power to alter or amend delimitation orders.
7. Elections to the Corporation.
7A. Electoral roll for every ward.
7B. Electoral registration officers.
7C. Assistant electoral registration officers.
7D. Registration of Electors.
7E. Preparation and revision of electoral rolls.
7F. Correction of entries in electoral roll.
7G. Inclusion of names in electoral roll.
7H. Appeal.
7-I. Jurisdiction of civil courts barred.
8. Qualifications for councillorship.
9. Disqualifications for membership of Corporation.
10. Right to vote.
11. General elections of councillors.
12. Filling of casual vacancies in councillorship.
13. [Omitted.].
14. Publication of result of election.
Disputes regarding elections
15. Election petitions.
16. Relief that may be claimed by the petitioner.
17. Grounds for declaring elections to be void.
18. Procedure to be followed by the district judge.
2
SECTIONS
19. Decision of the district judge.
20. Procedure in case of equality of votes.
21. Finality of decisions.
Corrupt practices and electoral offences
22. Corrupt practices.
23. Maintenance of secrecy of voting.
24. Officers, etc., at elections not to act for candidates or to influence voting.
25. Prohibition of canvassing in or near polling station and of public meeting on election day.
26. Penalty for disorderly conduct in or near polling station.
27. Penalty for misconduct at the polling station.
28. Breaches of official duty in connection with election.
29. Removal of ballot papers from polling station to be an offence.
30. Other offences and penalties therefor.
Power to make rules
31. Power to make rules regulating the election of councillors and aldermen.
Councillors and aldermen
32. Oath or affirmation.
32A. Declaration of assets.
32B. Vacation of seats in case of multiple membership.
33. Vacation of seats.
33A. Powers of Election Commission.
33B. Statements made by persons to the Election Commission.
33C. Procedure to be followed by the Election Commission.
33D. Protection of action taken in good faith.
34. Payment of allowances to councillors and aldermen.
Mayor and Deputy Mayor
35. Annual election of Mayor and Deputy Mayor.
36. Term of office of the Mayor and Deputy Mayor and facilities and privileges of the Mayor.
37. Discharge of functions of the Mayor by the Deputy Mayor.
38. Resignation of Mayor and Deputy Mayor.
Committees of the Corporation
39. Rural Areas Committee and Education Committee.
3
SECTIONS
40. Special and adhoc committies and ward committees, etc.
CHAPTER III
FUNCTIONS OF THE CORPORATION
41. General powers of the Corporation.
42. Obligatory functions of the Corporation.
43. Discretionary functions of the Corporation.
CHAPTER IV
MUNICIPAL AUTHORITIES UNDER THE CORPORATION
Municipal authorities
44. Enumeration of municipal authorities.
The Standing Committeee
45. Constitution of the Standing Committee.
46. Casual vacancies.
47. Chairman and Deputy Chairman of the Standing Committee.
48. Resignation of Chairman and members of the Standing Committee.
49. Functions of the Standing Committee.
The Wards Committee
50. Constitution of the Wards Committee.
51. Application of sections 47 and 48.
52. Powers and functions of the Wards Committee.
The Commissioner
54. Appointment, etc., of the Commissioner.
55. Salary and allowances of the Commissioner.
56. Leave of absence of Commissioner.
57. Appointment of officiating Commissioner in case of death, resignation or removal of
Commissioner.
58. Service regulations of Commissioner.
59. Functions of the Commissioner.
60. [Omitted.].
61. [Omitted.].
62. [Omitted.].
63. [Omitted.].
64. [Omitted.].
Miscellaneous provisions relating to the various municipal authorities
65. Appointment of sub-committees by the various committees.
66. Commissioner and General Managers not to be interested in any contract, etc., with the
Corporation.
67. Vacation of seats by members of committees.
68. Committees to continue in office till new committees are constituted.
4
SECTIONS
69. Power of Corporation to call for extracts of proceedings from the Committees.
70. Power of Corporation to require the Commissioner, etc., to produce documents and furnish
returns, reports, etc.
71. Exercise of powers to be subject to sanction.
CHAPTER V
PROCEDURE
Transaction of business by the Corporation
72. Meetings.
73. First meeting of the Corporation after general election.
74. Notice of meetings and business.
75. Quorum.
76. Presiding officer.
77. Presiding officer at meeting for the election of Mayor.
78. Method of deciding questions.
79. Maintenance of order at, and admission of public to, meetings; withdrawal and suspension of
councillors and alderman.
80. Councillors or aldermen not to vote on matter in which they are interested.
81. Right to attend meetings of the Corporation and its committees, etc., and right of councillors and
aldermen to ask questions in relation to the municipal government of Delhi.
82. Power to make regulations.
Transaction of business by Standing and other committees
83. Presiding officers at meetings of the Standing and other committees.
84. Conduct of business at meetings of Standing and other committees.
Minutes and reports of proceedings
85. Keeping of minutes and proceedings.
86. Circulation of minutes and inspection of minutes and reports of proceedings.
87. Forwarding minutes and reports of proceedings to the Administrator.
Validation
88. Validation of proceedings, etc.
CHAPTER VI
MUNICIPAL OFFICERS AND OTHER MUNICIPAL EMPLOYEES
89. Appointment of certain officers.
90. Schedule of permanent posts and creation of temporary posts.
91. Restriction on employment of permanent officers and other employees.
92. Power to make appointments.
92A. Recruitment to category B and category C posts.
5
SECTIONS
93. Officers and other employees not to undertake any extraneous work.
94. Officers and other employees not to be interested in any contract, etc., with the Corporation.
95. Punishment for municipal officers and other employees.
96. Consultation with the Union Public Service Commission.
97. Power of Commission to make regulations and reference to the Central Government in case of
difference between the Commission and the Corporation.
98. Power of Corporation to make regulations.
CHAPTER VII
REVENUE AND EXPENDITURE
The Municipal Fund
99. Constitution of the Municipal Fund.
100. Municipal Fund to be kept in the State Bank of India.
101. Operation of the Accounts.
102. Payments not to be made unless covered by a budget-grant.
103. Duty of persons signing cheques.
104. Procedure when money not covered by a budget-grant is expended.
105. Application of Municipal Fund.
106. Temporary payments from the Municipal Fund for works urgently required for the public
service.
107. Investment of surplus moneys.
107A. Constitution of Finance Commission.
Special funds
108. Constitution of special funds.
Budget estimates
109. Adoption of budget estimates.
110. Power of Corporation to alter budget estimates.
111. Power of Corporation to re-adjust income and expenditure during the year.
112. Provisions as to unexpended budget-grant.
CHAPTER VIII
TAXATION
Levy of taxes
113. Taxes to be imposed by the Corporation under this Act.
Property taxes
114. Components and rates of property tax.
115. Premises in respect of which property taxes are to be levied.
116. Determination of reteable value of lands and buildings assessable to property taxes.
117. [Omitted.].
6
SECTIONS
118. [Omitted.].
119. Taxation of Union properties.
120. Incidence of property taxes.
121. Apportionment of liability for property taxes when the premises assessed are let or sub-let.
122. Recovery of property taxes from occupiers.
123. Property taxes a first charge on premises on which they are assessed.
124. Assessment list.
125. Evidential value of assessment list.
126. Amendment of assessment list.
127. Preparation of new assessment list.
128. Notice of transfers.
129. Notice of erection of building, etc.
130. Notice of demolition or removal of building.
131. Power of Commissioner to call for information and returns and to enter and inspect premises.
132. Premises owned by, or let to, two or more persons in severalty to be ordinarily assessed as one
property.
133. Assessment in case of amalgamation of premises.
134. Power of Commissioner to assess separately out-houses and portions of buildings.
135. Power of Commissioner to employ valuers.
Tax on vehicles and animals
136. Tax on certain vehicles and animals and rates thereof.
137. The tax on whom leviable.
138. Tax when payable.
139. Power of Commissioner to compound with livery stable keeper, etc., for tax.
Theatre-tax
140. Theatre-tax.
141. Liability to pay theatre-tax.
Tax on advertisements other than advertisements published in the newspapers
142. Tax on advertisements.
143. Prohibition of advertisements without written permission of the Commissioner.
144. Permission of the Commissioner to become void in certain cases.
145. Presumption in case of contravention.
146. Power of Commissioner in case of contravention.
Duty on transfer of property
147. Duty on transfer of property and method of assessment thereof.
148. Provisions applicable on the introduction of transfer duty.
Tax on buildings payable along with the application for sanction of building plans
149. Tax on building applications.
Other taxes
150. Imposition of other taxes.
Supplementary taxation
151. Supplementary taxation.
7
Payment and recovery of taxes
SECTIONS
152. Time and manner of payment of taxes.
153. Presentation of bill.
154. Notice of demand and notice-fee.
155. Penalty in case of default of payment of taxes.
156. Recovery of tax.
157. Distress.
158. Disposal of distrained property and attachment and sale of immovable property.
159. Recovery from a person about to leave Delhi.
160. Power to institute suit for recovery.
161. Power of seizure of vehicles and animals in case of non-payment of tax thereon.
162. Occupiers may be required to pay rent towards satisfaction of property taxes.
Remission and Refund
163. Demolition, etc., of buildings.
164. Remission or refund of tax.
165. Power to require entry in assessment list of details of buildings.
166. Notice to be given of the circumstances in which remission or refund is claimed.
167. What buildings, etc., are to be deemed vacant.
168. Notice to be given of every occupation of vacant land or building.
Appeals
169. Appeal against assessment, etc.
170. Conditions of right to appeal.
171. Finality of appellate orders.
Miscellaneous provisions relating to taxation
172. Power to inspect for purposes of determining rateable value or tax.
173. Composition.
174. Irrecoverable debts.
175. Obligation to disclose liability.
176. Immaterial error not to affect liability.
177. General power of exemption.
Terminal taxes on goods
178. Terminal tax on goods carried by railway or road.
179. Recovery of terminal taxes.
180. Payment by the Central Government to the Corporation and other local authorities.
181. Power of exemption.
182. Powers and liabilities of persons authorised to collect terminal taxes.
8
SECTIONS
183. Power to make rules.
Taxes on entertainment and betting
184. Proceeds of entertainment tax.
CHAPTER IX
BORROWING
185. Power of Corporation to borrow.
186. Time for repayment of money borrowed under section 185.
187. Form and effect of debentures.
188. Payment to survivors of joint payees.
189. Receipt by joint holders for interest or dividend.
190. Maintenance and investment of sinking funds.
191. Application of sinking funds.
192. Annual statement by Commissioner.
193. Power of Corporation to consolidate loans.
194. Priority of payments for interest and repayment of loans over other payments.
195. Attachment of Municipal Fund for recovery of money borrowed from Government.
196. Power to make regulations.
CHAPTER X
PROPERTY AND CONTRACTS
Property
197. Acquisition of property.
198. Acquisition of immovable property by agreement.
199. Procedure when immovable property cannot be acquired by agreement.
200. Disposal of property.
Contracts
201. Contracts by the Corporation.
202. Procedure for making contracts.
203. Mode of executing contracts.
CHAPTER XI
ACCOUNTS AND AUDIT
Scrutiny and audit of accounts
204. Accounts to be kept.
205. Scrutiny of accounts by Municipal Chief Auditor and by the Standing Committee.
206. Report by the Municipal Chief Auditor.
207. Special audit at the direction of the Central Government.
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Powers and duties of the Municipal Chief Auditor
SECTIONS
208. Procedure to be followed by the Municipal Chief Auditor.
209. Power of Municipal Chief Auditor to make queries, etc., and call for returns, etc.
CHAPTER XII
WATER SUPPLY, DRAINAGE AND SEWAGE DISPOSAL
General
210. [Omitted.].
211. [Omitted.].
212. [Omitted.].
Water Supply
213. [Omitted.].
214. [Omitted.].
215. [Omitted.].
216. [Omitted.].
217. [Omitted.].
218. [Omitted.].
219. [Omitted.].
220. [Omitted.].
221. [Omitted.].
222. [Omitted.].
223. [Omitted.].
224. [Omitted.].
225. [Omitted.].
226. [Omitted.].
227. [Omitted.].
228. [Omitted.].
229. [Omitted.].
230. [Omitted.].
231. [Omitted.].
232. [Omitted.].
233. [Omitted.].
234. [Omitted.].
235. [Omitted.].
236. [Omitted.].
237. [Omitted.].
238. [Omitted.].
Drainage and Sewage
239. [Omitted.].
240. [Omitted.].
241. [Omitted.].
242. [Omitted.].
243. [Omitted.].
10
SECTIONS
244. [Omitted.].
245. [Omitted.].
246. [Omitted.].
247. [Omitted.].
248. [Omitted.].
248. [Omitted.].
Disposal of Sewage
250. [Omitted.].
Miscellaneous
251. [Omitted.].
252. [Omitted.].
253. [Omitted.].
254. [Omitted.].
255. [Omitted.].
256. [Omitted.].
257. [Omitted.].
258. [Omitted.].
259. [Omitted.].
260. [Omitted.].
261. [Omitted.].
262. [Omitted.].
263. [Omitted.].
264. [Omitted.].
265. [Omitted.].
266. [Omitted.].
267. [Omitted.].
268. [Omitted.].
269. [Omitted.].
270. [Omitted.].
271. [Omitted.].
272. [Omitted.].
273. [Omitted.].
CHAPTER XIII
ELECTRICITY SUPPLY
274. [Omitted.].
275. [Omitted.].
276. [Omitted.].
278. [Omitted.].
279. [Omitted.].
280. [Omitted.].
281. [Omitted.].
282. [Omitted.].
11
SECTIONS
283. [Omitted.].
284. [Omitted.].
285. [Omitted.].
286. [Omitted.].
CHAPTER XIV
TRANSPORT SERVICES
287. [Omitted.].
288. [Omitted.].
289. [Omitted.].
290. [Omitted.].
291. [Omitted.].
292. [Omitted.].
293. [Omitted.].
294. [Omitted.].
295. [Omitted.].
296. [Omitted.].
297. [Omitted.].
CHAPTER XV
STREETS
Construction, maintenance and improvement of streets
298. Vesting of public streets in the Corporation.
299. Functions of Commissioner in respect of public streets.
300. Disposal of land forming site of public streets permanently closed.
301. Power to make new public streets.
302. Minimum width of new public streets.
303. Power to prohibit use of public streets for certain kind of traffic.
304. Power to acquire lands and buildings for public streets and for public parking places.
305. Defining the regular line of streets.
306. Setting back building to regular line of street.
307. Compulsory setting back of building to regular line of street.
308. Acquisition of open land and land occupied by platforms, etc., within the regular line of street.
309. Acquisition of the remaining part of a building and land after their portions within a regular line
of street have been acquired.
310. Setting forward of buildings to the regular line of street.
311. Compensation to be paid in certain cases of setting back or setting forward of buildings, etc.
312. Owner’s obligation when dealing with land as building sites.
313. Lay-out plans.
314. Alteration or demolition of street made in breach of section 313.
315. Power of Commissioner to order work to be carried out or to carry it out himself in default.
316. Right of owners to require streets to be declared public.
Encroachments on streets
317. Prohibition of projections upon streets, etc.
12
SECTIONS
318. Projections over streets may be permitted in certain cases.
319. Ground floor doors, etc., not to open outwards on streets.
320. Prohibition of structures or fixtures which cause obstruction in streets.
321. Prohibition of deposit, etc., of things in streets.
322. Power to remove anything deposited or exposed for sale in contravention of this Act.
323. Prohibition of the tethering of animals and milking of cattle.
Provision concerning execution of works in or near to streets
324. Precautions during repair of streets.
325. Streets not to be opened or broken up and building materials not to be deposited thereon without
permission.
326. Disposal of things removed under this Chapter.
Naming and numbering of streets and numbering of buildings
327. Naming and numbering of streets.
Repairs or enclosure of dangerous places
328. Commissioner to take steps for repairing or enclosing dangerous places.
Lighting of streets
329. Measures for lighting.
330. Prohibition of removal, etc., of lamps.
CHAPTER XVI
BUILDING REGULATIONS
330A. General superintendence etc., of the Central Government.
331. Definition.
332. Prohibition of building without sanction.
333. Erection of building.
334. Applications for additions to, or repairs of, buildings.
335. Conditions of valid notice.
336. Sanction or refusal of building or work.
337. When building or work may be proceeded with.
338. Sanction accorded under misrepresentation.
339. Buildings at corners of streets.
340. Provisions as to buildings and works on either side of new streets.
341. Period for completion of building or work.
342. Prohibition against use of inflammable materials for building, etc., without permission.
343. Order of demolition and stoppage of buildings and works in certain cases and appeal.
344. Order of stoppage of buildings or works in certain cases.
345. Power of Commissioner to require alteration of work.
345A. Power to seal unauthorised constructions.
346. Completion certificates.
13
SECTIONS
347. Restrictions on user of buildings.
347A. Appellate Tribunal.
347B. Appeals against certain orders or notices issued under the Act.
347C. Procedure of the Appellate Tribunal.
347D. Appeal against orders of Appellate Tribunal.
347E. Bar of jurisdiction of courts.
348. Removal of dangerous buildings.
349. Power to order building to be vacated in certain circumstances.
349A. Power of Central Government to make bye-laws.
CHAPTER XVII
SANITATION AND PUBLIC HEALTH
Conservancy and sanitation
350. Provision for daily cleansing of streets and removal of rubbish and filth.
351. Rubbish, etc., to be the property of the Corporation.
352. Provision or appointment of receptacles, depots and places for rubbish, etc.
353. Duty of owners and occupiers to collect and deposit rubbish, etc.
354. Collection and removal of filth and polluted matter.
355. Collection and removal of filth and polluted matter through municipal agency.
356. Removal of rubbish, etc., accumulated on premises used as factories, workshops, etc.
357. Prohibition against accumulation of rubbish, etc.
358. Commissioner’s power to get premises scavenged and cleansed.
359. Public latrines, urinals, etc.
Latrines and urinals
360. Construction of latrines and urinals.
361. Latrines and urinals, etc., in new buildings.
362. Latrines and urinals for labourers, etc.
363. Provision of latrines and urinals for markets, etc.
364. Other provisions as to private latrines.
Removal of congested buildings and buildings unfit for human habitation
365. Removal of congested buildings.
366. Power of Commissioner to require improvement of buildings unfit for human habitation.
367. Enforcement of notice requiring execution of works of improvement.
368. Power of Commissioner to order demolition of buildings unfit for human habitation.
369. Insanitary huts and sheds.
Regulation of washing by washermen
370. Prohibition against washing by washermen.
14
Prevention of dangerous diseases
SECTIONS
371. Obligation to give information of dangerous disease.
372. Removal to hospital of patients suffering from dangerous disease.
373. Disinfection of buildings and articles.
374. Destruction of infectious huts or sheds.
375. Means of disinfection.
376. Special measures in case of outbreak of dangerous or epidemic diseases.
377. Infected clothes not to be sent to washerman or to laundry.
378. Contamination and disinfection of public conveyance.
379. Driver of conveyance not bound to carry persons suffering from dangerous disease.
380. Disinfection of buildings before letting the same.
381. Disposal of infected articles without disinfection.
382. Prohibition of making or selling of food, etc., or washing of clothes by infected persons.
383. Power to restrict or prohibit sale of food or drink.
384. Control over wells and tanks, etc.
385. Duty of persons suffering from dangerous disease.
386. Disposal of infectious corpses where any person has died from any dangerous disease.
Special conditions regarding essential services
387. Conditions of service of sweepers and certain other class of persons employed in municipal
service.
388. Conditions of service of sweepers employed for doing house scavenging
Burning and burial grounds
389. Power to call for information regarding burning and burial grounds.
390. Permission for use of new burning or burial ground.
391. Power to require closing of burning and burial grounds.
392. Removal of corpses.
Disposal of dead animals
393. Disposal of dead animals.
CHAPTER XVIII
VITAL STATISTICS
394. Appointment of Chief Registrar and registrars.
395. Duties of registrar.
396. Information of births and deaths.
CHAPTER XIX
PUBLIC SAFETY AND SUPPRESSION OF NUISANCES
Nuisances
397. Prohibition of nuisances.
398. Power of Commissioner to require removal or abetment of nuisance.
15
Dogs
SECTIONS
399. Registration and control of dogs.
Prevention of fire, etc.
400. Stacking or collecting inflammable materials.
401. Care of naked lights.
402. Discharging fireworks, fire-arms, etc.
403. Power to require buildings, wells, etc., to be rendered safe.
404. Enclosure of waste land used for improper purposes.
CHAPTER XX
MARKETS, SLAUGHTER HOUSES, TRADE AND OCCUPATIONS
Maintenance and regulation of markets and slaughter houses
405. Provisions of municipal markets and slaughter houses.
406. Use of municipal markets.
407. Private markets and slaughter houses.
408. Conditions of grant of licence for private market.
409. Prohibition of keeping market open without licence, etc.
410. Prohibition of use of un licenced markets.
411. Prohibition of business and trade near a market.
412. Levy of stallages, rents and fees.
413. Stallages, rents, etc., to be published.
414. Power to expel lepers and disturbers, etc. from markets.
415. Butcher’s, fish-monger’s and poulter’s licence
Trades and Occupations
416. Factory, etc., not to be established without permission of the Commissioner.
417. Premises not to be used for certain purposes without licence.
418. Seizure of certain animals.
419. Power of Commissioner to prevent use of premises in particular areas for purposes referred to in
section 417.
420. Licences for hawking articles, etc.
421. Eating houses, etc., not to be used without licence from the Commissioner.
422. Licensing and control of theatres, circuses and places of public amusement.
423. Power of Commissioner to stop use of premises used in contravention of licences.
Inspection of places of sales, etc.
424. Power of Commissioner to inspect places where unlawful slaughter of animals, etc., is
suspected.
CHAPTER XXI
IMPROVEMENT
425. Improvement scheme.
426. Matters to be provided for in an improvement scheme.
16
SECTIONS
427. Submission of improvement scheme to the Corporation for approval and to the Central
Government for sanction.
428. Rehousing scheme.
429. Improvement scheme and rehousing scheme to comply with the master plan and zonal
development plan.
CHAPTER XXII
POWERS, PROCEDURE, OFFENCES AND PENALTIES
Licences and written permissions
430. Signature, conditions, duration, suspension, revocation, etc., of licences and written permissions.
Entry and inspection
431. Powers of entry and inspection.
432. Power to enter land adjoining land in relation to any work.
433. Breaking into buildings.
434. Time of making entry.
435. Consent ordinarily to be obtained.
436. Regard to be had to social or religious usages.
437. Prohibition of obstruction or molestation in execution of work.
Public notices and advertisements
438. Public notices how to be made known.
439. Newspaper in which advertisements or notices to be published.
Evidence
440. Proof of consent etc., of Commissioner, General Managers, etc.
Notices, etc.
441. Notices, etc., to fix reasonable time.
442. Signature on notices, etc., may be stamped.
443. Notices, etc., by whom to be served or issued.
444. Service of notices, etc.
445. Service of bills for tax or notice of demand by ordinary post.
446. Powers in case of non-compliance with notice, etc.
Recovery of expenses
447. Liability of occupier to pay in default of owner.
448. Execution of work by occupier in default of owner and deduction of expenses from rent.
449. Relief to agents and trustees.
Payment of compensation
450. General power to pay compensation.
451. Compensation to be paid by offenders for damage caused by them.
Recovery of expenses or compensation in case of dispute
452. Reference to the court of the district judge in certain cases.
453. Application to the Court of the district judge in other cases.
17
SECTIONS
454. Power to sue for expenses or compensation.
Recovery of certain dues
455. Mode of recovery of certain dues.
Obstruction of owner by occupier
456. Right of owner to apply to the court of the district judge in case of obstruction by occupier.
Proceedings before the court of the district judge
457. General powers and procedure of the court of the district judge.
458. Fees in proceedings before the court of the district judge.
459. Repayment of half fees on settlement before hearing.
460. Power of the court of the district judge to delegate certain powers and to make rules.
Offences and penalties
461. Punishment for certain offences.
462. Punishment for acquiring share or interest in contract, etc., with the Corporation.
463. Punishment for offences relating to terminal tax.
464. Penalty for evasion of terminal taxes.
465. General penalty.
466. Offences by companies.
466A. Certain offences to be cognizable.
467. Prosecutions.
468. Composition of offences.
Magistrates and proceedings before magistrates
469. Municipal magistrates.
470. Cognizance of offences.
471. Limitation of time for prosecution.
472. Power of magistrate to hear cases in absence of accused when summoned to appear.
473. Complaints concerning nuisances and procedure therefor.
Powers and duties of police officers
474. Arrest of offenders.
475. Duties of police officers.
Legal proceedings
476. Power to institute, etc., legal proceedings and obtain legal advice.
477. Protection of action of the Corporation, etc.
478. Notice to be given of suits.
CHAPTER XXIII
RULES, REGULATIONS AND BYE-LAWS
479. Supplemental provisions respecting rules.
480. Supplemental provisions respecting regulations.
18
SECTIONS
481. Power to make bye-laws.
481A. Regulations and bye-laws to be laid before Parliament.
482. Penalty for breaches of bye-laws.
483. Supplemental provisions respecting bye-laws.
484. Bye-laws to be available for inspection and purchase.
CHAPTER XXIV
CONTROL
485. Power of Central Government to require production of documents.
486. Inspection.
487. Directions by Central Government.
488. Power to provide for enforcement of direction under section 487.
489. Power of Central Government to give directions in relation to primary schools, etc.
490. Dissolution of the Corporation.
CHAPTER XXV
MISCELLANEOUS
490A. Delegation of power by the Central Government.
491. Power to delegate functions of Commissioner.
492. Validity of notices and other documents.
493. Admissibility of document or entry as evidence.
494. Evidence of Municipal officer or employee.
495. Prohibition against obstruction of Mayor or any municipal authority, etc.
496. Prohibition against removal of mark.
497. Prohibition against removal or obliteration of notice.
498. Prohibition against unauthorised dealings with public place or materials.
499. Liability of Commissioner, etc., for loss, waste or mis-application of Municipal Fund or
property.
500. Councillors and municipal officers and employees to be public servants.
501. Annual administration report.
502. Other laws not to be disregarded.
503. Exemption of diplomatic or consular missions from payment of tax etc.
504. Construction of references.
505. [Repealed.].
506. [Repealed.].
507. Special provisions as to rural areas.
508. Special provisions as to Red Fort area.
508A. Corporation to undertake work on agency basis.
CHAPTER XXVI
SUPPLEMENTAL AND TRANSITIONAL PROVISIONS
509. [Repealed.].
510. Provisions relating to existing local authorities in Delhi till the establishment of the Corporation.
511. Provisions as to employees of bodies and local authorities whose functions are taken over by the
Corporation.
19
SECTIONS
511A. Temporary provision with respect to electricity, water, sewage, etc.
511B. Special provision as to transferred functions.
512. Special provisions as to the area transferred from New Delhi to Delhi.
513. Expenditure in connection with the Municipal Affairs from the commencement of this Act to the
adoption of the budget by the Corporation.
514. Limits of New Delhi Municipality.
514A. Transitory provision.
515. Power to remove difficulties.
516. Repeal, etc., and savings.
THE FIRST SCHEDULE.
THE SECOND SCHEDULE.
THE THIRD SCHEDULE.
THE FOURTH SCHEDULE.
THE FIFTH SCHEDULE.
THE SIXTH SCHEDULE.
THE SEVENTH SCHEDULE.
THE EIGHTH SCHEDULE.
THE NINTH SCHEDULE.
THE TENTH SCHEDULE.
THE ELEVENTH SCHEDULE.
THE TWELFTH SCHEDULE.
THE THIRTEENTH SCHEDULE.
THE FOURTEENTH SCHEDULE.
20
THE DELHI MUNICIPAL CORPORATION ACT, 1957
ACT NO. 66 OF 1957
[28th December, 1957.]
An Act to consolidate and amend the law relating to the Municipal Government of Delhi.
BE it enacted by Parliament in the Eighth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement .—(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, appoints:
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.
2. Definitions.—In this Act, unless the context otherwise requires,—
2[(1) “Administrator” means the Lieutenant Governor of the National Capital Territory of Delhi;]
3[(1A) “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, out -house, stable, latrine, urinal, shed, hut, wall (other than a
boundary wall) or any other structure, whether of masonry, bricks, wood, mud, metal or other
material but does not include any portable shelter;
(4) “bye-law” means a bye-law made under this Act, by notification in the Official Gazette;
(5) “casual vacancy” means a vacancy occurring otherwise than by efflux of time in the office of
a councillor an alderman or in any other elective office;
(6) “Commissioner” means the Commissioner of the Corporation;
(7) “Corporation” means the Municipal Corporation of Delhi established under this Act;
(8) “corrupt practice” means any of the practices specified in section 22;
(9) “dangerous disease” means—
(a) cholera, plague, chicken-pox, small-pox, tuberculosis, leprosy, enteric fever, crebrospinal
meningitis and diphtheria; and
1. 2nd January, 1958, vide notification No. F. 20/3/58/SR (R), dated 31st December, 1957, in respect of S. 2, Chap. II,
ss. 54, 55, 56, 57, 58, 59, 89 and 97, Chap. XXIII, ss. 485, 487, 488, 491, 500, 509, 513 and 515, see Gazette of India,
Extraordinary, Part IV.
15th February, 1958, vide notification No. F. 20/3/58/SR (R), dated 11th February, 1958, in respect of S. 510, see
Gazette of India, Extraordinary, Part IV.
7th April, 1958, vide notification No. F. 20/3/58/SR (R), dated 5th April, 1958, in respect of All the provisions of the
Act (other than those which have already been brought into force), see Gazette of India, Extraordinary, Part IV.
2. Subs. by Act 67 of 1993, s. 2, for clause (1) (w.e.f. 1-10-1993).
3. Ins. by Act 42 of 1984, s. 2 (w.e.f. 10-2-1986).
21
(b) any other epidemic, endemic or infectious disease which the Commissioner may, by
notification in the Official Gazette, declare to be a dangerous disease for the purposes of this Act;
(10) “Delhi” means the entire area of the Union territory of Del hi except New Delhi and Delhi
Cantonment;
(11) “Delhi Cantonment” means the area for the time being within the local limits of the Delhi
Cantonment Board;
1* * * * *
2* * * * *
3* * * * *
4* * * * *
(15) “drain” includes a sewer, a house drain, a drain of any other description, a tunnel, a culvert, a
ditch, a channel and any other device for carrying off sewage, offensive matter, polluted water, waste
water, rain water or sub-soil water;
5[(15A) “Election Commission” means the Election Commission of the National Capital Territory
of Delhi referred to in section 7.
(15B) “Election Commissioner ” means the Election Commissioner of the National Capital
Territory of Delhi appointed by the Administrator under section 7;]
(16) “entertainment” includes any exhibition, performance, amusement, game or sport to which
persons are ordinarily admitted on payment;
(17) “factory” means a factory as defined in the Factories Act, 1948 (63 of 1948);
(18) “filth” includes offensive matter and sewage;
6* * * * *
7* * * * *
(21) “goods” includes animals;
8[(21A) “Government” means the Government of the National Capital Territory of Delhi;]
(22) “house-gully” or “service passage” means a passage or strip of land constructed, set apart or
utilised for the purpose of serving as or carrying a drain or affording access to a latrine, urinal,
cesspool or other receptacle for filth or other polluted matter, by municipal employees or othe r
persons employed in the cleansing thereof or in the removal of such matter therefrom;
(23) “hut” means any building which is constructed principally of wood, bamboo, mud, leaves,
grass, cloth or thatch and includes any structure of whatever material made which the Corporation
may declare to be a hut for the purposes of this Act;
(24) “land” includes benefits to arise out of land, things attached to the earth or permanently
fastened to anything attached to the earth and rights created by law over any street;
(25) “licensed architect ”, “licensed draughtsman ”, “licensed engineer ”, “licensed plumber ”,
“licensed surveyor” and “licensed town planner ” mean respectively a person licensed under the
provisions of this Act as an architect, draughtsman, engineer, plumber, surveyor and town planner;
1. Omitted by Act 67 of 1993, s. 2 (w.e.f. 1-10-1993).
2. Omitted by Act 71 of 1971, s. 7(b) and the Second Schedule (w.e.f. 3-11-1971).
3. Omitted by Act 67 of 1993, s. 2 (w.e.f. 1-10-1993).
4. Omitted by s. 2, ibid. (w.e.f. 1-10-1993)
5. Ins. by s. 2, ibid. (w.e.f. 1-10-1993).
6. Omitted by s. 2, ibid. (w.e.f. 1-10-1993).
7. Omitted by Act 71 of 1971, s. 7(b) and the Second Schedule (w.e.f. 3-11-1971).
8. Ins. by Act 67 of 1993, s. 2 (w.e.f. 1-10-1993).
22
(26) “market” includes any place where persons assemble for the sale of, or for the purpose of
exposing for sale, meat, fish, fruits, vegetables, animals intended for human food or any other articles
of human food whatsoever, with or without the consent of the owner of such place notwithstanding
that there may be no common regulation for the concourse of buyers and sellers and whether or not
any control is exercised over the business of, or the persons frequenting, the market by the owner of
the place or by any other person;
(27) “member” in relation to the Corporation means a councillor 1***;
(28) “municipal authority” means any of the municipal authorities specified in section 44;
(29) “municipal market” means a market vested in or managed by the Corporation;
(30) “municipal slaughter house ” means a slaughter house vested in or managed by the
Corporation;
2* * * * *
(32) “New Delhi” means the area within the boundaries described in the First Schedule;
(33) “nuisance” includes any act, omission, place, animal or thing which causes or is likely to
cause injury, danger, annoyance or offence to the sense of sight, smell, or hearing or disturbance to
rest or sleep, or which is or may be dangerous to life or injurious to health or property;
(34) “occupier” includes—
(a) any person who for the time being is paying or is liable to pay to the owner the rent or any
portion of the tent of the land or building in respect of which such rent is paid or is payable;
(b) an owner in occupation of, or otherwise using his land or building;
(c) a rent free tenant of any land or building;
(d) a licensee in occupation of any land or building; and
(e) any person who is liable to pay to the owner damages for the use and occupation of any
land or building;
(35) “offensive matter” includes animal carcases, kitchen or stable refuse, dung, dirt and putrid or
putrefying substances other than sewage;
(36) “Official Gazette” means the Official Gazette of the Union Territory of Delhi;
(37) “owner” includes a person who for the time being is receiving or is entitled to receive, the
rent of any land or building whether on his own account or on account of himself and others or as an
agent, trustee, guardian or receiver for any other person or who should so receive the rent or be
entitled to receive it if the land or building or part thereof were let to a tenant and also includes—
(a) the custodian of evacuee property in respect of evacuee property vested in him under the
Administration of Evacuee Property Act 1950 (31 of 1950); and
(b) the estate officer to the Government of India, the Secretary of the Delhi Development
Authority, constituted under the Delhi Development Act, 1957 (61 of 1957); the General
Manager of a rail way and the head of a Government department, in respect of properties under
their respective control;
1. The words “or an alderman thereof” omitted by Act 67 of 1993, s. 2 (w.e.f. 1-10-1993).
2. Omitted by s. 2, ibid. (w.e.f. 1-10-1993).
23
(38) “premises” means any land or building or part of a building and includes—
(a) the garden, ground and out-houses, if any, appertaining to a building or part of a building;
and
(b) any fittings affixed to a building or part of a building for the more beneficial enjoyment
thereof;
(39) “private street ” means any street, which is not a public street and includes any passage
securing access to two or more places belonging to the same or different owners;
(40) “private market” means a market which is not a municipal market;
(41) “private slaughter house” means a slaughter house which is not a municipal slaughter house;
(42) “public place ” means any place whi ch is open to the use and enjoyment of the public,
whether it is actually used or enjoyed by the public or not;
(43) “public securities” means any securities of the Central Government or a State Government or
any securities guaranteed by the Central Govern ment or a State Government or any securities issued
under this Act or any debentures issued by the Bombay, Calcutta or Madras Municipal Corporation;
(44) “public street” means any street which vests in the Corporation as a public street or the soil
below the surface of which vest in the Corporation or which under the provisions of this Act
becomes, or is declared to be, a public street;
(45) “railway administration” has the meaning assigned to it in the Indian Railway Act, 1890, (9
of 1890);
(46) “rate layer” means a person liable to pay any rate, tax, cess or licence fee under this Act;
(47) “rateable value” means the value of any land or building fixed in accordance with the
provisions of this Act and the bye -laws made thereunder for the purpose of assess ment to property
taxes;
(48) “regulation” means a regulation made 1[by the Corporation] under this Act, by notification in
the Official Gazette;
(49) “reside”—
(a) a person shall be deemed to “reside” in any dwelling house which or some portion of
which he sometimes, although not uninterruptedly, uses as a sleeping apartment, and
(b) a person shall not be deemed to cease to “reside” in any such dwelling house merely
because he is absent from it or has elsewhere another dwelling house in which he resides, if there
is the liberty of returning to it at any time and no abandonment of the intention of returning to it;
(50) “rubbish” includes ashes, broken bricks, broken glass, dust, malba, mortar and refuse of any
kind which is not filth;
(51) “rule” means a rule made by the Central Government under this Act, by notification in the
Official Gazette;
(52) “rural areas” means the areas of Delhi which immediately before the establishment of the
Corporation are situated within the local limits of the District Board of Delhi established under the
Punjab District Boards Act, 1883, (Punjab Act XX of 1883), but shall not include such portion
thereof as may, by virtue of a notification under section 507, cease to be included in the rural areas as
herein defined;
1. Ins. by Act 42 of 1961, s. 2 (w.e.f. 12-9-1961).
24
(53) “Scheduled Caste” means any of the Scheduled Castes specified in Part I of the Scheduled to
the Constitution (Scheduled Castes) (Union Territories) Order, 1951;
(54) “sewage” means night-soil and other contents of latrines, urinals, cesspools or drains, and
polluted water from sinks, bathrooms, stables, cattle sheds and other like places, and includes trade
effluents and discharges from manufactories of all kinds;
(55) “shed” means a slight or temporary structure for shade or shelter;
(56) “slaughter house ” means any place ordinarily used for the slaughter of animals for the
purpose of selling the flesh thereof for human consumption;
(57) “street” includes any way, road, lane, square, court, alley, gully, passage, whether a
thoroughfare or not and whether built upon or not, over which the public have a right of way and also
the roadways or footway over any bridge or causeway;
(58) “trade effluent” means any liquid either with or without particles of matter in suspension
therein, which is wholly or i n part produced in the course of any trade or industry carried on at trade
premises, and in relation to any trade premises means any such liquid as aforesaid which is so
produced in the course of any trade or industry carried on at those premises, but does not include
domestic sewage;
(59) “trade premises” means any premises used or intended to be used for carrying on any trade
or industry;
(60) “trade refuse” means thExcerpt shown. Open the full act in Lexace.