THE DELHI MUNICIPAL CORPORATION ACT, 1957

 

No.66 OF 1957

 

[28th December, 1957]

 

An Act to consolidate and amend the law relating to the municipal government of Delhi.

Contents

CHAPTER I

PRELIMINARY

1.Short title, extent and commencement

2.Definitions

CHAPTER II

THE CORPORATION

Constitution of the Corporation.

3.Establishment of the Corporation

4.Term of office of councillors and aldermen

5.Delimitation of wards

6.Power to alter or amend delimitation orders

7.Electors and electoral rolls

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.Election of aldermen

14.Publication of results of elections

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

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 by councillors and aldermen

33.Vacation of seats

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 Corporation.

39.Rural Areas Committee and Education Committee

40.Special and ad hoc committees 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 Committee.

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

50.Constitution of the Delhi Electric Supply Committee, etc

51.Filling up of vacancies

52.Application of sections 47 and 48

53.Functions of the Delhi Electric Supply Committee, the Delhi Transport Committee and the Delhi Water Supply and Sewage Disposal 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

The General Manager (Electricity) and the General Manager (Transport)

60.Appointment, etc., of the General Managers

61.Salary and allowances of General Managers

62.Leave of absence to the General Managers, etc

63.Service regulations of the General Managers

64.Functions of the General Managers

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

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 aldermen

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 relations 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

Minute 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

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.Transfer of surplus moneys from one account to another and investment thereof

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 taxes

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

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

117.Charge by measurement in lieu of water tax in certain cases

118.Special rates of scavenging tax in certain cases

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

Taxes 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 application

Other taxes.

150.Imposition of other taxes

Supplementary taxation.

151.Supplementary taxation

152.Time and mauner 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 of 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

183.Power to make rules

Taxes on motor vehicles and taxes on entertainment and betting.

184.Central Government to pay proceeds of motor vehicles tax and entertainment and betting taxes to Corporation

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

Power and duties of the Municipal Chief Auditor.

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.Definitions

211.Power to require Corporation to carry out surveys and formulate proposals

212.Power to construct additional works

Water Supply

213.Functions in relation to water suppplies

214.Water supplied for domestic purposes not to be used for non-domestic purposes

215.Purity of water for domestic purposes

216.Supply of water for domestic purposes not to include any supply for certain specified purposes

217.Power to supply water for non-domestic purposes

218.Use of water for extinguishing fire

219.Power to require water supply to be taken

220.New premises not to be occupied without arrangement for water supply

221.Public gratuitous water supply

222.Power to lay mains

223.Power to lay service pipes, etc

224.Provision of fire hydrants

225.Power of Corporation to require owners of premises to set up pumps, etc

226.Supply of water

227.Laying of supply pipes, etc

228.Power to require separate service pipes

229.Stopcocks

230.Power of Commissioner to provide meters

231.Presumption as to correctness of meters

232.Prohibition of waste or misuse of water

233.Power to enter premises to detect waste or misuse of water

234.Power to test water fittings

235.Power to close or restrict use of water from polluted source of supply

236.Water pipes, etc., not to be placed where water will be polluted

237.Power to cut off private water supply or to turn off water

238.Joint and several liability of owners and occupiers for offence in relation to water supply

Drainage and Sewerage

239.Public drains etc., to vest in the Corporation

240.Control of drains and sewage disposal works

241.Certain matters not to be passed into municipal drains

242.Application by owners and occupiers to drain into municipal drains

243.Drainage of undrained premises

244.New premises not to be erected without drains

245.Power to drain group or block of premises by combined operation

246.Power of Commissioner to close or limit the use of private drains in certain cases

247.Use of drain by a person other than the owner

248.Sewage and rain water drains to be distinct

249.Power of Commissioner to require owner to carry out certain works for satisfactory drainage

Disposal of sewage

250.Appointment of places for the emptying of drains and disposal of sewage

Miscellaneous

251.Connection with water works and drains not to be made without permission

252.Buildings, railways and private streets not to be erected or constructed over drains or water works without permission

253.Rights of user of property for aqueducts, lines, etc

254.Power of owner of premises to place pipes and drains through land belonging to other persons

255.Power to require railway level, etc., to be raised or lowered

256.Power of Commissioner to execute work after giving notice to the person liable

257.Power of Commissioner to affix shafts, etc., for ventilation of drain or cesspool

258.Power of Commissioner to examine and test drains, etc., believed to the defective

259.Bulk supply of water to the New Delhi Municipal Committee and the Military Engineer Services, Delhi Cantonment

260.New Delhi Municipal Committee and the Military Engineer Services to pay actual cost of supply of water

261.Provisional collecting rate

262.Final settlement of accounts

263.Supply of meters

264.Testing of meters

265.Disposal of sewage of New Delhi

266.New Delhi Municipal Committee to pay cost of disposal of sewage

267.Manner of payment by the New Delhi Municipal Committee of proportion of cost of disposal of sewage

268.Disputes as to liability for payments to or by the Corporation

269.Summary recovery of sums due from the New Delhi Municipal Committee or the Military Engineer Services

270.Corporation not to give up certain works, etc., without permission of the Central Government

271.Employment of Government agencies for repairs, etc

272.Work to be done by licensed plumber

273.Prohibition of certain acts

CHAPTER XIII

ELECTRICITY SUPPLY.

274.Definitions

275.Functions in relation to electricity supply

276.Additional functions in relation to electricity supply

277.Corporation to have powers and obligations of licensee under Act 9 of 1910

278.Power to construct or acquire new undertakings, etc

279.Power of carrying out, renewing and repairing works

280.Restriction on building and other acts interfering with the works of Undertaking

281.Power of Corporation to make arrangements with licensees

282.Restriction on establishment of new generating stations or major additions to or replacement of plant in generating stations

283.Charges for supply of electricity

284.Bulk supply of electricity to the New Delhi Municipal Committee and Military Engineer Services, Delhi Cantonment

285.Payment of actual cost of supply of electricity

286.Dissolution of the Delhi State Electricity Board

CHAPTER XIV

Transport Services

287.Definitions

288.Functions in relation to transport services

289.Powers in relation to transport services

290.Preparation of schemes

291.Sanction of schemes

292.Extension of operation of the road transport services of the Corporation to areas within another State

293.Power to alter or extend the schemes

294.The Undertaking to be run on business principles

295.Application of the provisions of the Motor Vehicles Act, 1939, or any rules make thereunder to vehicles and employees of the Undertaking

296.Power of Central Government to exempt vehicles of the Corporation from payment of certain charges

297.Maintenance and repairs of portion of streets where tramway is laid

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

Private streets.

312.Owners 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

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

Provisions concerning execution of works in or near to street.

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

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

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 of buildings and works in certain cases

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

345.Power of Commissioner to require alteration of work

346.Completion certificates

347.Restrictions on user of buildings

348.Removal of dangerous buildings

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

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

358.Commissioners 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 building 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

Prevention of dangerous diseases.

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 abatement of nuisance

Dogs

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, TRADES AND OCCUPATIONS.

Maintenance and regulation of markets and slaughter houses.

405.Provision 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 unlicensed 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.Butchers, fish-mongers and poulterers 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

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.Newspapers 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

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

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 accuses 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

481.Power to make bye-laws

A.Bye-laws relating to taxation.

B.Bye-laws relating to water supply, drainage and sewage disposal.

C.Bye-laws relating to electric supply.

D.Bye-laws relating to transport vehicles.

E.Bye-laws relating to street.

F.Bye-laws relating to buildings.

G.Bye-laws relating to sanitation and public health.

H.Bye-laws relating to vital statistics.

I.Bye-laws relating to public safety suppression of nuisances.

J.Bye-laws relating to markets, slaughter houses, trades and occupations.

K.Bye-laws relating to improvement.

L.Bye-laws relating to miscellaneous matters.

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.Supersession of the Corporation

CHAPTER XXV

MISCELLANEOUS

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 misapplication of Municipal Fund or property

500.Councillors and municipal officers and employees to be pubic 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.Amendment of Delhi Act 3 of 1955

506.Amendment of Act 43 of 1950

507.Special provisions as to rural areas

508.Special provisions as to Red Fort area

CHAPTER XXVI

SUPPLEMENTAL AND TRANSITIONAL PROVISIONS.

509.Power of Central Government to make first appointments

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

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

515.Power to remove difficulties

516.Repeal, etc.and savings

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THE THIRTEENTH SCHEDULE.

 

 

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 date as the Central Government may, by notification in the Official Gazette, appoint :

 

Provided that different dates may be appointed for different provisions of this At 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, -

 

(1) "Administrator" means the Administrator of the Union territory of Delhi;

 

(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, 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 or 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, cerebrospinal meningitis and diphtheria; and

 

(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 to entire area of the Union territory of Delhi 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;

 

(12) "Delhi Electric Supply Undertaking" means all undertaking vested in or acquired and organised, constructed, maintained, extended, managed or conducted by Corporation for the purposes of generating or acquiring supplies of electricity and providing supplies (including bulk supplies) of electricity for licensees and persons other than licensees and includes all properties and rights vested in the Corporation for the purposes of such undertakings;

 

(13) "Delhi Transport Undertaking" means all undertakings vested in or acquired and organised, constructed, maintained, extended, managed or conducted by the Corporation for the purposes of providing road transport services and any ancillary service and includes all properties and rights vested in the Corporation for the purposes of such undertakings;

 

(14) "Delhi Water Supply and Sewage Disposal Undertaking" means all undertakings vested in or acquired and organised, constructed, maintained, extended, managed or conducted by the Corporation for the purposes of providing filtered and unfiltered water supply and for the purposes of collection, treatment and disposal of sewage and includes all properties and rights vested in the Corporation for the purposes of such undertakings;

 

(15) "drain" includes a sewer, a house drain, a drain of any other description, a tunnel, a Culver, a ditch, a channel and any other service for carrying off sewage, offensive matter, polluted water, waste water, rain water or sub-soil water;

 

(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;

 

(19) "General Manger (Electricity)" means the General Manager of the Delhi Electric Supply Undertaking;

 

(20) "General Manager (Transport)" means the General Manager of the Delhi Transport Undertaking;

 

(21) "goods" includes animals;

 

(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 other 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" means respectively a person licensed under the provisions of this Act as an architect, draughtsman, engineer, plumber, surveyor and town planner;

 

(26) "market" includes my 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 or an alderman thereof;

 

(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;

 

(31) "municipal water works" means water works vested in the Corporation;

 

(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 rent of the land or building in respect of which such rent is paid or is payable;

 

(b) an owner in the 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 carcasses, 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 other 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 of officer to the Government of India, the secretary of the Delhi Development Authority, constituted under the Delhi Development Act, 1957, the general manager of a railway and the head of a Government department, in respect of properties under their respective control;

 

(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 which 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 Government 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 vests 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 Railways Act, 1890(9 of 1890);

 

(46) "rate payer" means a person liable to pay any rate, tax, cessor licence fee under this Act;

 

(47) "ratable 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 assessment to property taxes;

 

(48) "regulation" means a regulation made 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 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 any portion thereof as may, by virtue of a notification under section 507, cease to be included in the rural areas as herein defined;

 

(53) "Scheduled Caste" means any of the Scheduled Castes specified in Part I of the Schedule 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, cattled 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 so the roadway 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 in 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 refuses" means the refuse of any trade or industry;

 

(61) "urban areas" means the areas of Delhi which are not rural areas;

 

(62) "vehicle" includes a carriage, cart, van, dray, truck, hand-cart, bicycle, tricycle, cycle-rikshaw, auto-rikshaw, motor vehicle and every wheeled conveyance which is used or is capable of being used on a street;

 

(63) "ward" means a municipal ward provided by order made under section 5 for the purpose of election of councillors;

 

(64) "water course" includes any river, stream or channel whether natural or artificial ;

 

(65) "water works" includes lakes, tanks, streams, cisterns, springs, pumps, wells, reservoirs, aqueducts, water trucks, sluices, mains, pipes, culverts, hydrants, stand pipes and conduits and all lands, buildings, machinery, bridges and things, used for, or intended for the purpose of, supplying water;

 

(66) "workshop" means any premises (including the precincts thereof) other than a factory, wherein any industrial process is carried on ;

 

(67) "year" means a year commencing on the 1st day of April.

 

 

CHAPTER II

 

THE CORPORATION

 

Constitution of the Corporation.

 

 

 

3.Establishment of the Corporation

:- (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 Municipal 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.

 

(3) The Corporation shall be composed of councillors and aldermen.

 

(4) Councillors shall be chosen by direct election on the basis of adult suffrage from various wards into which Delhi shall be divided in accordance with the provisions of his Act; and aldermen shall be chosen by the councillors from among persons who are qualified to be councillors but are not councillors themselves.

 

(5) The total number of councillors shall at the establishment of the Corporation be eighty :

 

 Provided that twelve out of the eighty seats of councillors shall be reserved for the members of the Schedule Castes.

 

(6) Upon the completion of each census after the establishment of the Corporation, the number of councillors shall be on the basis of the population of Delhi as ascertained at that census and shall be determined by the Central Government by notification in the Official Gazette on a scale of one councillor for not more than twenty thousand of the population and the number of councillors to be reserved for the members of the Scheduled Castes shall, as nearly as may be, bear the same ratio to the total number of councillors as the population of the Scheduled Castes bears to the total population of Delhi :

 

 Provided that the total number of councillors shall in no case be more than one hundred or less than eighty :

 

Provided further that the determination of numbers of aforesaid shall not affect the then composition of the Corporation until the expiry of the term of the office of the councillors then holding office.

 

(7) The total number of aldermen shall always be six.

 

 

4.Term of office of councillors and aldermen

:-  (1) Save as otherwise provided in this section, the term of office of a councillor or an alderman shall be four years and shall commerce on the date of publication of the result of his election under section 14 :

 

Provided that the Central Government may, by notification in the Official Gazette, extend for reasons to be specified in the notification, the term of office of all the councillors and aldermen by such period as it thinks fit, so, however, that the total period so extended shall never exceed one year.

 

(2) The term of office of a councillor or an alderman elected to fill a casual vacancy shall continue so long only as the councillor or alderman in whose place he is elected would have been entitled to hold office if the vacancy had not occurred.

 

(3) An out-going councillor or alderman shall continue in office until the result of the election of his successor is published under section 14.

 

 

5.Delimitation of wards

:- (1) For the purposes of election of councillors Delhi shall be divided into multi-member wards.

 

(2) The Central Government shall, by order in the Official Gazette, determine -

 

(a) the number of wards;

 

(b) the extent of each ward;

 

(c) the number of seats allotted to each ward; and

 

(d) the number of seats, if any, reserved for the Scheduled Castes in each ward.

 

 

6.Power to alter or amend delimitation orders

:-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.

 

 

7.Electors and electoral rolls

:-(1) The persons entitled to vote at elections of councillors shall be the persons registered, virtue of the provisions of the Constitution and the Representation of the People Act, 1950(43 of 1950), as voters elections to the House of the People.

 

(2) So much of the electoral roll for any parliamentary constituency for the time being in force as relates to the areas comprised within a ward shall be deemed to be the electoral roll for that ward for the purposes of this Act.

 

Explanation.- In sub-section (2), the expression "parliamentary constituency" has the meaning assigned to it under the Representation of the People Act, 1950(43 of 1950).

 

 

8.Qualifications for councillorship

:- A person shall be qualified to be chosen as a councillor unless 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.

 

 

9.Disqualifications for membership of Corporation

:-  (1) A person shall be disqualified for being chosen as, and for being, a councillor, or an alderman -

 

(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 ;

 

(d) if he has, in proceedings for questioning the validity or regularity of an election, been found to have been guilty of -

 

( i ) any corrupt practice, or

 

( ii ) any offence punishable under section 171E, or section 171F of the Indian Penal Code(45 of 1960) or any offence punishable under section 29 or clause (a) or sub-section (2) of section 30 of this Act,

 

unless a period of five years has elapsed since the date of the finding or the disqualification has been removed either retrospectively or prospectively by the Central Government;

 

(e) if he has been sentenced on conviction by a criminal court to imprisonment for any of the offences referred to clause (d) or to imprisonment for a term of not less than two years for any other offence unless in each case a period of five years has elapsed since the date of the conviction or the disqualification has been removed either retrospectively or prospectively by the Central Government;

 

(f) if he holds any office of profit under the Corporation;

 

(g) if he holds any office of profit under the Government;

 

(h) if he is a licensed architect, draughtsman, engineer, plumber, surveyor or town planner or is a partner of a firm of which any such licensed person is also a partner;

 

( i ) if he is interested in any subsisting contract made with or any work being done for, the Corporation except as a share-holder (other than a director) in an incorporated company or as a member of a co-operative society;

 

( j ) if he is retained or employed in any professional capacity either personally or in the name of a firm of which he is a partner or with which he is engaged in a professional capacity, in connection with any cause or proceeding in which the Corporation or any of the municipal authorities is interested or concerned;

 

(k) if he, having held any office under the Government, the Corporation or any other authority, has been dismissed for corruption or disloyalty to the State unless a period of four years has elapsed since his dismissal or the disqualification has been removed by the Central Government;

 

( l ) if he fails to pay any arrears of any kind due by him, otherwise than as an agent, receiver, trustee or an executor, to the Corporation within three months after a notice in this behalf has been served upon him.

 

(2) Notwithstanding anything contained in the sub-section (1), -

 

(a) a disqualification under clause (e) of that sub-section shall not take effect until three months have elapsed since the date of such disqualification or if within these three months an appeal or petition for revision is brought in respect of the conviction or sentence, until that appeal or petition is disposed of;

 

(b) a person shall not be deemed to have incurred any disqualification under clause (f) or clause (g) of that sub-section by reason only of his receiving -

 

( i ) any pension; or

 

( ii ) any allowance or facility for serving as the Mayor or Deputy Mayor or as a councillor or an alderman; or

 

( iii ) any fee for attendance at meetings of the Delhi Electric Supply Committee or the Delhi Transport Committee or the Delhi Water Supply and Sewage Disposal Committee or any other committee of the Corporation;

 

(c) a person shall not be deemed to have any interest in a contract or work such as is referred to in clause ( i ) of that sub-section by reason only of his having a share or interest in -

 

( i ) any lease, sale, exchange or purchase of immovable property or any agreement for the same; or

 

( ii ) any agreement for the loan of money or any security for the payment of money only; or

 

( iii ) any newspaper in which any advertisement relating to the affairs of the Corporation is inserted; or

 

( iv ) the sale to the Corporation or to any municipal authority or any officer or other employee of the Corporation on behalf of the Corporation, of any article in which he regularly trades or the purchase from the Corporation or from any such authority, officer or other employee on behalf of the Corporation, of any article of a value in either case not exceeding five thousand rupees in the aggregate in any year during the period of the contract or work; or

 

( v ) the letting out on hire to the Corporation or the hiring from the Corporation of any article of a value not exceeding two thousand rupees in the aggregate in any year during the period of the contract or work; or

 

( vi ) any agreement or contract with the Corporation or any municipal authority for taking water or electricity or for hiring buses or any other thing which the Corporation may generally supply.

 

(3) If a person sits or votes as a member of the Corporation when he knows that he is not qualified or that he is disqualified for such membership, he shall be liable in respect of each day on which he so sits or votes to a penalty of three hundred rupees to be recovered as an arrear of tax under this Act.

 

 

10.Right to Vote

:- (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.

 

(2) In every ward an elector shall have as many votes as there are councillors to be elected from that ward but to elector shall at any election give more than one vote to any one candidate.

 

 

11.General elections of councillors

:-(1) A general election of councillors shall be held for the purpose of constituting the Corporation under section 3.

 

(2) A general election shall also be held for the purpose of filling the vacancies arising by efflux of time in the office of the councillors.

 

(3) For the aforesaid purposes the Commissioner shall, by one or more notifications 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 order 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.

 

 

12.Filling of casual vacancies in councillorship

:- (1) When a casual vacancy occurs in the office of a councillor the Commissioner 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 purse 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 four 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-section (1) shall specify that the person to fill that seat shall belong to one of the Scheduled Castes.

 

 

13.Election of aldermen

:-(1) The six aldermen referred to in sub-section (7) of section 3 shall be elected at a meeting of the councillors immediately after the publication of the results of the general election of councillors under section 14.

 

(2) No person shall be entitled to stand as a candidate at any election of an alderman if at any election of a councillor immediately preceding the election of any alderman he stood as a candidate and failed to be elected as a councillor.

 

(3) In the case of an equality of votes at any election of an alderman the person presiding at the meeting whether or not entitled to vote in the first instance shall have and exercise a casting vote.

 

(4) As many persons as there are vacancies to be filled being persons who have the largest number of votes shall be declared by the person presiding at the meeting to be elected.

 

(5) As soon as may be after the occurrence of any casual vacancy in the office of an alderman election shall be held to fill such casual vacancy.

 

(6) Election of aldermen shall be held in accordance with rules made in this behalf.

 

 

14.Publication of results of elections

:-  The names of all persons elected as councillors or aldermen shall, as soon as may be, after such election, be published by the Commissioner in the Official Gazette :

 

Provided that the names of all the councillors elected at a general election shall be so published as far as possible simultaneously and the names of all the aldermen elected at a meeting of the councillors after such general election shall also be so published as far as possible simultaneously.

 

Disputes regarding elections.

 

 

15.Election petitions

:- (1) No election of a councillor or an alderman 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.

 

(2) An election petition calling in question any such election may be presented on one or more of the grounds specified in section 17-

 

(a) by any candidate at such election , or

 

(b) ( i ) in the case of an election of a councillor, by any elector of the ward concerned,

 

( ii ) in the case of an election of an alderman, by any councillor.

 

(3) A petitioner shall join as respondents to his petition all the candidates at the election.

 

(4) An election petition -

 

(a) shall contain a concise statement of the material facts on which the petitioner relies;

 

(b) shall, with sufficient particulars, set forth the ground or grounds on which the elections is called in question; and

 

(c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908(5 of 1960), for the verification of pleadings.

 

 

16.Relief that may be claimed by the petitioner

:-(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.

 

 

17.Grounds for declaring elections to be void

:-(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 or was disqualified, to be chosen as a councillor or, as the case may be, as an alderman 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 in the interests of the returned candidate by a person other than that candidate or his agent or a person acting with the consent of such candidate or agent, or

 

( iii ) by the improper acceptance or refusal of any vote or reception of any vote which is void, or

 

( iv ) by the non-compliance with the provisions of this Act or of any rules or order made thereunder,

the court shall declare the election of the returned candidate to be void.

 

(2) If in the opinion of the court, a returned candidate has been guilty by an agent of any corrupt practice, but the court is satisfied -

 

(a) that no such corrupt practice was committed at the election by the candidate, and every such corrupt practice was committed contrary to the orders, and without the consent of the candidate;

 

(b) that candidate took all reasonable means for preventing the commission of corrupt practices at the election; and

 

(c) that in all other respects the election was free from any corrupt practice on the part of the candidate or any of his agents;

 

then, the court may decide that the election of the returned candidate is not void.

 

 

18.Procedure to be followed by the district judge

:-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 applicable, in the trial and disposal of an election petition under this Act.

 

 

19.Decision of the district judge

:-(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 received a majority of the void votes, or

 

(b) that but for the votes obtained by the returned candidate the petitioner or such other candidate would have obtained a majority of the valid votes,

 

the court shall, after declaring the election of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be, to have been duly elected.

 

 

20.Procedure in case of equality of votes

:-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 of whom the lot fails had received on additional vote.

 

 

21.Finality of decisions

:-(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 or an alderman 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.

 

 

22.Corrupt practices

:-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 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 or appeal to, national symbols much as the national flag or the national emblem, for the furtherance of the prospects of that candidate's election.

 

(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 conduct of any candidate, or in relation to the candidature, or withdrawal from contest of any candidate being a statement reasonably calculated to prejudice the prospects of that candidate's election.

 

(5) The hiring or procuring whether on payment or otherwise of any vehicle or vessel by a candidate or his agent or by any other person for the conveyance of any elector (other than the candidate himself, and the members of his family or his agent.) to or from any polling station provided in accordance with the rules made under this Act :

 

Provided that the hiring of a vehicle or vessel by an elector or by several electors at their joint costs for the purpose of conveying him or them to or from such polling station shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power :

 

Provided further that the use of any public transport vehicle or vessel or any tram car or railway carriage by an elector at his own cost for the purpose of going to or coming from any such polling station shall not be deemed to be a corrupt practice under this clause.

 

Explanation.- In this clause the expression "vehicle" means any vehicle used or capable of being used for the purpose of road transport whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise.

 

(6) The holding of any meeting in which intoxicating liquors are served.

 

(7) The issuing of any circular, placard or poster having a reference to the election which does not bear the name and address of the printer and publisher thereof.

 

(8) Any other practice which the Central Government may by rules specify to be a corrupt practice.

 

 

23.Maintenance of secrecy of voting

:- (1) Every officer or clerk, agent or other person who performs 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.

 

 

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

:-(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 not 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.

 

(3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.

 

 

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

:- (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 wherein 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

 

(e) exhibiting any notice or sign (other than an 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 taken for an election in that ward.

 

    (3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with fine which may extend to two hundred and fifty rupees.

 

    (4) An offence punishable under this section shall be cognizable.

 

 

26.Penalty for disorderly conduct in or near polling station

:- (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 as a megaphone or a loud-speaker; 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 with imprisonment for a term which may extend to three months, or with fine, or with both.

 

    (3) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under this section, he may direct any police officer to arrest such person, and thereupon the police officer shall arrest him.

 

    (4) Any police officer may take such step and use such force, as may be reasonably necessary for preventing any contravention of the provisions of sub-section (1), and may seize any apparatus used for such contravention.

 

    (5) An offence punishable under this section shall be cognizable.

 

 

27.Penalty for misconduct at the polling station

:- (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, may be moved from the polling station by the presiding officer or by any police officer on duty or by any person authorised in his 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 Epson 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.

 

 

28.Breaches of official duty in connection with election

:-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 persons 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.

 

 

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

:-(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 one year, or with fine 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 upon the person arrested on search shall be made over for safe custody to a police officer by the presiding officer or when the search is made by a police officer, shall be kept by such officer in safe custody.

 

(4) An offence punishable under sub-section (1) shall be cognizable.

 

 

30.Other offences and penalties therefor

:-(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 into; or

 

(f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot paper then in use for the purposes of the election; or

 

(g) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such acts.

 

(2) Any person guilty of an offence under this section shall -

 

(a) if he is returning officer or an assistant returning officer or a presiding officer or a polling officer or any other officer or clerk employed on official duty in connection with the election, be punishable with imprisonment for a term which may extend two years, or with fine, or with both;

 

(b) if he is any other person, be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.

 

(3) For the purposes of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of any election or part of an election including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection with such election.

 

(4) An offence punishable under clause (b) of sub-section (2) shall be cognizable.

 

(5) No court shall take cognizance of any offence under section 24, or under section 28, or under clause (a) of sub-section (2) of this section under there is a complaint made by order of, or under authority from, the Commissioner.

 

Power to make rules.

 

 

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

:- (1) The Central Government may make rules to provide for or regulate all or any of the following matters for the purpose of holding elections of councillors and alderman under this Act, namely: -

 

(a) the manner of the splitting up of electoral rolls for parliamentary constituencies into parts for the purpose of constituting one or more of such parts into the electoral roll for a ward; and the officer or authority by whom such splitting up is to be carried out;

 

(b) the appointment of returning officers, assistant returning officers, presiding officers and polling officers for the conduct of elections;

 

(c) the nomination of candidates, form of nomination papers, objections to nominations and scrutiny of nominations;

 

(d) the deposits to be made by candidates, time and manner of making such deposits and the circumstances under which such deposits may be refunded to candidates or forfeited to the Corporation;

 

(e) the withdrawal of candidatures;

 

(f) the appointment of agents of candidates;

 

(g) the procedure in contested and uncontested elections and the special procedure at elections in wards where any seat is reserved for the Scheduled Castes;

 

(h) the date, time and place for poll and other matters relating to the conduct of elections including -

 

( i ) the appointment of polling stations for each ward,

 

( ii ) the hours during which the polling station shall be kept open for the casting of votes,

 

( iii ) the printing and issue of ballot papers,

 

( iv ) the checking of voters by reference to the electoral roll.

 

( v ) the marking with indelible ink of the left fore-finger or any other finger or limb of the voter and prohibition of the delivery of any ballot paper to any person if at the time such person applies for such paper he has already such mark as to prevent personation of voters,

 

( vi ) the manner in which votes are to be given and in particular in the case of illiterate voters or of voters under physical or other disability,

 

( vii ) the procedure to be followed in respect of challenged votes and tendered votes,

 

( viii ) the scrutiny of votes, counting of votes, the declaration of the results and the procedure in case of equality of votes or in the event of a councillor being elected to represent more than one word,

 

( ix ) the custody and disposal of papers relating to elections,

 

( x ) the suspension of polls in case of any interruption by riot, violence or any other sufficient cause and the holding of a fresh poll,

 

( xi ) the holding of a fresh poll in the case of destruction of or tampering with ballot boxes before the court,

 

( xii ) the countermanding of the poll in the case of the death of a candidate before the poll;

 

( i ) the manner of, and other matters connected with, the election of alderman;

 

( j ) the fee to be paid on an election petition;

 

( k ) any other matter relating to elections or election disputes in respect of which the Central Government deems it necessary to make rules under this section or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary.

 

(2) In making any rule this section the Central Government May provide that any contravention thereof shall be punishable with fine which may extend to one hundred rupees.

 

Councillors and aldermen.

 

 

32.Oath or affirmation by councillors and aldermen

:- (1) Every councillor and every alderman shall, 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 a councillor / in alderman of the Municipal Corporation of Delhi do swear in the name of God / solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will faithfully discharge the duty upon which I am about to enter."

 

(2) If a person sits or votes as a councillor or an alderman before he has complied with the requirements of sub-section (1), he shall be liable in respect of each day on which he so sits or votes to a penalty of three hundred rupees to be recovered as an arrear of tax under this Act.

 

 

33.Vacation of seats

:- (1) If a councillor or an alderman -

 

(a) becomes subject to any of the disqualifications mentioned in section 9, or

 

(b) resigns his seat by writing under his hand addressed to the Mayor and delivered to the Commissioner,

 

his seat thereupon become vacant.

 

(2) If during three successive months, a councillor or an alderman is, without permission of the Corporation, absent from all the meeting thereof, the Corporation may declare his seat vacant.

 

(3) If any question arises as to whether a councillor or an alderman has become subject to any of the disqualifications mentioned in section 9, the Commissioner shall refer the question to the district judge of Delhi for his decision and the decision of the district judge shall be final.

 

 

34.Payment of allowances to councillors and aldermen

:- The councillors and aldermen shall be entitled to receive allowances for attendance at meetings of the Corporation and of any of its committees at such rate as may be determined by rules made in this behalf.

 

Mayor and Deputy Mayor.

 

 

 

35.Annual election of Mayor and Deputy Mayor

:- (1) The Corporation shall at its first meeting in each year elect one of its members to be the Mayor and another member to be the Deputy Mayor 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.

 

 

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

:- (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 or his term of office as a member of the Corporation terminates in any manner or unless in the case of the Deputy Mayor he is elected as Mayor.

 

(2) The Mayor and 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 records of the Corporation and may obtain reports -

 

(a) from the Commissioner on any matter connected with the municipal government of Delhi;

 

(b) from the General Manager (Electricity) and the General Manager (Transport) on any matter connected respectively with the administration of the Delhi Electric Supply Undertaking and the administration of the Delhi Transport Undertaking.

 

 

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

:- (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.

 

 

38.Resignation of Mayor and Deputy Mayor

:- (1) The Mayor may, by writing under his hand addressed to the Deputy Mayor and delivered to the Secretary, resign his office.

 

(2) The Deputy Mayor may, by writing under his hand addressed to the Mayor and delivered to the 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.

 

Committees of Corporation.

 

 

39.Rural Areas Committee and Education Committee

:- (1) In addition to the Standing Committee, the Delhi Electric Supply Committee, the Delhi Transport Committee and the Delhi Water Supply and Sewage Disposal 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 rural areas; and

 

( iii ) generally in relation to the expenditure that may be occurred by the Corporation for the municipal government in those areas;

 

(b) to review the progress of work of the Corporation in the rural areas;

 

(c) to bring to the notice of the appropriate municipal authorities deficiencies in the rural areas and make proposals to those authorities for the removal of such deficiencies;

 

(d) to discharge such other functions in relation to the rural areas as may be assigned to it by resolution made by the Corporation or by regulations made under this Act.

 

(4) The Corporation or any of the municipal authorities specified in section 44 shall not take any action, in relation to any of the mattes specified in sub-clauses ( i ) , ( ii ) and ( iii ) of clause (a) of sub-section (3) except in consultation with the Rural Areas Committee.

 

(5) The Education Committee shall consist of seven members of whom such number not exceeding three as may be determined by the Corporation, shall be nominated by the Corporation from among experts in education who are not members of the Corporation and the rest shall be elected by the members of the Corporation from among themselves at the first meeting of the Corporation after each general election or as soon as possible at any other meeting subsequent thereto.

 

(6) The Education Committee shall exercise and perform such powers, duties and functions in relation to education in Delhi as may be determined by regulations made in this behalf.

 

(7) The Rural Areas Committee as well as the Education Committee shall at its first meeting in each year elect one of its members to be the Chairman and another member to be the Deputy Chairman.

 

 

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

.:- (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 be 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.

 

(3) The Corporation may constitute a ward committee for each ward or for each group of wards comprising so many wards as the Corporation may determine.

 

(4) Each ward committee shall consists of -

 

(a) all the councillors elected from the ward or, as the case may be, from the group of wards; and

 

(b) such number of other persons not exceeding three as may be determined by the Corporation elected by the councillors referred to in clause (a) from among persons registered in the electoral roll for the time being in force for the ward or, as the case may be, registered in the electoral rolls for the time being in force for the wards comprised in the group.

 

(5) A ward committee shall perform such functions in relation to the ward or, as the case may be, the group of wards as the Corporation may require it to perform or as may be determined by regulations made in this behalf.

 

(6) Each committee constituted under this section shall elect one of its members as the Chairman and another member as the Vice-Chairman.

 

(7) Any matter relating to each of the committees constituted under section 39 or this section, not expressly provided in this Act may be provided by regulations made in this behalf.

 

CHAPTER III

 

FUNCTIONS OF THE CORPORATION.

 

 

41.General powers of the Corporation

:- (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 generally 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.

 

 

42.Obligatory functions of the Corporation

:-  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)  the construction and maintenance of works and means for providing supply of water for public and private purposes;

 

(c)  the scavenging , removal and disposal of filth, rubbish and other obnoxious or polluted matters;

 

(d)  the construction or purchase, maintenance, extension, management and conduct of -

 

( i ) any undertaking for the generation or supply and distribution of electricity to the public,

 

( ii ) any undertaking for providing road transport services by mechanically propelled vehicles, and

 

( iii ) any undertaking for providing a sufficient supply of pure and wholesome water;

 

(e)  the reclamation of unhealthy localities, the removal of noxious vegetation and generally the statement of all nuisances;

 

(f)  the regulation of places for the disposal of the dead and the provision and maintenance of places for the said purpose;

 

(g)  the registration of births and deaths;

 

(h)  public vaccination and inoculation;

 

( i ) measures for preventing and checking the speed of dangerous diseases;

 

( j ) the establishment and maintenance of hospitals, dispensaries and maternity and child welfare centres and the carrying out of other measures necessary for public medical relief;

 

(k)  the construction and maintenance of municipal markets and slaughter houses and the regulation of all markets and slaughter houses;

 

(l )  the regulation and abatement of offensive or dangerous trades or practices;

 

(m)  the securing or removal of dangerous buildings and places;

 

(n)  the construction, maintenance, alteration and improvements of public streets, bridges, culverts, causeways and the like;

 

(o) the lighting, watering and cleansing of public streets and other public places;

 

(p) the removal of obstructions and projections in or upon streets, bridges and other public places;

 

(q)  the naming and numbering of streets and premises;

 

(r) the establishment, maintenance of, and aid to, schools for primary education subject to such grants as may be determined by the Central Government from time to time;

 

(s)  the maintenance of municipal offices;

 

(t)  the laying out or the maintenance of public parks, gardens or recreation grounds;

 

(u)  the maintenance of a fire-brigade and the protection of life and property in the case of fire;

 

(v)  the maintenance of monuments and memorials vested in any local authority in Delhi immediately before the commencement of this Act or which may be vested in the Corporation after such commencement;

 

(w)  the maintenance and development of the value of all properties vested in or entrusted to the management of the Corporation; and

 

(x) the fulfilment of any other obligation imposed by or under this Act or any other law for the time being in force.

 

 

43.Discretionary functions of the Corporation

:-  The Corporation may in its discretion 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 and 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 road sides and elsewhere;

 

(e)  the surveys of buildings and lands;

 

(f)  the registration of marriages;

 

(g)  the taking of census of population;

 

(h)  the civic reception to persons of distinction;

 

( i ) the providing of music or other entertainments in public places or places of public resort and the establishment of theatres and cinemas;

 

( j )  the organisation and management of fairs and exhibitions;

 

( k )  the acquisition of movable or immovable property for any of purposes before mentioned, including payment of the cost of investigations, surveys or examinations in relation thereto for the construction or adaptation of buildings necessary for such purposes;

 

( l )  the construction and maintenance of -

 

( i )  rest-houses,

( ii ) poor-houses,

( iii )  infirmaries,

( iv ) children's homes,

( v )  houses for the deaf and dumb and for disabled and handicapped children,

( vi ) shelters for destitute and disabled persons,

( vii )  asylums for persons of unsound mind;

 

(m)  the construction and maintenance of cattle pounds;

 

(n)  the building or purchase and maintenance of dwelling houses for municipal officers and other municipal employees;

 

(o) any measures for the welfare of the municipal officers and other municipal employees or any class of them including the sanctioning of loans to such officers and employees or any class of them for construction of houses and purchase of vehicles;

 

(p)  the organisation or management of chemical or bacteriological laboratories for the examination or analysis of water, food and drugs for the detection or diseases or research connected with the public health or medical relief;

 

(q)  the provision for relief to destitute and disabled persons;

 

(r)  the establishment and maintenance of veterinary hospitals;

 

(s)  the organisation, construction, maintenance and management of swimming pools, public wash houses, bathing places and other institutions designed for the improvement of public health;

 

(t)  the organisation and management of farms and dairies within or without Delhi for the supply, distribution and processing of milk and milk products for the benefit of the residents of Delhi;

 

(u)  the organisation and management of cottage industries handicraft centres, and sales emporia;

 

(v)  the construction and maintenance of warehouses and godowns;

 

(w)  the construction and maintenance of garages, sheds and stands for vehicles and cattle biers;

 

(x)  the provision for unfiltered water supply;

 

(y)  the improvement of Delhi in accordance with improvement schemes approved by the Corporation;

 

(z)  the provision of housing accommodation for the inhabitants of any area or for any class of inhabitants; and

 

(za)  any measure not herein before specifically mentioned likely to promote public safety, health, convenience or general welfare.

CHAPTER IV

 

MUNICIPAL AUTHORITIES UNDER THE CORPORATION

 

Municipal authorities.

 

 

44.Enumeration of municipal authorities

:- For the efficient performance of its functions, there shall be the following municipal authorities under the Corporation, namely : -

 

(a) the Standing Committee;

 

(b) the Delhi Electric Supply Committee;

 

(c) the Delhi Transport Committee;

 

(d) the Delhi Water Supply and Sewage Disposal Committee;

 

(e) the Commissioner;

 

(f) the General Manager (Electricity); and

 

(g) the General Manager (Transport).

 

The Standing Committee.

 

 

45.Constitution of the Standing Committee

:- (1) The Standing Committee shall consist of fourteen members who shall be elected by the councillors and aldermen from among themselves at the first meeting of the Corporation after each general election or as soon as possible at any other meeting subsequent thereto.

 

(2) On and from the date of such election the Standing Committee shall be deemed to have been constituted.

 

(3) One-half of the members of the Standing Committee shall retire on the expiration of one year from the date of its constitution and for that purpose they shall be selected by lot before the said expiration in such manner as the Chairman of the Standing Committee may determine.

 

(4) During such succeeding year the members who have been longest in office shall retire therefrom :

 

Provided that in the case of a member who has been re-elected the term of his office shall for the purpose of this sub-section be computed from the date of his re-election.

 

(5) The Corporation shall in an ordinary meeting held before the occurrence of the vacancies caused by the retirement of the members under sub-section (3) or sub-section (4), elect the requisite number of members from amongst the councillors and aldermen to fill up those vacancies.

 

 

46.Casual vacancies

:- (1) When a causal vacancy occurs in the office of the member of the Standing Committee, the Corporation 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 alderman.

 

(2) A member elected to fill a casual vacancy shall be elected to serve for the remainder of his predecessor's term of office.

 

 

47.Chairman and Deputy Chairman of the Standing Committee

:-  (1) The Standing Committee shall at its first meeting in each year elect one of its members 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 the members as Chairman or Deputy Chairman, as the case may be, and the Chairman or the Deputy Chairman so elected shall hold office for the remainder of his predecessor's term.

 

 

48.Resignation of Chairman and members of the Standing Committee

:-  (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.

 

 

49.Functions of the Standing Committee

:-  The Standing Committee shall exercise such powers and perform such functions as are specifically conferred or imposed upon it by or under this Act.

 

The Delhi Electric Supply Committee, the Delhi Transport Committee

and the Delhi Water Supply and Sewage Disposal Committee.

 

 

50.Constitution of the Delhi Electric Supply Committee, etc

.:- (1) The Delhi Electric Supply Committee, the Delhi Transport Committee, and the Delhi Water Supply and Sewage Disposal Committee shall each consist of seven members of whom four shall be elected by the councillors and alderman from among themselves at the first meeting of the Corporation after each general election or as soon as possible at any other meeting subsequent thereto :

 

Provided that at any time after the second general election of councillors the Central Government may, if in its opinion it is necessary or expedient so to do, increase the total number of members and the number of elected members so, however, as not to exceed nine and six respectively.

 

(2) The remaining three members of each such committee shall be nominated by the Central Government from among persons having knowledge and experience of administration and industrial, commercial, financial or labour matters and having also knowledge and experience of -

 

(a) electoral engineering or management of any electric supply undertaking, in the case of the Delhi Electric Supply Committee;

 

(b) management of any transport undertaking, in the case of the Delhi Transport Committee;

 

(c) management of any water supply or sewage disposal undertaking, in the case of the Delhi Water Supply and Sewage Disposal Committee.

 

(3) The nomination of the members of each such committee shall be made and communicated by the Central Government to the Commissioner before the election by the Corporation of the other members of that committee.

 

(4) Every such committee shall be deemed to have been constituted on and from the date of the election of those members thereof who are to be elected by the Corporation.

 

(5) One-half of the elected members of each such committee shall retire on the expiration of one year from the date of its constitution and for that purpose they shall be selected by lot before the said expiration in such manner as the chairman of that committee may determine.

 

(6) During each succeeding year the elected members who have been longest in office shall retire therefrom :

 

Provided that in the case of a member who has been re-elected the term of his office shall for the purpose of this sub-section be computed from the date of his re-election.

 

(7) The Corporation shall in an ordinary meeting held before the occurrence of the vacancies caused by the retirement of the elected members under sub-section (5) or sub-section (6) elect the requisite number of members from among the councillors and aldermen to fill up those vacancies.

 

(8) A nominated member shall hold office for both period as the Central Government may determine in each case and shall be entitled to receive allowances for attendance at meetings of the committee at such rate as may be determined by rules made in this behalf.

 

(9) Notwithstanding anything contained in the foregoing provisions of this section, no person shall be elected at the same time as a member of more than one of the committees constituted under this section.

 

 

51.Filling up of vacancies

:- (1) When a vacancy occurs in the office of a member of any of the committees constituted under section 50, the vacancy shall be filled up as soon as may be after, and in any case within one month of, the occurrence thereof, by the Corporation by the election of a councillor or an alderman or as the case may be, by the Central Government by the nomination of a suitable person as a member.

 

(2) A member elected to fill a casual vacancy shall be elected to serve for the remainder of his predecessor's term of office.

 

 

52.Application of sections 47 and 48

:- The provisions contained in sections 47 and 48 shall apply in relation to the Delhi Electric Supply Committee, the Delhi Transport Committee and the Delhi Water Supply and Sewage Disposal Committee as they apply in relation to the Standing Committee.

 

 

53.Functions of the Delhi Electric Supply Committee, the Delhi Transport Committee and the Delhi Water Supply and Sewage Disposal Committee

:- The Delhi Electric Supply Committee, the Delhi Transport Committee and the Delhi Water Supply and Sewage Disposal Committee shall respectively be responsible for the conduct and management of the Delhi Electric Supply Undertaking, the Delhi Transport Undertaking and the Delhi Water Supply and Sewage Disposal Undertaking and for the efficient discharge of such responsibility shall exercise such powers and perform such functions as are conferred or imposed by or under this Act.

 

The Commissioner.

 

 

54.Appointment, etc., of the Commissioner

:- (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 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 services at the disposal of that Government.

 

(3) The Central Government -

 

(a) shall remove the Commissioner from office if at special meeting of the Corporation called for the purpose a resolution for such removal has been passed by a majority of not less than three-fifths of the total number of members;

 

(b) may remove the Commissioner from office at any time if it appears to that Government that he is incapable of performing the duties of his office or has been guilty of neglect or misconduct in the discharge of such duties, which renders his removal expedient.

 

(4) The Commissioner shall not undertake any work commenced with his office without the sanction of the Central Government and of the Corporation.

 

 

55.Salary and allowances of the Commissioner

:- The Commissioner shall be paid out of the Municipal Fund such monthly salary and such monthly allowances, if any, as may from time 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.

 

 

56.Leave of absence of Commissioner

:- (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.

 

 

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

:- 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.

 

 

58.Service regulations of Commissioner

:- (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 allowances, his superannuation or retirement, his gratuity or pension 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 allowances, gratuity or pension shall in no case, without the special sanction of the Central Government, exceed what would be admissible in the case of Government servants of similar standing and status; and

 

(b) the conditions under which such allowances, gratuity or pension are granted or any leave, superannuation or retirement is sanctioned shall not without similar sanction be more favourable than those for the time being prescribed for such Government servants.

 

 

59.Functions of the Commissioner

:- Save as otherwise provided in this Act, the entire executive power for the purpose of carrying out the provisions of this Act other than those pertaining to the Delhi Electric Supply Undertaking or the Delhi Transport Undertaking and of any other Act for the time being in force which confers any power or imposes any duty of the Corporation, shall vest in the Commissioner who shall also -

 

(a) exercise all the powers and perform all the duties specially 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 such 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 may be made in his behalf, dispose of all questions relating to the service of the said officers and other employees and their pay, privileges, allowances and other conditions of service;

 

(c) on the occurrence or threatened occurrence of any sudden accident or any unforeseen event or natural calamity involving or likely to involve extensive damage to any property of the Corporation, or danger to human life, take such immediate action as he considers necessary and make a report forthwith to the Standing Committee and the Corporation of the action he has taken and the reasons for the same as also of the amount of cost, if any, incurred or likely to be incurred in consequence of such action, which is not covered by a budget-grant;

 

(d) exercise the powers and perform the duties conferred or imposed by or under this Act upon the General Manager (Electricity) or the General Manager (Transport) in his absence or on failure by him to exercise or perform the same.

 

The General Manager (Electricity) and the General Manager (Transport)

 

 

60.Appointment, etc., of the General Managers

:- (1) The Corporation shall, with the approval of the Central Government, appoint two suitable persons respectively as the General Manager (Electricity) and the General Manager (Transport.)

 

(2) Each of the two General Managers shall be appointed for a term of five years in the first instance but such appointment may be renewed from time to time with the approval of the Central Government for a term not exceeding five years at a time.

 

(3) The Corporation shall remove from office any of the General Managers if at a special meeting of the Corporation called for the purpose a resolution for such removal is passed by a majority of not less than three-fifths of the total number of members on the ground of neglect or misconduct or incapacity for the duties of his office, on the part of such General Manager.

 

(4) Any of the General Managers shall not undertake any work unconnected with his office without the sanction of the Corporation.

 

 

61.Salary and allowances of General Managers

:- Each of the General Managers shall be paid out of Municipal Fund such monthly salary and such allowances, if any, as may from time to time be fixed by the Corporation, with the approval of the Central Government.

 

 

62.Leave of absence to the General Managers, etc

.:- (1) Leave may be granted with the approval of the Corporation -

 

(a) to the General Manager (Electricity) by the Delhi Electric Supply Committee;

 

(b) to the General Manager (Transport) by the Delhi Transport Committee;

 

(2) Whenever any such leave is granted to any of the General Managers, the Corporation shall appoint another person to officiate in his place.

 

(3) If any vacancy occurs in the office of any of the General Managers on account of death, resignation or removal, the Corporation may appoint any person to officiate in his place :

 

Provided that no appointment under sub-section (2) or sub-section (3) for a period exceeding three months shall be made except with the approval of the Central Government.

 

 

63.Service regulations of the General Managers

:- The Corporation may take regulations relating to the conditions of service of the two General Managers.

 

 

64.Functions of the General Managers

:- (1) Save as otherwise provided in this Act, -

 

(a) the entire executive power for the purpose of carrying out the provisions of this Act pertaining to the Delhi Electric Supply Undertaking shall vest in the General Manager (Electricity) who shall also -

 

( i ) exercise all the powers and perform all the duties specifically conferred or imposed upon him by or under this Act and perform such other functions in connection with the Delhi Electric Supply Undertaking as may be required of him by the Delhi Electric Supply Committee and the Corporation;

 

( ii ) prescribe the duties of, and exercise supervision and control over all acts and proceedings of, all municipal officers and other municipal employees employed in connection with the Delhi Electric Supply Undertaking and subject to such regulations as may be made in this behalf, dispose of all matters relating to the service of the said officers and other employees and their pay, privileges, allowances and other conditions of service;

 

( iii )  on the occurrence or threatened occurrence of any sudden accident or any unforeseen event or natural calamity involving or likely to involve extensive damage to any property of the Corporation pertaining to the Delhi Electric Supply Undertaking or danger to human life arising from or in connection with any part of that Undertaking, take such immediate action as may appear necessary to him and after such action has been taken, make a report forthwith to the Delhi Electric Supply Committee and the Corporation of the Act he has taken and the reasons for the same as also the amount of cost, if any incurred or likely to be incurred in consequence of such action which is not covered by a budget-grant;

 

(b) the entire executive power for the purpose of carrying out the provisions of this Act pertaining to the Delhi Transport Undertaking shall vest in the General Manager (Transport.)

 

(2) The General Manager (Transport) shall exercise the same powers and perform the same duties in connection with the Delhi Transport Undertaking as are exercised and performed by the General Manager (Electricity) in connection with the Delhi Electric Supply Undertaking under sub-clause ( i ), ( ii ) and ( iii ) of clause (a) of sub-section (1) :

 

Provided that any reference in those sub-clauses to the Delhi Electric Supply Committee shall be construed as a reference to the Delhi Transport Committee.

 

Miscellaneous provisions relating to the various municipal authorities.

 

 

65.Appointment of sub-committees by the various committees

:- (1) The Standing Committee, the Delhi Electric Supply Committee, the Delhi Transport Committee or the Delhi Water Supply and Sewage Disposal 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 or 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 conform to such instruction as may be given to it by the committee by which it has been appointed.

 

 

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

:- (1) A person shall be disqualified for being appointed as the Commissioner, the General Manager (Electricity) or the General Manager (Transport) 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, or General Manager, as the case may be.

 

(2) If the Commissioner, or any of the General Managers, 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 Corporation in any particular case otherwise decides, be liables to be removed from his office by the order of the authority competent to remove him under the provisions of this Act :

 

Provided that before an order of removal is made, the Commissioner or such General Manager shall be given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.

 

 

67.Vacation of seats by members of committees

:- (1) If an elected member of the Standing Committee, the Delhi Electric Supply Committee, the Delhi Transport Committee or the Delhi Water Supply and Sewage Disposal Committee ceases to be a councillor or an alderman he shall cease to be a member of that committee and his seat shall thereupon become vacant.

 

(2) If a member of the Standing Committee, the Delhi Electric Supply Committee, the Delhi Transport Committee or the Delhi Water Supply and Sewage Disposal Committee, absents himself during three successive months from the meetings of the committee except on account if 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 thereupon become vacant.

 

 

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

:- The Standing Committee, the Delhi Electric Supply Committee, the Delhi Transport Committee or the Delhi Water Supply and Sewage Disposal Committee shall continue to function until a new committee is constituted in accordance with the provisions of this Act notwithstanding that the members or some of the members of such committee have ceased to be councillors or aldermen.

 

 

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

:- The Corporation may at any time call for any extract of any proceedings of the Standing Committee, the Delhi Electric Supply Committee, the Delhi Transport Committee, the Delhi Water Supply and Sewage Disposal 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.

 

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

.:- (1) The Corporation may at any time require the Commissioner -

 

(a) to produce any record, correspondence, plan or other document which is in his 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 or connected with any matter pertaining to the administration of this Act or the municipal government of Delhi except in regard to the Delhi Electric Supply Undertaking, or the Delhi Transport Undertaking;

 

(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 this Act or the municipal government of Delhi except in regard to the Delhi Electric Supply Undertaking or the Delhi Transport Undertaking.

 

(2) Every such requisition shall be complied with by the Commissioner without any unreasonable delay; and it shall be incumbent on every municipal officer and other municipal employee to obey any order made by the Commissioner in pursuance of any such requisition :

 

Provided that the Commissioner shall not be bound to comply with any such requisition if with the previous approval of the Mayor he makes a statement that such compliance would be prejudicial to public interest or to the interests of the Corporation.

 

(3) In their application to matters relating to the Delhi Electric Supply Undertaking or the Delhi Transport Undertaking, the provisions of sub-sections (1) and (2) shall have effect as if for the word "Commissioner", the words and brackets "General Manager (Electricity)", or as the case may be, the words and brackets "General Manger (Transport)" has been substituted.

 

 

71.Exercise of powers to be subject to sanction

:- 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 or, as the case may be, the Delhi Electric Supply Committee or the Delhi Transport Committee or the Delhi Water Supply and Sewage Disposal Committee, if it is incurred in the year next following such year, or

 

( ii ) of the Corporation, if it is incurred at any time after the next following year.

 

CHAPTER V

 

PROCEDURE

 

Transaction of business by the Corporation.

 

 

72.Meetings

:- (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 than one-fourth of the total number of councillors and aldermen, 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.

 

 

73.First meeting of the Corporation after general election

:- 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 of aldermen under section 14 and shall be convened by the Administrator.

 

 

74.Notice of meetings and business

:- A list of the business to be transacted at every meeting except at an adjourned meeting shall be sent to the address of each councillors and alderman at least seventy-two 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 or alderman 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 despatch take steps to circulate such regulation to every councillor and alderman in such manner as he may think fit.

 

 

75.Quorum

:- (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.

 

(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.

 

 

76.Presiding Officer

:- (1) The Mayor or in his absence, the Deputy Mayor, shall preside at every meeting of the Corporation.

 

(2) In the absence of both the Mayor and Deputy Mayor from the meeting, the members present shall elect one from among their own number 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.

 

 

77.Presiding Officer at meeting for the election of Mayor

:- Notwithstanding anything contained in section 76 -

 

(a) at a meeting for the election of a Mayor the Administrator shall nominate a councillor or an alderman 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, ther person presiding over the meeting shall decide between them by lot to be drawn in the presence of the candidates and in such manner as he may determine, and the candidate on whom the lot falls shall be deemed to have received an additional vote.

 

 

78.Method of deciding questions

:- (1) Save or 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 members 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 members, a declaration by the presiding officer at such meeting that a resolution has been carried or lost, and an entry to that effect in the minutes of the proceedings shall, for the purposes of this Act, be conclusive evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against such resolution.

 

(4) If voting as aforesaid is demanded, the votes of all the members present who desire to vote shall be taken under the direction of the presiding officer at the meeting and the result of the voting shall be deemed to be the resolution of the Corporation at such meeting.

 

 

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

:-  (1) The Mayor or the person presiding over a meeting shall preserve order threat 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 or alderman whose conduct is in his opinion grossly disorderly to withdraw immediately from the meeting, and any councillor or alderman so directed to withdraw shall do so forthwith and shall absent himself during the remainder of the meeting.

 

(3) If any councillor or alderman is ordered to withdraw a second time within fifteen days, the Mayor or the person presiding may suspend such councillor or alderman from attending the meetings of the Corporation for any period not exceeding fifteen days and the councillor or alderman so suspended shall absent himself accordingly:

 

Provided that the Mayor may at any time debate that such suspension be terminated :

 

Provided further that such suspension shall not debar the suspended councillor or alderman from serving on any committee or the Corporation of which he is a member.

 

(4) Subject to sub-section (5) every meeting shall be open to the public, unless a majority of the members present at the meeting decide that any inquiry or deliberation pending before the Corporation shall be held in private.

 

(5) The Corporation may make regulations for the purpose of admission of the members of the public to its meetings and for the removal by force, if necessary, or any members of the public admitted to a meeting for interrupting or disturbing the procedure of the meeting.

 

(6) In the case of a grave disorder arising in a meeting the Mayor or the person presiding may, if he thinks it necessary to do so, adjourn the meeting to a date specified by him.

 

 

80.Councillors or aldermen not to vote on matter in which they are interested

:- 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 in respect of which he is directly or indirectly interested, or any property of or for which he is a manager or agent.

 

 

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

:- (1) The Commissioner or any municipal officer authorised by him in his behalf may attend, speak in, or otherwise take part in the proceedings of, any meeting of the Corporation or any of its committees; and the General Manager (Electricity) or any municipal officer authorised by him in this behalf and the General Manager (Transport) 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 Delhi Electric Supply Committee and the Delhi Transport Committee respectively, 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 alderman may, subject to the provisions of sub-section (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 to ask a question shall be governed by the following conditions, namely: -

 

(a) not less than seven clear days' notice in writing specifying the question shall be given to the Municipal Secretary :

 

(b) no question shall -

 

( i ) bring in any name or statement not strictly necessary to make the question intelligible,

 

( ii ) contain arguments, ironical expressions, imputations, epithets or defamatory statements,

 

( iii ) ask for an expression of opinion or the solution of a hypothetical proposition,

 

( iii ) ask as to the character of conduct of any person except in his official or public capacity,

 

( v ) relate to a matter which is not primarily the concern of the Corporation or of any of the municipal authorities,

 

( vi ) make or imply a charge of a personal character,

 

( vii ) raise questions of policy too large to be dealt with within the limits of an answer to a question,

 

( viii ) repeat in substance questions already answered or to which an answer has been refused,

 

( ix ) ask for information on trivial matters,

 

( x ) ordinarily ask for information on matters of past history,

 

( xi ) ask for information set-forth in accessible documents or in ordinary works of reference,

 

( xii ) raise matters under the control of bodies or persons not primarily responsible to the Corporation,

 

( xiii ) ask for any information on matter which is under adjudication by a court of law.

 

(4) The Mayor shall disallow any question which is, in his opinion, in contravention of the provisions of sub-section (3).

 

(5) If any doubt arises whether any question is or is not in contravention of the provisions of sub-section (3), the Mayor shall decide the point and his decision shall be final.

 

(6) The Commissioner shall not be bound to answer a question if it asks for information which has been communicated to him in confidence or if the opinion of the Mayor it cannot be answered without prejudice to public interest or the interest of the Corporation.

 

(7) Unless otherwise directed by the Mayor or the presiding officer of the meeting, every question shall be answered by the Commissioner at a meeting of the Corporation.

 

(8) The General Manager (Electricity) and the General Manager (Transport) shall without unreasonable delay furnish the Commissioner with such information relating respectively to the Delhi Electric Supply Undertaking and the Delhi Transport Undertaking as the Commissioner may require for the purpose of answering any question under this section.

 

 

82.Power to make regulations

:- The Corporation may make regulations for the transactions 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.

 

Transaction of business by Standing and other committees.

 

 

83.Presiding Officers at meetings of the Standing and other committees

:- (1) The Chairman or in his absence the Deputy Chairman shall preside at every meeting of the Standing Committee, the Delhi Electric Supply Committee, the Delhi Transport Committee and the Delhi Water Supply and Sewage Disposal Committee or any other committee of the Corporation.

 

(2) In the absence of the Chairman and the Deputy Chairman from any meeting of the members of any such committee shall choose one of their number to preside over the meeting.

 

 

 

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

:- 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.

 

Minute and reports of proceedings.

 

 

85.Keeping of minutes and proceedings

:- Minutes, in which shall be recorded the names of the members present at, and the proceedings of each meeting of the councillors for the election of any alderman and of each meeting 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.

 

 

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

:- (1) Minutes of the proceedings of each meeting of the Corporation shall be circulated to all the members of the Corporation 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 member of the Corporation without charge and by any other person on payment of a fee of eight annas.

 

 

87.Forwarding minutes and reports of proceedings to the Administrator

:- (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.

 

Validation.

 

 

88.Validation of proceedings, etc

.:- (1) No act done or proceeding taken under this Act shall be questioned on the ground merely of -

 

(a) the seat of any councillor or alderman remaining unfilled from any cause whatsoever;

 

(b) the existence of any vacancy in, or any defect in the constitution of, the Corporation, or in any committee thereof;

 

(c) any councillor having voted 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 councillors for the election of any alderman or of the Corporation or of any committee thereof, the minutes of the proceedings of which have been duly drawn up and signed shall be deemed to have been duly convened and to be free from all defects and irregularities.

 

CHAPTER VI

 

MUNICIPAL OFFICERS AND OTHER MUNICIPAL EMPLOYEES.

 

 

 

89.Appointment of certain officers

:- (1) The Corporation shall appoint suitable persons to be respectively the Chief Engineer (Water Supply), the Municipal Engineer, the Municipal Health Officer, the Education Officer, the Municipal Chief Accountant, 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 Central 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 :

 

Provided that the Municipal Chief Auditor shall not be eligible for any other office under the Corporation after he has ceased to hold his office.

 

 

90.Schedule of permanent posts and creation of temporary posts

:- (1) The appropriate authority shall from time to time prepare and lay before the committee concerned two schedules 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 posts with a minimum monthly salary of not less than three hundred and fifty rupees and the second with posts with a minimum monthly salary of less than three hundred and fifty rupees.

 

(3) The committee concerned shall lay the first schedule with its comments thereon before the Corporation for its consideration and approval and shall sanction the second either without modifications or with such modifications as it thinks fit and thereafter may amend it either on its own motion after ascertaining the views of the appropriate authority or at the instance of such authority.

 

(4) The Corporation shall after considering the comments of the committee concerned, sanction the first schedule either without modifications or with such modifications as it thinks fit and thereafter may amend it either on its own motion after ascertaining the views of the appropriate authority and the committee concerned or at the instance of such authority or committee.

 

(5) The appropriate authority may create for a period not exceeding six months any post carrying a minimum monthly salary (exclusive of allowances) of two hundred and fifty rupees or more:

 

Provided that no such post shall be continued beyond the said period without the previous approval of the Corporation.

 

(7) In this section, "appropriate authority" and "committee concerned" mean respectively, -

 

( i ) in relation to officers and other employees appointed in connection with the affairs of the Delhi Electric Supply Undertaking, the General Manager (Electricity) and the Delhi Electric Supply Committee;

 

( ii ) in relation to officers and other employees appointed in connection with the affairs of the Delhi Transport Undertaking, the General Manager (Transport) and the Delhi Transport Committee;

 

( iii ) in relation to officers and other employees appointed in connection with the affairs of the Delhi Water Supply and Sewage Disposal Undertaking, the Commissioner and the Delhi Water Supply and Sewage Disposal Committee;

 

( iv ) in relation to all other officers and employees in the service of the Corporation, the Commissioner and the Standing Committee.

 

 

91.Restriction on employment of permanent officers and other employees

:- 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.

 

 

92.Power to make appointments

:- (1) Subject to the provisions of section 89 the power of appointing municipal officers and other municipal employees, whether temporary or permanent -

 

(a) to posts carrying a minimum monthly salary (exclusive of allowances) of three hundred and fifty rupees or more shall vest -

 

( i ) in the Delhi Electric Supply Committee, the Delhi Transport Committee and the Delhi Water Supply and Sewage Disposal Committee respectively in the case of officers and other employees appointed in connection with the affairs of the Delhi Electric Supply Undertaking, the Delhi Transport Undertaking and the Delhi Water Supply and Sewage Disposal Undertaking;

 

( ii ) in the Corporation in the case of all other municipal officers and employees;

 

(b) to posts carrying a minimum monthly salary (exclusive of allowances) of less than three hundred and fifty rupees, shall vest in the General Manager (Electricity), the General Manager (Transport), or the Commissioner, as the case may be :

 

Provided that the power of appointing officers and other employees immediately subordinate to the Municipal Secretary or the Municipal Chief Auditor, whose minimum monthly salary (exclusive of allowances) is less than three hundred and fifty rupees, shall vest in the Standing Committee :

 

Provided further that the Standing Committee may delegate to the Municipal Secretary or the Municipal Chief Auditor the power of appointing officers and other employees immediately subordinate to such Secretary or Auditor, whose minimum monthly salary (exclusive of allowances.) is not more than two hundred and fifty rupees.

 

(2) The claims of the members of the Scheduled Castes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments of municipal officers and other municipal employees.

 

 

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

:- No municipal officer or other municipal employee shall undertake any work unconnected with his duties under this Act except with the permission of the Corporation.

 

 

94.Officers and other employees not to be interested in any contract, etc., with 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 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 taken in regard to him.

 

 

95.Punishment for municipal officers and other employees

:- (1) Every municipal officer or other municipal employee shall be liable to have his increments or promotion withheld or to be ensured, 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.

 

(2) No such officer or other employee shall be punished under sub-section (1) unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him :

 

Provided that this sub-section shall not apply -

 

(a) where an officer or other employee is removed or dismissed on the ground of conduct which had led to his conviction on a criminal charge; or

 

(b) where the authority empowered to remove or dismiss such officer or other employee is satisfied that for some reason to be recorded by that authority, it is not reasonably practicable to give that person an opportunity of showing cause.

 

(3) If any question arises whether it is reasonably practicable to give to any officer or employee an opportunity of showing cause under sub-section (2), the decision thereon of the authority empowered to remove or dismiss such officer or other employee shall be final.

 

(4) An officer or other employee upon whom a punishment has been inflicted under this section may appeal to such officer or authority as may be prescribed by regulations.

 

 

96.Consultation with the Union Public Service Commission

:- No appointment to the post of the General Manger (Electricity) or the General Manager (Transport) or to any post carrying a minimum monthly salary of three hundred and fifty rupees or more (exclusive of allowance) shall be made except after consultation with the Union Public Service Commission (hereafter in his Chapter referred to as "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 be 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 I post; or

 

(d) to a permanent or temporary post, if the officer or other employee to be appointed is not likely to hold that post or more than one year; or if such officer or other employee is likely to hold the post for more than one year but not more than three years and the Commission advises that the appointment may be made without consulting the Commission.

 

 

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

:- (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, scrutinising 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.

 

 

98.Power of Corporation to make regulations

:- (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 sub-section (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 penalty under sub-section (1) of section 95, suspension pending departmental inquiries before the imposition of such penalty and the authority by whom such suspension may be ordered; the officer or authority to whom an appeal shall lie under sub-section (4) of that section;

 

(e) any other matter which is incidental to, or necessary for, the purpose of regulating the appointment and conditions of service of persons appointed to services and posts under the Corporation and any other matter for which in the opinion of the Corporation provisions should be made by regulations.

 

(2) No regulation under clause (c) of sub-section (1) shall be made except after consultation with the Commission.

 

CHAPTER VII

 

REVENUE AND EXPENDITURE

 

The Municipal Fund.

 

 

 

99.Constitution of the Municipal Fund

:- (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 moneys 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, regulation or bye-law made thereunder;

 

(g) all moneys received by or on behalf of the Corporation from the Government or any individual or association of individuals by way of grant or gift or deposit;

 

(h) all moneys received by or on behalf of the Corporation in respect of the operations of the Delhi Electric Supply Undertaking, the Delhi Transport Undertaking and the Delhi Water Supply and Sewage Disposal Undertaking;

 

( i ) all interests and profits arising from any investment of, or from transaction in connection with any money belonging to the Corporation, including loans advanced under this Act; and

 

( j ) all moneys received by or on behalf of the Corporation from any other source whatsoever;

 

shall form one Fund to be entitled the Municipal Fund of Delhi (hereafter in this Act referred to as "the Municipal Fund")

 

(2) The Municipal Fund shall be held by the Corporation in trust for the purposes of this Act subject to the provisions herein contained and shall be maintained in the following four accounts, namely : -

 

(a) the Electric Supply Account relating to all moneys received by or on behalf of the Corporation in respect of the operations of the Delhi Electric Supply Undertaking;

 

(b) the Transport Account relating to all moneys received by or on behalf of the Corporation in respect of the operations of the Delhi Transport Undertaking;

 

(c) the Water Supply and Sewage Disposal Account relating to all moneys received by or on behalf of the Corporation in respect of the operations of the Delhi Water Supply and Sewage Disposal Undertaking; and

 

(d) the General Account relating to all moneys received by or on behalf of the Corporation other than those specified in clause (a) or clause (b) or clause (c)

 

 

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

:- (1) All moneys payable to the credit of the Municipal Fund in the Water Supply and Sewage Disposal Account and the General Account shall be received by the Commissioner and shall be forthwith paid into the State Bank of India to the credit to the said Accounts which shall be respectively entitled "The Water Supply and Sewage Disposal Account of the Municipal Fund of Delhi" and "The General Account of the Municipal Fund of Delhi".

 

(2) All moneys payable to the credit of the Municipal Fund in the Electric Supply Account shall be received by the General Manager (Electricity) shall be forthwith paid into the State Bank of India to the credit of the Electric Supply Account which shall be entitled "The Electric Supply of Account of the Municipal Fund of Delhi".

 

(3) All moneys payable to the credit of the Municipal Fund in the Transport Account shall be received by the General Manager (Transport) and shall be forthwith paid into the State Bank of India to the credit of the Transport Account which shall be entitled "The Transport Account of the Municipal Fund of Delhi".

 

 

101.Operation of the Accounts

:- (1) Save or otherwise provided in this Act no payment shall be made by the State Bank of India out 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

 

(b) ( i ) the Commissioner or a Deputy Commissioner or an officer subordinate to the Commissioner authorised by the Standing Committee in this behalf, in the case of the General Account, or

 

( ii ) the General Manager (Electricity) or an officer subordinate to him authorised by the Delhi Electric Supply Committee in this behalf, in the case of Electric Supply account, or

 

( iii ) the General Manager (Transport) or an officer subordinate to him authorised by the Delhi Transport Committee in this behalf, in the case of Transport Account, or

 

( iv ) the Commissioner or the Chief Engineer (Water Supply) or an officer subordinate to the Commissioner authorised by the Delhi Water Supply and Sewage Disposal Committee in this behalf in the case of the Water Supply and Sewage Disposal Account.

 

(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) Payments not covered by sub-section (2) may be made in cash.

 

 

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

:- 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 notwithstanding 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 orders of the Central Government on failure of the Corporation to take any action as required by that Government; or

 

( ii ) under any other enactment for the time being in force; or

 

( iii ) under the decree or order of a civil or criminal court passed against the Corporation; or

 

( iv ) under a compromise of any claim, suit or other legal proceedings; or

 

( v ) on account of cost incurred in taking immediate action by the Corporation or any of the municipal authorities to avert a sudden threat of danger to the property of the Corporation or to human life;

 

(d) temporary payments for works urgently required by the Central Government in the public interest ;

 

(e) sums payable as compensation under this Act or under any rules, regulations or bye-laws made thereunder;

 

(f) expenses incurred by the Corporation on special measures taken on the outbreak of dangerous diseases.

 

 

103.Duty of persons signing cheques

:- 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.

 

 

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

:- Whenever any sum is expended under clauses (c), (e) or (f) of the proviso to section 102 the Commissioner, or as the case may be, the General Manager (Electricity) or the General Manager (Transport) shall forthwith communicate the circumstances to the Standing Committee, or the Delhi Water Supply and Sewage Disposal Committee, or as the case may be, the Delhi Electric Supply Committee or the Delhi Transport 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.

 

 

105.Application of Municipal Fund

:- (1) The moneys from time to time credited to the Municipal Fund shall be applied 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  which payment is duly directed, sanctioned or required by or under any of the provisions of the 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.

 

 

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

:- (1) On the written requisition of a Secretary to the Central Government, the General Manager (Electricity) in the case of any work in connection with the Delhi Electric Supply Undertaking, the General Manager (Transport) in the case of any work in connection with the Delhi Transport Undertaking and the Commissioner in the case of any other work, 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 the receipt of any requisition under sub-section (1) the Commissioner or as the case may be, the General Manager (Electricity) or the General Manager (Transport) shall forthwith forward a copy thereof to the Corporation together with a report of the steps taken by him in pursuance of the same.

 

 

107.Transfer of surplus moneys from one account to another and investment thereof

:- (1) Surplus moneys standing at the credit of any of the accounts of the Municipal Fund which cannot immediately or at an early date be applied for the purposes specified in section 105 may be transferred by the Corporation either in whole or in part to any other account of that Fund :

 

Provided that no such money shall be transferred permanently from any of the accounts (other than the Water Supply and Sewage Disposal Account) to any other of the said accounts without the previous approval of the Central Government.

 

(2) Surplus moneys which are not transferred under sub-section (1) 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.

 

(3) The loss, if any, arising from such deposit or investment shall be debited to the account concerned of the Municipal Fund.

 

Special funds.

 

 

108.Constitution of special funds

:- (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.

 

Budget estimates.

 

 

 

109.Adoption of budget estimates

:-.(1) The Corporation shall, on or before the 31st day of March of every year, adopt for the ensuing year the following budget estimates, namely : -

 

(a) budget estimate (general) 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;

 

(b) budget estimate (electric supply) which shall be an estimate of the income and expenditure of the Corporation to be received and incurred on account of the Delhi Electric Supply Undertaking;

 

(c) budget estimate (transport) which shall be an estimate of income and expenditure of the Corporation to be received and incurred on account of the Delhi Transport Undertaking; and

 

(d) budget estimate (water supply and sewage disposal) which shall be an estimate of the income and expenditure of the Corporation to be received and incurred on account of the Delhi Water Supply and Sewage Disposal Undertaking.

 

(2) On or before the 15th day of February of each years 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 manner and shall provide for all such matters as are prescribed by regulations made in this behalf.

 

 

110.Power of Corporation to alter budget estimates

:- (1) On the recommendation of -

 

(a) the Standing Committee in respect of the budget estimate (general),

 

(b) the Delhi Electric Supply Committee in respect of the budget estimate (electric supply),

 

(c) the Delhi Transport Committee in respect of the budget estimate (transport), and

 

(d) the Delhi Water Supply and Sewage Disposal Committee in respect of the budget estimate (water supply and sewage disposal),

 

the Corporation may from time to time during that year -

 

( i ) increase the amount of any budget-grant under any head,

 

( ii ) make an additional budget-grant for the purpose of meeting any special or unforeseen requirement arising during the said year,

 

( iii ) transfer the amount or portion of the amount of the budget-grant under any head to the account of the budget-grant under any other head, or

 

( iv) 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 of rupees or such higher sum as the Corporation may determine in respect of each budget estimate.

 

(2) Every increase in a budget-grant and every additional budget-granted made in any year under sub-section (1) shall be deemed to be included in the budget estimates finally adopted for that year.

 

(3) The Standing Committee may from time to time during the year -

 

(a) reduce the amount of a budget-grant, or

 

(b) sanction the transfer of any amount within a budget-grant :

 

Provided that every reduction if it exceeds five hundred rupees shall be reported forthwith by Standing Committee to the Corporation and the Standing Committee and the Commissioner shall give effect to any order that may be passed by the Corporation by relation thereto.

 

(4) The Commissioner may, from time to time during the year, sanction the transfer of any amount not exceeding five thousand rupees within a minor head if such transfer does not involve a recurring liability :

 

Provided that every such transfer, if it exceeds five hundred rupees, shall be reported forthwith by the Commissioner to the Standing Committee and the Commissioner shall give effect to any order that may be passed by that Committee in relation thereto.

 

(5) In sub-section (3) or in sub-section (4), -

 

(a) any reference to the Standing Committee and the Commissioner shall be construed as a reference respectively to -

 

( i ) the Delhi Electric Supply Committee and the General Manager (Electricity) if the reduction or transfer is in relation to the budget estimate (electric supply);

 

( ii ) the Delhi Transport Committee and the General Manager (Transport) if the reduction or transfer is in relation to the budget estimate (transport); and

 

(b) any reference to the Standing Committee shall be construed as a reference to the Delhi Water Supply and Sewage Disposal Committee if the reduction or transfer is in relation to the budget estimate (water supply and sewage disposal.)

 

 

111.Power of Corporation to re-adjust income and expenditure during the year

:- (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 year's income to the expenditure.

 

(2) For the purposes of sub-section (1), the Corporation may either diminish the sanctioned expenditure of the year so far 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 cesses, fees, fares and other charges leviable under this Act, or to adopt all or any of those methods.

 

 

112.Provisions as to unexpended budget-grant

:- If the whole or any part of any budget-grant included in the budget estimates for the 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 or, as the case may be, the Delhi Electric Supply Committee, or the Delhi Transport Committee or the Delhi Water Supply and Sewage Disposal Committee 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.

 

CHAPTER VIII

 

TAXATION

 

Levy of taxes.

 

 

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

:-  (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;

 

(b)  a local rate on land revenues;

 

(c)  a tax on professions, trades, callings and employments;

 

(d)  a tax on the consumption or sale of electricity;

 

(e)  a betterment tax on the increase in urban land values caused by the execution of any development or improvement work;

 

(f)  a tax on boats; and

 

(g)  tolls.

 

(3)  The taxes specified in sub-section (1) and sub-section (2) shall be levied, assessed and collected in accordance with the provisions of this Act and the bye-laws made thereunder.

 

Property taxes.

 

 

114.Components and rates of property taxes

:-  (1) Save as otherwise provided in this Act, the property taxes shall be levied on lands and buildings in Delhi and shall consist of the following, namely : -

 

(a)  a water tax of such percentage of the rateable value of lands and buildings as the Corporation may deem reasonable for providing water supply in Delhi;

 

(b)  a scavenging tax of such percentage of the rateable value of lands and buildings as the Corporation may deem reasonable for providing for the collection, removal and disposal by municipal agency of all filth and polluted and obnoxious matter from latrines, urinals and cesspools and for efficiently maintaining and repairing the municipal drains constructed or used for the reception or conveyance of such filth or polluted and obnoxious matter ;

 

(c)  a fire tax of such percentage of the rateable value of lands and buildings as the Corporation may deem reasonable for providing for the expense necessary for the conduct and management of the Fire Service Undertaking and for the protection of life and property in the case of fire;

 

(d)  a general tax -

 

( i ) of not less than ten and not more than twenty per cent.of the rateable 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 general tax shall be levied during any year, determine that the rate leviable in respect of lands and buildings or portions of lands and buildings in which any particular class of trade or business is carried on shall be higher than the rate determined in respect of other lands and buildings or portions of other lands and buildings by an amount not exceeding one-half of the rate so fixed.

 

Explanation.-  Where any portion of a land and building is liable to a higher rate of the general tax such portion shall be deemed to be a separate property for the purpose of municipal taxation.

 

(2)  The Corporation may exempt from the general tax lands and buildings of which the rateable value does not exceed one hundred rupees.

 

 

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

:-  (1)  Save as otherwise provided in this Act, the water tax shall be levied only in respect of lands and buildings -

 

(a)  to which a water supply is furnished from, or which are connected by means of pipes with, municipal water works; or

 

(b)  which are situated in any portion of Delhi in which the Commissioner has given public notice that sufficient water is available from municipal water works for a reasonable supply to all the lands and buildings in the said portion.

 

(2)  Save as otherwise provided in this Act, the scavenging tax shall be levied only in respect of lands and buildings -

 

(a)  in which there is a latrine, urinal, cesspool, bathing place or cooking place connected with a municipal drain; or

 

(b)  which are situated in any portion of Delhi in which the Commissioner has given public notice that the collection, removal and disposal of all filth and polluted and obnoxious matter from latrines, urinals and cesspools will be undertaken by municipal agency :

 

Provided that the said tax shall not be levied in respect of any land or building, in or upon which, in the opinion of the Commissioner, no filth or polluted and obnoxious matter accumulates or is deposited.

 

(3)  The fire tax shall be levied in respect of all lands and buildings in Delhi in respect of which the general tax is levied or would have been levied but for the exemption specified in sub-section (4) :

 

Provided that the fire tax shall not be levied in any rural area until the Commissioner has given public notice that the Corporation has undertaken to render fire service in that area through the agency of the municipal fire-brigade.

 

(4)  Save as otherwise providing 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 which relates exclusively to religious teaching ;

 

(b)  lands and buildings vested in the Corporation and not used or intended to be used exclusively for the purposes of the Delhi Electric Supply Undertaking, or the Delhi Transport Undertaking, or the Delhi Water Supply and Sewage Disposal Undertaking, in respect of which the said tax, if levied, would under the provisions of this Act be leviable primarily on the Corporation,

 

(c)  agricultural lands and buildings (other than dwelling houses).

 

(5)  Lands and buildings or portions thereof shall not be deemed to be exclusively occupied and used for public worship or for a charitable purpose within the meaning of clause (a) of sub-section (4), if any trade of business is carried on such lands and buildings or portions thereof of if in respect of such lands and buildings or portions thereof, any rent is derived.

 

(6)  Where any portion of  land or building is exempt from the general tax by reason of its being exclusively occupied and used for public worship or for a charitable purpose such portion shall be deemed to be a separate property for the purpose of municipal taxation.

 

 

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

:-  (1)  The rateable value of any land or building assessable to property taxes shall be 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 command 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 on rateable value and the deduction of the water tax shall be made as provided therein :

 

Provided further that in respect of any land or building the standard rent of which has been fixed under the Delhi and Ajmer Rent Control Act, 1952, the rateable value thereof shall not exceed the annual amount of the standard rent so fixed.

 

(2)  The rateable value of any land which is not built upon but is capable of being built upon and of any land on which a building is in  process of erection shall be fixed at five per cent.of the estimated capital value of such land.

 

(3)  All plant and machinery contained or situate in or upon any land or building and belonging to any of the classes specified from time to time by public notice by the Commissioner with the approval of the Standing Committee, shall be deemed to form part of such land or building for the purpose of determining the rateable value thereof under sub-section (1) but save as aforesaid no account shall be taken of the value of any plant or machinery contained or situated in or upon any such land or building.

 

 

117.Charge by measurement in lieu of water tax in certain cases

:-  (1)  The Commissioner may in such cases as the Delhi Water Supply and Sewage Disposal Committee may either generally or specifically direct, instead of levying water tax in respect of any land or building liable thereto under section 115, charge for the water supplied to such land or building by measurement at such rate as shall from time to time be prescribed by that Committee in this behalf.

 

(2)  The Delhi Water Supply and Sewage Disposal Committee may, for the cases in which the Commissioner charges for water supplied by measurement under sub-section (1), prescribe such conditions as it may think fit regarding the use of the water and regarding the charge to be paid for water consumed whilst a meter is out of order or under repair :

 

Provided that no condition prescribed under this sub-section shall be inconsistent with this Act or with any bye-law made thereunder.

 

(3)  A person who is charged for water supplied by measurement shall not be liable for payment of water tax, but any sum payable by him on account of water and not paid when it becomes due shall be recoverable by the Commissioner as an arrear of water tax under this Act.

 

(4)  In prescribing charges for water supplied by measurement under sub-section (1), it shall be lawful for the Delhi Water Supply and Sewage Disposal Committee to prescribe different rates in respect of different classes of lands and buildings.

 

 

118.Special rates of scavenging tax in certain cases

:-  (1)  The Commissioner may, whenever he thinks fit, fix the scavenging tax to be paid in respect of any hotel or club or any other large premises at such special rate as may be approved by the Delhi Water Supply and Sewage Disposal Committee in this behalf either generally or in any particular case, whether the service in respect of which such tax is leviable is performed by scavengers or by substituted means or appliances.

 

(2)  In the cases referred to in sub-section (1), the amount of the scavenging tax shall be fixed with reference to the cost or the probable cost of the collection, removal and disposal, by municipal agency, of filth and polluted and obnoxious matter from the hotels, clubs and large premises referred to in that sub-section.

 

 

119.Taxation of Union properties

:-  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 in this 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.

 

 

120.Incidence of property taxes

  (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.

 

(2)  If any land has been let for a term exceeding one year to a tenant and such tenant has built upon the land, the property taxes assessed in respect of that land and the building erected thereon shall be primarily leviable upon the said tenant, whether the land and building are in the occupation of such tenant or a sub-tenant of such tenant.

 

Explanation.-  The term "tenant" includes any person deriving title to the land or the building erected upon such land from the tenant whether by operation of law or by transfer inter vivos.

 

(3)  The liability of the several owners of any building which is, or purports to be, severally owned in parts or flats or rooms, for payment of property taxes or any instalment thereof payable during the period of such ownership shall be joint and several.

 

 

121.Apportionment of liability for property taxes when the premises assessed are let or sub-let

:-  (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 be, the difference between any sum recovered under this section from such tenant or sub-tenant and the amount of property taxes which would be leviable in respect of the said land or building if the rateable value thereof were equal to the difference between the amount of rent which such tenant or sub-tenant receives and the amount of rent which he pays.

 

(3)  Any person entitled to received any sum under this section shall have, for the recovery thereof, the same rights and remedies as if such sum were rent payable to him by the person from whom he is entitled to receive the same.

 

 

122.Recovery of property taxes from occupiers

:-  (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 from him to such person.

 

 

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

:-  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 person 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 persons liable for such taxes.

 

Explanation.- The term "property taxes" in this section shall be deemed to include -

 

( i )  charges payable under sections 117 and 118, and

 

( ii ) the costs on recovery of property taxes and the penalty, if any, payable as specified in the bye-laws.

 

 

124.Assessment list

:-  (1)  Save as otherwise provided in this Act, the Corporation shall cause as 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 buildings and the assessments of property taxes in respect of lands and buildings, entered in the assessment list, and in all cases in which any land or building is for the first time assessed, or the assessment is increased, he shall also give written notice thereof to the owner or to any lessee or occupier of the land or building.

 

(4)  Any objection to a rateable value or assessment or any other matter as entered in the assessment list shall be made in writing to the Commissioner before the date fixed in the notice and shall state in what respect the rateable value, assessment or other matter is disputed, and all objections so made shall be recorded in a register to be kept for the purpose.

 

(5)  The objections shall be inquired into and investigated, and the persons making them shall be allowed an opportunity of being heard either in person or by authorised agent, by the Commissioner or by any officer of the Corporation authorised in this behalf by the Commissioner.

 

(6)  When all objections have been disposed of, and the revision of the rateable value and assessment has been completed, the assessment list shall be authenticated by the signature of the Commissioner or, as the case may be, the officer authorised by him in his behalf, who shall certify that except in the cases, if any, in which amendments have been made as shown therein no valid objection has been made to the rateable values or assessments or any other matters entered in the said list.

 

(7)  The assessment list so authenticated shall be deposited in the office of the Corporation and shall be open, free of charge during office hours to all owners, lessees and occupiers of lands and buildings comprised therein or the authorised agents of such persons, and a public notice that it is so open shall forthwith be published.

 

 

125.Evidential value of assessment list

:-  Subject to such alterations 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 of all lands and buildings to which such entries respectively relate : and

 

(b)  for the purposes of any tax levied on lands or buildings of the amount of each such tax leviable thereon during the year to which such list relates.

 

 

126.Amendment of assessment list

:-  (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 accident; or

 

(g)  by inserting or altering an entry in respect of any building erected, re-erected, altered or added to, after the preparation of the assessment list :

 

Provided that no person shall by reason of any such amendment become liable to pay any tax or increase of tax in respect of any period prior to the commencement of the year in which the amendment is made.

 

(2)  Before making any amendment under sub-section (1) the Commissioner shall give to any person affected by the amendment, notice of not less than one month that he proposes to make the amendment and consider any objections which may be made by such person.

 

 

127.Preparation of new assessment list

:-  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 and assessments contained in the list for any year, with such alterations as may in particular cases be deemed necessary, as the rateable values and assessments for the year following, giving the same public notice as well as individual notices, to persons affected by such alterations, of the rateable values and assessments as if a new assessment list had been prepared.

 

 

128.Notice of transfers

:-  (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 its 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 for 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 or the other person on whom the title devolves shall, if so required, be bound to produce before the Commissioner any documents evidencing the transfer or devolution.

 

(4)  Every person who makes a transfer as aforesaid without giving such notice to the Commissioner shall, in addition to any penalty to which he may be subjected under the provisions of this Act, continue liable for the payment of all property taxes from time to time payable in respect of the land or building transferred until he gives such notice or until the transfer has been recorded in the Commissioner's book, but nothing in this section shall be held to affect the liability of the transferee for the payment of the said tax.

 

(5)  The Commissioner shall record every transfer or devolution of title notified to him under this section in his books and in the assessment list.

 

 (6)  On a written request by the Commissioner, the registrar or sub-registrar of Delhi appointed under the Indian Registration Act, 1908(16 of 1908), shall furnish such particulars regarding the registration of instruments of transfer of immovable properties in Delhi, as the Commissioner may from time to time require.

 

(7)  Such information shall be furnished as soon as may be after the registration of an instrument of transfer is effected, or , if the Commissioner so requests, by periodical returns at such intervals as the Commissioner may fix.

 

 

129.Notice of erection of building, etc

.:-  When any new building is erected or when any building is re-built or enlarged or when any building which has been vacant is re-occupied, 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 date of its enlargement or re-occupation; and property taxes shall be assessable on the building from the said date.

 

 

 

130.Notice of demolition or removal of building

:- (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 would have been liable to pay in respect of such building if the same or any portion thereof had not been demolished or removed.

 

 

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

:-  (1)  To enable him to determine the rateable value of any land of 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 buildings ;

 

(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 connected with the determination of the value of such land or building.

 

(2)  Every owner or occupier on whom any such requisition is made shall be bound to comply with the same and to give true information or to make a true return to the best of this knowledge or belief.

 

(3)  Whoever omits to comply with any such requisition or fails to give true information or to make a true return to the best of his knowledge or belief, shall, in addition to any penalty to which he may be liable, be precluded from objecting to any assessment made by the Commissioner in respect of such land or building of which he is the owner or occupier.

 

 

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

:-  Notwithstanding that any land or building is owned by, or let to, two or more persons in severalty, 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 the 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 severalty, treat, subject to any bye-law made in his behalf, each such several part, or two or more of such several parts together, as a separate property and assess such part of parts to property taxes accordingly.

 

 

133.Assessment in case of amalgamation of premises

:-  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 re-valuation of any of the said premises.

 

 

134.Power of Commissioner to assess separately out-houses and portions of buildings

:-  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.

 

 

135.Power of Commissioner to employ valuers

:-  (1)  The Commissioner may, if he thinks fit, employ one or more competent persons to give advice or assistance in connection with the valuation of any land or building, 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.

 

Tax on vehicles and animals.

 

 

136.Tax on certain vehicles and animals and rates thereof

:-  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.

 

 

137.The tax on whom leviable

:-  The tax on vehicles or animals shall be leviable upon the owner of , or the person having possession or control of, 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 injured, the sick or the dead;

 

(c)  children's perambulators or tricycles.

 

 

138.Tax when payable

:- The tax on vehicles or animals shall be payable in advance Tax in such number of instalments and in such manner as may be determined by bye-laws made in this behalf.

 

 

139.Power of Commissioner to compound with livery stable 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 or other person keeping vehicles for hire or animals for sale or hire, for a lump sum to be paid in respect of the vehicles or animals so kept in lieu of the taxes leviable under section 136 which such livery stable keeper or other person would otherwise be liable to pay.

 

Theatre-tax.

 

 

140.Theatre-tax

:-  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 thereat, at such rates not exceeding those specified in the Fourth Schedule as the 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 provided for partly educational or partly purposes by a society not conducted or established for profit.

 

 

141.Liability to pay theatre-tax

:-  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.

 

Taxes on advertisements other than advertisements published in the newspapers.

 

 

 

142.Tax on advertisements

:-   (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 cinematograph), shall pay for 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

 

(b)  is exhibited within the window of any building if the advertisement relates to the trade, profession or business carried in that building; or

 

(c)  relates to the trade, profession, or business carried on within the land or building upon or over which such advertisement is exhibited or to any sale or letting of such land or building or any effects therein or to any sale, entertainment, or meeting to be held on or upon or in the same; or

 

(d)  relates to the name of the land or building upon or over which the advertisement is exhibited, or to the name of the owner or occupier of such land or building; or

 

(e)  relates to the business of a railway administration and is exhibited within any railway station or upon any wall or other property of a railway administration; or

 

(f)  relates to any activity of the Central Government or the Corporation.

 

(2)  The tax on any advertisement leviable under this section shall be payable in advance in such number of instalments and in such manner as may be determined by bye-laws made in this behalf.

 

Explanation  1.- The word "structure" in this section includes any movable board on wheels used as an advertisement or an advertisement medium.

 

Explanation  2.- The word "advertisement" in relation to a tax on advertisement under this Act means any word, letter, model, sign, placard, notice, device or representation, whether illuminated or not, in the nature of and employed wholly or in part for the purposes of advertisement, announcement or direction.

 

 

143.Prohibition of advertisements without written permission of the Commissioner

:-  (1)  No advertisement shall erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding, frame post 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 relates and no fee shall be charged in respect of such permission.

 

 

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

:-  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 structure over which the advertisement is erected, exhibited, fixed or retained is demolished or destroyed.

 

 

145.Presumption in case of contravention

:-  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 provision of this Act or any bye-laws made thereunder, it shall be presumed, 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.

 

 

146.Power of Commissioner in case of contravention

:-  If any advertisement is erected, exhibited, fixed or retained in contravention of the provisions of section 143, the Commissioner may require the owner to occupier of the land, building, wall, hoarding, frame, post, 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.

 

Duty on transfer of property.

 

 

147.Duty on transfer of property and method of assessment thereof

:-  (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, 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.

 

( i ) Sale of immovable property                                             The amount or value of the consideration

                                                                                                 for the sale, as set forth in the instrument.

 

( ii ) Exchange of immovable property                                    The value of the property of the greater

                                                                                                 value, as set forth in the instrument.

 

( iii ) Gift of immovable property                           The value of the property, as set forth

          in the instrument.

 

( iv ) Mortgage with possession of            The amount secured by the mortgage as set

  immovable property           forth in the instrument.

 

( iv )  Lease in perpetuity of                                                     The amount equal to one-sixth of the whole

   immovalble property               amount or value of the rent which would be

           paid or delivered in respect of the first fifty

           years of the lease as set forth in the instru-

          ment.

 

 

148.Provisions applicable on the introduction of transfer duty

:-  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 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.

 

Tax on buildings payable along with the application for sanction of building plans.

 

 

149.Tax on building application

:-  (1)  Save or otherwise provided in this Act, the Corporation shall levy a tax on building 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 a building plan and shall be payable along with the same.

 

Other taxes.

 

 

150.Imposition of 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 the section 113, defining the maximum rate of the tax to be levied, the class or classes of persons or the description or descriptions of articles and properties to be taxes 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 Central 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 the tax shall be leviable; and the tax shall come into force on the first day of the quarter of the year next following the date on which such second resolution is passed.

 

(4)  After a tax has been levied in accordance with the foregoing provisions of this section, the provisions of this section, the provisions of sub-section (2) of section 109, shall apply in relation to such tax as they apply in relation to any tax imposed under sub-section (1) of section 113.

 

Supplementary taxation.

 

 

151.Supplementary taxation

:-  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.

 

Payment and recovery of taxes.

 

 

152.Time and mauner of payment of taxes

:-  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.

 

 

153.Presentation of bill

:-  (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.

 

 

154.Notice of demand and notice-fee

:-  (1)  If the amount of the 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 liable for the payment of the same a notice of damned in the form set forth in the Seventh Schedule.

 

(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.

 

 

155.Penalty in case of default of payment of taxes

:-  (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.

 

 

156.Recovery of tax

:-  (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 Eighth 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.

 

 

157.Distress

:-  (1)  It shall be lawful for any officer or other employee 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 implements of husbandry, seed, grain and such cattle as may be necessary to enable the defaulter to earn his livelihood;

 

(b)  the distress shall not be excessive, that is to say, the property distrained shall be as nearly as possible equal in value to the amount recoverable under the warrant, and if any property has been distrained which, in the opinion of the Commissioner, should not have been distrained, it shall forthwith be released.

 

(2)  The person charged with the execution of a warrant of distress shall forthwith make an inventory of the property which he seizes under such warrant, and shall, at the same time, give a written notice in the form set forth in the Ninth Schedule, to the person in possession thereof at the time of seizure that the said property will be sold as therein mentioned.

 

 

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

:-  (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 exceed 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 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 defaulter from transferring or charging and property in any way, and all persons from taking any benefit from such transfer or charge, and declaring that such property would be sold unless the amount of tax due with all costs of recovery is paid into the municipal office within fifteen days from the date of the attachment.

 

(4)  Such order shall be proclaimed at some place on or adjacent to such property by beat of drum or other customary mode and a copy of the order shall be affixed on a conspicuous part of the property and upon a conspicuous part of the municipal office and also, when the property is laid paying revenue to the Government, in the office of the collector.

 

(5)  Any transfer of or charge on the property attached or any interest therein made without written permission of the Commissioner shall be void as against all claims of the Corporation enforceable under the attachment.

 

(6)  The surplus of the sale-proceeds, if any shall, immediately after the sale of the property, be credited to the Municipal Fund and notice of such credit shall be given at the same time to the person whose property has been sold or his legal representative and if the same is claimed by written application to the Commissioner within one year from the date of the notice, a refund thereof shall be made to such person or representative.

 

(7)  Any surplus not claimed within one year as aforesaid shall be the property of the Corporation.

 

(8)  For every distraint and attachment made in accordance with the foregoing provisions, a fee of such amount not exceeding two-and-a-half per cent.of the element of the tax due as shall in each case be fixed by the Commissioner, shall be charged, and the said fee shall be included in the costs of recovery.

 

 

159.Recovery from a person about to leave Delhi

:-  (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 hereinbefore provided, and in the warrant of distress or attachment and sale may be issued and executed without any delay.

 

 

160.Power to institute suit for recovery

:-  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 by a suit in any court of competent jurisdiction.

 

 

161.Power of seizure of vehicles and animals, in case of non-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 moveable property as hereinbefore 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 to discharge of the sum due and the charges incurred as aforesaid.

 

(2)  The surplus, if any, remaining after the application of the sale-proceeds under sub-section (1) shall be disposed of in the manner laid down in sub-sections (6) and (7) of section 158.

 

 

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

:-  (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 portion of the sum due shall been laid 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 from the person primarily liable for the payment of such tax any amount for which credit is claimed as aforesaid.

 

(3)  If any occupier fails to pay to the Corporation any rent due or falling due which he has been required to pay in pursuance of a notice served upon him as aforesaid, the amount of such rent may be recovered from him by the Corporation as an arrear of tax under this Act.

 

Remission and refund.

 

 

163.Demolition, etc., of buildings

:-  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.

 

 

164.Remission or refund of tax

:-  If any land or 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, such portion of any tax assessed on the rateable value thereof as may be proportionate to the number of days during which the said land or building has remained vacant and unproductive of rent:

 

Provided that no remission or refund of the water tax shall be allowed under this section unless an application in such form as may be prescribed by bye-laws made in this behalf has been made to the Commissioner to stop the supply of water to such land or building or unless the Commissioner is satisfied that having regard to the circumstances of any case such remission or refund should be allowed.

 

 

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

:-  (1)  For the purpose of obtaining a period 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 tenement, 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.

 

 

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

:-  No remission or refund under section 164 or section 165 shall be made unless notice in writing of the fact that the land, building of 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 the delivery of such notice.

 

 

167.What buildings, etc., are to be deemed vacant

:-  (1)  For the purposes of actions 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.

 

 

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

:- 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 re-occupation of such land, building or tenement within fifteen days of such re-occupation.

 

 

Appeals.

 

 

169.Appeal against assessment, etc

.:-   (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 case, 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).

 

(4)  In every appeal, the costs shall be in the discretion of the court.

 

(5)  Costs awarded under this section to the Corporation shall be recoverable by the Corporation as an arrest of tax due from the appellant.

 

(6)  If the Corporation fails to pay any costs awarded to an appellant within ten days after the date of the order for payment thereof, the court may order the Commissioner to pay the amount to the appellant.

 

 

170.Conditions of right to appeal

:-  No appeal shall be heard or determined under 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 therefor by this section if the appellant satisfies the court that he had sufficient cause for not preferring the appeal within that period;

 

(b)  the amount, if any, in despite in the appeal has been deposited by the appellant in the office of the Corporation.

 

 

171.Finality of appellate orders

:-  The order of the court confirming, setting aside or modifying an order in respect of any rateable value or assessment of 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.

 

 

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

:-   (1)  The Commissioner may, without giving any previous notice, enter upon and make an 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 believe 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 summons, require the attendance before him of any person whom he has reason to believe to be liable to the payment of a tax in respect of a vehicle or animal or of any servant of any such person and may examine such person or servant as to the number and description of vehicles and animals owned by or in the possession or under the control of each person; and every person or servant or such person so summoned shall be bound to attend before the Commissioner and to give information to the best of his knowledge and belief as to the said matters.

 

 

173.Composition

:-  (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 arrest of tax under this Act.

 

 

174.Irrecoverable debts

:-   (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).

 

 

175.Obligation to disclose liability

:-  (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, to be assessed at such amount on account of tax as the Commissioner may deem proper, and the assessment so made shall, subject to the provisions of this Act, be final.

 

 

176.Immaterial error not to affect liability

:-  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, or of any mistake in the amount of the assessment, charge or demand, 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 taxes or assessed is so described as to be generally known; and it shall not be necessary to name the owner or occupier thereof.

 

 

177.General power of exemption

:-  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 of goods.

 

Terminal taxes on goods.

 

 

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

:-   (1)  On and from the date of the establishment of the Corporation under section 3, there shall be levied on 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 goods so, however, that where the rates are increased, the increased rates shall not be more than treble the rates so specified.

 

(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, for reasons specified in the notification, cease to be levied.

 

 

179.Recovery of terminal taxes

:-  (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.

 

 

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

:-  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 collection 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.

 

 

181.Power of exemption

:-  The Central Government may, by notification n the Official Gazette, exempt either wholly or in part from the payment of terminal tax imposed by this Act any class of goods.

 

 

182.Powers and liabilities of persons authorised to collect terminal taxes

:-  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 Customs, 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 or 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.

 

 

183.Power to make rules

:-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 collection of the terminal tax.

 

Taxes on motor vehicles and taxes on entertainment and betting.

 

 

184.Central Government to pay proceeds of motor vehicles tax and entertainment and betting taxes to Corporation

:-  The proceeds of the tax on motor vehicles collected in Delhi under the Punjab Motor Vehicles Taxation Act, 1924, as extended to Delhi and the proceeds of the entertainment and betting taxes collected in Delhi under the provisions of the U.P.Entertainment and Betting Tax Act, 1937(U.P.Act 8 of 1937), as extended thereto (both of which shall form part of the Consolidated Fund of India) reduced by the cost of collection as determined by the Central Government shall, if Parliament by appropriation made by law in this behalf so provides, be paid to the Corporation for the performance of its functions under this Act.

 

CHAPTER IX

 

BORROWING

 

 

185.Power of Corporation to borrow

:-  (1) The Corporation may, in pursuance of any resolution passed by it, borrow by way 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 the 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;

 

(d)  to pay off any debt due to the Government ;

 

(e)  to repay a loan previously raised under this Act or any other Act previously in force; or

 

(f)  for any other purpose for which the Corporation is, by virtue of this Act or any other law for the time being in force, authorised to borrow :

 

Provided that -

 

( i ) no loan shall be raised without the previous sanction of the Central Government or without previous publication of the application for sanction under the Local Authorities Loans Act, 1914(9 of 1914), and the rules made thereunder; and

 

( ii ) the amount of loan, the rate of interest, and the terms including the date of floatation, the time and method of the repayment and the like shall be subject to the approval of the Central Government.

 

(2)  When any sum of money has been borrowed under sub-section (1), no portion of any sum of money borrowed for any of the purposes referred to in clause (c) of the sub-section (1) shall be applied to the payment of salaries and allowances to any municipal officers or other municipal employees other than those exclusively employed in connection with the carrying out of that purpose.

 

 

186.Time for repayment of money borrowed under section 185

:-  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 money 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.

 

 

187.Form and effect of debentures

:-   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 therefor for the time being without any preference by reason of some such debentures being prior in date to others.

 

 

188.Payment to survivors of joint payees

:-  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 debenture or security shall be payable to the survivor or survivors of such person :

 

Provide that nothing in this section shall affect any claim by the legal representative of a deceased person against such survivor or survivors.

 

 

189.Receipt by joint holders for interest or dividend

:- When two or more persons are joint holders of any debentures 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 debenture or security, unless notice to the contrary has been given to the Corporation by the other of such persons.

 

 

190.Maintenance and investment of sinking funds

:-  (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 money paid into the sinking funds shall, as soon as possible, be invested by the Commissioner in public securities and every such 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, or is applied in paying off any part of a loan before the period fixed for repayment, the interest which would otherwise have been payable on such debentures or on such part of the loan shall be paid into the sinking fund and invested in the manner laid down in sub-section (2).

 

(5)  Any investment made under this section may, subject to the provisions of sub-section (2), be varied or transposed.

 

 

191.Application of sinking funds

:-  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 fund was created, and until such load or part is wholly discharged shall not be applied for any other purpose :

 

Provided that when any loan or part thereof has been consolidate under section 193, the Commissioner shall transfer to the sinking fund of the consolidated load 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.

 

 

192.Annual statement by Commissioner

:-  (1)  The Commissioner, at the end of the 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.

 

 

193.Power of Corporation to consolidate loans

:-  (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 scripts 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 Corporation shall provide for the repayment of any such consolidated loan by a sinking fund in the manner laid down in section 190, having regard to the amount transferred to such sinking fund under section 191.

 

 

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

:-  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.

 

 

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

:-  (1)  If any money borrowed or deemed to have been borrowed by the Corporation from the Government or any interest or costs due in respect thereof be not repaid according to the conditions of the loan, 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 attachment and subsequent proceedings :

 

Provided that no such attachment shall defeat or prejudice any debt for which the fund was previously charged in accordance with law; and all such prior charges shall be paid out of the proceeds of the fund before any part of the proceeds is applied to the satisfaction of the debt due to the Government.

 

 

196.Power to make regulations

:-  The Corporation may make regulations to carry out the purposes of this Chapter including, in particular, 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.

 

CHAPTER X

 

PROPERTY AND CONTRACTS

 

Property

 

 

 

197.Acquisition of property

:-  The Corporation shall, for the purpose of this Act, have power to acquire and hold movable and immovable property, or any interest therein.

 

 

198.Acquisition of immovable property by agreement

:-  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.

 

 

199.Procedure when immovable property cannot be acquired by agreement

:-  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.

 

 

200.Disposal of property

:- 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 or 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 thousand rupees;

 

( ii ) grant a lease (other than a lease in perpetuity) of any immovable property belonging to the Corporation; or

 

( iii )  sell or grant a lease in perpetuity of any immovable property belonging to the Corporation the value of which does not exceed fifty thousand rupees or the annual rent of which does not exceed three thousand rupees ;

 

(c)  in cases not covered by clause (a) or clause (b), the Commissioner may, with the sanction of the Corporation, lease, sell, let out on hire or otherwise transfer any property, movable or immovable, belonging to the Corporation;

 

(d)  the consideration for which any immovable property may be sold, leased or otherwise transferred shall not be less than the value at which such immovable property could be sold, leased or otherwise transferred in normal and fair competition;

 

(e)  the sanction of the Standing Committee or of the Corporation under the aforesaid clauses may be given either generally for any class of cases or specially for any particular case;

 

(f)  subject to any conditions or limitations that may be specified in any other provisions of this Act, the foregoing provisions of this section shall apply to every disposal of property belonging to the Corporation made under, or for any purpose of, this Act ;

 

(g)  every case of disposal of property under clause (a) and clause (b) shall be reported by the Commissioner without delay to the Standing Committee and the Corporation respectively.

 

Contracts.

 

 

201.Contracts by the Corporation

:-  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.

 

 

202.Procedure for making contracts

:-  With respect to the making of contracts, the following provisions shall have effect, namely: -

 

(a)  every such contract shall be made no 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;

 

(c)  no contract (other than a contract for the acquisition of immovable property) which will involve an expenditure exceeding ten thousand rupees or such higher amount as the Corporation may fix shall be made by the Commissioner unless the same is previously approved by the Standing Committee;

 

(d)  every contract (other than a contract for the acquisition of immovable property) made by the Commissioner involving an expenditure exceeding two thousand rupees but not exceeding ten thousand rupees or such higher amount as may be fixed under clause (c) shall be reported by him within one month after the same has been made to the Standing Committee ;

 

(e)  no contract for the acquisition of immovable property shall be valid -

 

( i ) unless the contract has been approved by the Standing Committee, where the price stipulated to be paid for such property exceeds five thousand rupees but does not exceed fifteen thousand rupees; or

 

( ii )  unless the contract has been approved by the Corporation, where the price stipulated to be paid for such property exceeds fifteen thousand rupees.

 

 

203.Mode of executing contracts

:-  (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 the bye-laws made thereunder shall be binding on the Corporation.

 

CHAPTER XI

 

ACCOUNTS AND AUDIT

 

Scrutiny and audit of accounts.

 

 

 

204.Accounts to be kept

:-  There shall be kept in such manner and in such form as may be prescribed by regulation four separate accounts of all receipts and expenditure of the Corporation, namely : -

 

(a)  the Electric Supply Account, that is to say, accounts of all receipts and expenditure of the Corporation in respect of the operations of the Delhi Electric Supply Undertaking;

 

(b)  the Transport Account, that is to say, accounts of all receipts and expenditure of the Corporation in respect of the operations of the Delhi Transport Undertaking ;

 

(c)  the Water Supply and Sewage Disposal Account, that is to say, accounts of all receipts and expenditure of the Corporation in respect of the operations of the Delhi Water Supply and Sewage Disposal Undertaking; and

 

(d)  the General Account, that is to say, accounts of all receipts and expenditure of the Corporation other than those specified in clause (a) or clause (b) or clause (c).

 

 

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

:-  (1)  The Municipal Chief Auditor shall conduct a monthly examination and audit of the municipal accounts and shall report thereon to the Standing Committee who 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 explanation concerning any receipts or expenditure which they may call for.

 

 

206.Report by the Municipal Chief Auditor

:-  (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 Corporation together with a report stating what orders have been passed by the Standing Committee upon such report or statement, and the Corporation may take such action in regard to any of the matters aforesaid as the Corporation may deem necessary.

 

(3)  As soon as may be after the commencement of each year the Municipal Chief Auditor shall deliver to the Standing Committee a report of the entire municipal accounts for the previous year.

 

(4)  The Commissioner shall cause the said report to be printed and shall forward as soon as may be a printed copy thereof to each councillor and alderman.

 

(5)  The Commissioner shall also forward without delay to the Central Government so many copies of the said report as may be required by that Government with a brief statement of the action, if any, taken or proposed to be taken thereon.

 

 

207.Special audit at the direction of the Central Government

:-  (1)  The Central Government may at any time appoint an auditor for the purpose of making a special audit of any of the accounts of the Municipal Fund and of reporting thereon to the Central Government and the costs of such audit as determined by the Central Government shall be chargeable to the Municipal Fund.

 

(2)  An auditor so appointed may exercise any power which the Municipal Chief Auditor may exercise.

 

 

Power and duties of the Municipal Chief Auditor.

 

 

208.Procedure to be followed by the Municipal Chief Auditor

:-   (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 disturbed 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 accounts and upon the results of verification of the balances relating thereto.

 

(3)  The Municipal Chief Auditor shall examine and audit the statement of accounts relating to the commercial services conducted in any department of the Corporation, including the trading, manufacturing and profit and loss accounts, and the balance-sheets where such accounts are maintained under the orders of the Corporation, the Standing Committee, the Delhi Electric Supply Committee, the Delhi Transport Committee or the Delhi Water Supply and Sewage Disposal Committee, and shall certify and report upon these accounts.

 

(4)  The Municipal Chief Auditor shall, in consultation with the Standing Committee or, as the case may be, the Delhi Electric Supply Committee, the Delhi Transport Committee or the Delhi Water Supply and Sewage Disposal Committee and subject to any directions given by the Corporation, determine the form and manner in which his reports on the accounts of the Corporation shall be prepared and shall have authority to call upon any officer of the Corporation to provide any information necessary for the preparation of these reports.

 

 

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

.:-  (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 observation as aforesaid shall be promptly taken into consideration by the officer or authority to whom it may be addressed and returned without delay with the necessary vouchers, documents or explanations to the Municipal Chief Auditor.

 

(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 revenues 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 Municipal Chief Auditor considers it desirable that the whole or any part of the audit applied to any accounts which he is required to audit shall be conducted in the offices in which those accounts originate, he may require that those accounts, together with all books and documents having relation thereto, shall at the convenient times be made available in the said offices for inspection.

 

(5)  The Municipal Chief Auditor shall have the power to require that any books or other documents relating to the accounts he is required to audit shall be sent for inspection by him :

 

Provided that if the documents are confidential he shall be responsible for preventing disclosure of their contents.

 

(6)  The Municipal Chief Auditor shall have authority to frame standing orders and to give directions on all matters relating to audit, and particularly in respect of the method and the extent of audit to be applied and the raising and pursuing of objections.

 

(7)  Expenditure sanctioned by the Municipal Chief Auditor shall be audited by an officer to be maintained by the Corporation.

 

 

CHAPTER XII

WATER SUPPLY, DRAINAGE AND SEWAGE DISPOSAL

General

 

 

210.Definitions

:- In this Chapter, unless the context otherwise requires, the following words and expressions in relation to water supply shall have the respective meanings given below, namely:-

 

(1) "Communication pipe" means,-

 

(a) where the premises supplied with water about on the part of the street in which the main is laid, and the service pipe enters those premises otherwise than through the outer wall of a building abutting on the street and has a stopcock placed in those premises and as near to the boundary of that street as is reasonably practicable, so much of the service pipe as lies between the main and that stopcock;

 

(b) in any  other case, so much of the service pipe as lies between the main and the boundary of the street in which the main is laid, and includes the ferrule at the junction of the service pipe with the main, and also-

 

(i) where the communication pipe ends at a stopcock, that stopcock; and

 

(ii) any stopcock fitted on the communication pipe between the end thereof and the main;

 

(2) "main" means a pipe laid by the Corporation for the purpose of giving a general supply of water as distinct from a supply to individual consumers and includes any apparatus used in connection with such a pipe;

 

(3) "service pipe" means so much of any pipe for supplying water from a main to any premises as is subject to water pressure from that main, or would be so subject but for the closing of some tab;

 

(4) "supply pipe" means so much  of any service pipe as is not a communication pipe;

 

(5) "trunk main" means a main constructed for the purpose of conveying water from a source of supply to a filter or reservoir or from one filter or reservoir to another filter or reservoir, or for the purpose of conveying water in bulk from one part of the limits of supply to another part of those limits, or for the purpose of giving or taking a supply of water in bulk.

 

(6) "water fittings" includes pipes(other than mains), taps, cocks, valves, ferrules, meters, cisterns, baths and other similar apparatus used in connection with the supply and use of water.

 

 

211.Power to require Corporation to carry out surveys and formulate proposals

:- The Central Government may require the Corporation to-

 

(a) carry out a survey of the existing consumption of and demand for water supplies in Delhi and of the water resources in or available for Delhi;

 

(b) prepare an estimate of the future water supply requirements of  Delhi;

 

(c)  carry out  a survey of the existing quantity of sewage disposed of and the manner in which it is disposed of;

 

(d) formulate proposals as to-

 

(i) the existing or future water supply requirements of  Delhi.

 

(ii) the existing or future sewage disposal requirements in Delhi including proposals for the manner in which and the place or places at which such sewage should be carried, treated and disposed of.

 

 

212.Power to construct additional works

:- If the Delhi Water Supply and Sewage Disposal Committee is of opinion that the works and other properties for the time being vested in the Corporation for the purpose of Delhi Water Supply and Sewage Disposal Undertaking are inadequate for the purpose of sufficient supply of water or for the purpose of the efficient disposal of sewage under this Act, it may take steps in accordance with the provisions of this Act for the construction of additional works, whether within or without the local limits of the Corporation and for the acquisition of additional properties for such works.

 

Water Supply

 

 

213.Functions in relation to water suppplies

:- (1) It shall be the duty of the Delhi Water Supply and Sewage Disposal Committee to take steps from time to time-

 

(a) for ascertaining  the sufficiency and wholesomeness of water supplies within Delhi;

 

(b) for providing a supply of wholesome water in pipes to every part of Delhi in which there are houses, for the domestic purposes of the occupants thereof, and for taking the pipes affording that supply to such  point or points as will enable  the houses to be connected thereto at a reasonable cost, so however, that this clause shall not require the Committee to do anything which is not practicable at a reasonable  cost or to provide such a supply to any part of Delhi where such a supply is already available at such point or points aforesaid;

 

(c) for providing, as far as possible, a supply of wholesome water otherwise than in  pipes to every part of  Delhi in which there are houses, for the domestic purposes of the occupants thereof and to which it is not practicable to provide a supply in pipes at a reasonable cost, and in which danger to health arises from the insufficiency or unwholesomeness of the existing supply and a public supply is required and can be provided at a reasonable cost, and for securing that such supply is available within a reasonable distance of every house in that part.

 

    (2) If any question arises under clause (b) of sub-section (1) as to whether anything is or is not  practicable at a reasonable cost or as to the point or points to which pipes must be taken in order to enable houses to be connected to them at a reasonable cost, or under clause (c) thereof, as to whether a public supply can be provided at a reasonable  cost, the Corporation shall determine that question and thereupon  the Committee shall give effect to that determination.

 

    (3)  Without prejudice to the provisions of sub-section (1), the Commissioner shall, for the purpose of securing, so far as is reasonably practicable, that every house has available a sufficient supply of wholesome water or domestic purposes, exercise his powers under this Act of requiring the owners of houses to provide a supply of water thereto.

 

 

214.Water supplied for domestic purposes not to be used for non-domestic purposes

:- No person shall, without the written permission of the Commissioner, use or allow to be used for other than domestic purposes water supplied for domestic purposes.

 

 

215.Purity of water for domestic purposes

:- The Delhi Water Supply Sewage Disposal Committee shall secure that the water in any water works belonging to the Corporation from which water is supplied for domestic purposes is wholesome.

 

 

216.Supply of water for domestic purposes not to include any supply for certain specified purposes

:- The supply of water for domestic purposes under this Act shall not be deemed to include any supply-

 

(a) for animals or for washing vehicles where such animals or vehicles are kept for sale or hire;

 

(b) for any trade, manufacture or business;

 

 (c) for fountains, swimming baths or any ornamental or mechanical purpose;

 

(d) for gardens or for purposes of irrigation;

 

(e) for making or for watering streets; or

 

(f) for building purposes.

 

 

217.Power to supply water for non-domestic purposes

:-  (1) The Commissioner may supply water for any purpose other than a domestic purpose on such terms and conditions consistent with this Act and the bye-laws made thereunder as may be laid down  in  this behalf by the Delhi Water Supply and Sewage Disposal Committee on receiving a written application specifying the purpose for which the supply is required and the quantity likely to be consumed.

 

    (2) When an application under sub-section (1) is received, the Commissioner may subject to such charges and rates as may be fixed by the said Committee, place or allow to be placed the necessary pipes and water fittings of such dimensions and character as may be prescribed by bye-laws and may arrange for the supply of water through such pipes and fittings.

 

 

218.Use of water for extinguishing fire

:- Water may be used for extinguishing fire.

 

 

219.Power to require water supply to be taken

:- (1) If it appears to the Commissioner that any premises in Delhi are without supply of wholesome water for domestic purposes or that the existing supply of water for domestic purposes available for the persons usually occupying or employed in such premise is inadequate or on any sanitary grounds objectionable, the Commissioner may by notice in writing require the owner of the premises or the persons primarily liable for the payment  of the property taxes in respect of the same-

 

(a)  to take a connection from the municipal water works adequate for the requirements of the persons occupying or employed in the premises, or to take such additional or enlarged connection or connections from the municipal water works; and

 

(b) to provide, supply pipes and water fittings, instal and work a pump and do all such works and take all such measures as may, in the opinion of the Commissioner, be necessary  for the above purposes.

 

(2)  The Commissioner may  in the notice issued under subsection (1) specify-

 

(a) the size, material and quality of the pipes and water fittings to be provided;

 

(b) the position of the pipes and water fittings to be provided;

 

(c) the means of access for the inspection of the pipes and water fittings;

 

(d) the type of pump that should be installed and the period or periods of the day for which it should be kept working;

 

(e) the period within which any or all the requisitions specified in the notice should be carried out.

 

 

220.New premises not to be occupied without arrangement for water supply

:- It shall not be lawful for the owner of any premises which may be newly constructed or reconstructed within any portion of Delhi in respect of which the Commissioner has given public notice under section 115 to occupy it or cause or permit it to be occupied  until he has obtained a certificate from the Commissioner that there is provided within, or within a reasonable distance of, the premises such supply of wholesome water as appears to the Commissioner to be adequate for the persons who may occupy, or be employed in, such premises for their domestic purposes.

 

 

221.Public gratuitous water supply

:- (1) The Commissioner, with the approval of the Delhi Water Supply and Sewage Disposal Committee, may provide gratuitous supply of wholesome water to the public within Delhi and may, for that purpose, erect public hydrants or ther conveniences.

 

(2) The Commissioner may, with like approval, close a public hydrant or other convenience when it is no longer required  for the supply of wholesome water to the public.

 

 

222.Power to lay mains

:- (1) The Commissioner may lay a main whether within or without the local limits of the Corporation-

 

(a)  in any street; and

 

(b) with the consent of every owner and occupier of any land not forming part of a street, in, over or on that land, and may, from time to time, inspect, repair, alter or renew or may at any time remove any main so laid whether by virtue of this section or otherwise:

 

Provided that where a consent  required for the purpose of this sub-section is withheld, the Commissioner may, after giving the owner or occupier of the land a written notice of his intention so to do, lay the main in, over or on that land even without such consent.

 

(2) Where the Commissioner, in exercise of the powers under this section, lays a main in, over or on any land not forming part of a street, or inspect, repair, alter, renew or remove a main so laid down in, over or on any such land, he shall pay compensation to every person interested in that land for any damage done to, or injurious affection of that land by reason of the inspection, laying, repair, alteration, renewal or removal of the main.

 

 

223.Power to lay service pipes, etc

.:- (1) The Commissioner may, in any street whether within or without  the local limits of the Corporation, lay such service pipes with such stopcocks and other water fittings as he may deem necessary for supplying water to premises and may, from time to time, inspect, repair, alter or renew and may, at any time, remove any service pipe laid in a street whether by virtue of this section or otherwise.

 

(2)  Where a service pipe has been lawfully laid in, over, or on the land not forming part of a street, the Commissioner may from time to time enter upon that land and inspect, repair, alter, renew or remove the pipe  or lay a new pipe in substitution thereof but shall pay compensation for any damage done in the course of such action.

 

 

224.Provision of fire hydrants

:- (1) The Commissioner shall fix hydrants on water mains (other than trunk mains) at such places as may be most convenient for affording a supply of water for extinguishment any fire which may break out and shall keep in good order and from time to time renew every such hydrant.

 

    (2) To denote the situation of every hydrant placed under  this section, letters, marks or figures shall be displayed prominently on some wall, building or other structure near such hydrant.

 

    (3) As soon as any such hydrant is completed, the Commissioner shall deposit a key thereof at each place where a public fire engine is kept and in such other places as he deems necessary.

 

    (4) The Commissioner may, at the request and expense of the owner or occupier of any factory, workshop, trade premises or place of business situated in or near a street in which a pipe is laid (and not being a trunk main and being of  sufficient dimensions to carry a hydrant), fix on the pipe and keep in good order and from time to time renew one or more fire hydrants, to be used only for extinguishing  fires as near as conveniently may be to that factory, work-shop, trade premises or place of business.

 

    (5) The Commissioner shall allow all persons to take water for extinguishment fires from any pipe on which a hydrant is fixed without any payment.

 

 

225.Power of Corporation to require owners of premises to set up pumps, etc

.:- The owner of every premises connected with the municipal water works shall, when so required  by the Commissioner, set up electric pumps or other  contrivances whereby water may be caused to reach to the top of the top-most storey of such premises.

 

 

226.Supply of water

:- The Commissioner may permit the owner, lessee or occupier of any premises to connect the premises by means of supply pipes for conveying to the premises a supply of water for his domestic purposes from the municipal water works subject to the requirements specified in section 227 and the conditions, if any, laid down in the bye-laws made in this behalf.

 

 

227.Laying of supply pipes, etc

.:- (1) An owner, lessee or occupier of any premises, who desires to have a supply of water for his domestic purposes from the municipal water works, shall comply with the following requirements, namely:-

 

(a) he shall give to the Commissioner fourteen days notice of his intention to lay the necessary supply pipe; and

 

(b) he shall lay the supply pipe at his own expense, having first obtained, as respects any land not forming part of a street, the consent of the owners or occupiers thereof:

 

Provided that where any part of the supply pipe is to be laid in a street, he shall not himself break open the street or lay that part of the pipe.

 

    (2) Upon the receipt of such a notice as is referred to in sub-section (1), the Commissioner shall lay the necessary communication pipe and any part of the supply pipe  which is to be laid in a street and shall connect the communication pipe with the supply pipe.

 

    (3) The expenses, reasonably incurred by the Commissioner in executing the work which he is required or authorised by this section to execute, shall be repaid to him by the person by whom the notice was given and may be recovered from such person as an arrear of tax under this Act:

 

    Provided that if under the provisions of this section, the Commissioner lays a main in lieu of a supply pipe, the additional cost incurred in laying the main instead of a supply pipe shall be borne by him.

 

    (4) Notwithstanding anything contained in the foregoing provisions of this section, the Commissioner may, within a reasonable time after the service of the of the notice upon him, require the person giving the notice either to pay to him, in advance the cost of the work as estimated by the Chief Engineer (Water Supply), or to give security for payment thereof to his satisfaction.

 

    (5) If any payment made to the Commissioner under sub-section (4) exceeds the expenses which the Commissioner would be entitled to recover from the person giving the notice, the excess shall be repaid  by him and if and so far as those expenses are not covered by the payment, the Commissioner may recover the balance from such person as an arrear of tax under this Act.

 

 

228.Power to require separate service pipes

:- (1) The Commissioner may require the provision of a separation service pipe for each of the premises supplied or to be supplied by him with water.

 

(2) If, in the case of any premises already supplied with water but not having a separate service pipe, the Commissioner gives notice to the owner of the premises requiring the provision of such a pipe, the owner shall, within three months, lay so much of the required pipe as will constitute a communication pipe or a supply pipe to be laid in a street and make all necessary communications.

 

(3) If an owner upon whom a notice has been served under sub-section (2) fails to comply therewith the Commissioner may himself execute the work which the owner was required to execute and recover  the expenses reasonably incurred by him in executing the work as an arrear of tax under this Act.

 

 

229.Stopcocks

 :- (1) On every service pipe laid after the Commencement of this Act, the Commissioner shall, and on every service pipe laid before such commencement Commissioner may, fit a stopcock enclosed in a cover box or a pit of such size as may be reasonably necessary.

 

(2) Every stopcock fitted on a service pipe after the commencement of this Act shall be placed in such position as the Commissioner deems most convenient:

 

    Provided that-

 

(a) a stopcock in private premises shall be placed as near as is reasonably practicable to the street from which the service pipe enters those premises; and

 

(b) a stopcock in a street shall be placed as near to the boundary thereof as is reasonably practicable.

 

 

230.Power of Commissioner to provide meters

:-  (1) The Commissioner may provide a water-meter and attach the same to the service pipe in premises connected with municipal water works.

 

    (2) The expense of provident and attaching a meter under sub-section (1) shall be paid out of the Municipal Fund.

 

    (3) The use, rent to be paid for such use, maintenance and testing of meters shall be regulated by orders made by the Delhi Water Supply and Sewage Disposal Committee in this behalf.

 

 

231.Presumption as to correctness of meters

:- Whenever  water is supplied under this Chapter through a meter it shall be presumed that the quantity indicated  by the meter has been consumed until the contrary is proved.

 

 

232.Prohibition of waste or misuse of water

:- (1) No person shall wilfully or negligently cause or suffer any water fitting which he is liable to maintain,-

 

(a) to be or remain so out of order or so in need of repair, or

 

(b) to be or remain so constructed or adapted or to be so used,

 

that the water supplied to him by the Corporation is or is likely to be wasted, misused or unduly consumed, or contaminated before use, or that foul air or any impure matter is likely to return into any pipe belonging to, or connected with, a pipe belonging to the Corporation.

 

(2) If any water fitting which any person is liable to maintain is in such a condition, or so constructed or adapted as aforesaid, the Commissioner, without prejudice to his right to proceed against the person under any other provision of this Act, may require that person to carry out any necessary repairs or alterations and if he fails to do so within forty-eight hours, may himself carry out the work and recover from him the expenses reasonably incurred by him in so doing, as an arrear of tax.

 

 

233.Power to enter premises to detect waste or misuse of water

:- The Commissioner or any municipal officer authorised by the Commissioner in writing may, between sunrise and sunset, enter any premises supplied with water by the Corporation in order to examine if there be any waste or misuse of such water and the Commissioner or such officer shall not be refused admittance to the premises nor shall be obstructed by any person in making his examination.

 

 

234.Power to test water fittings

:- The Commissioner may test any water fitting used in connection with water supplied by the Corporation.

 

 

235.Power to close or restrict use of water from polluted source of supply

:-  (1) If the Commissioner  is of opinion that the water in or obtained from any well, tank or other source of supply not vested in the Corporation, being water which is or is likely to be used for domestic purposes, or for the preparation of food or drink for human consumption, is or is likely to become so polluted as to be prejudicial to health, the Commissioner may, after giving the owner or occupier of the premises in which the source of supply is situated a reasonable opportunity of being heard, by order, direct that the source of supply be permanently or temporarily closed or cut off or the water therefrom be used for certain purposes only or make such order as appears to him necessary to prevent injury or danger to the health of persons using the water or consuming food or drink prepared therewith or therefrom.

 

    (2) Before making any order under this section, the Commissioner may cause the water to be analysed at the cost of the Corporation.

 

    (3) If the person to whom an order is made under this section fails to comply therewith,  the Commissioner may do whatever may be necessary for giving effect to the order, and any expenses reasonably incurred by him in so doing may be recovered by him from the person in default as an arrear of tax under this Act.

 

 

236.Water pipes, etc., not to be placed where water will be polluted

:- (1) No water pipes shall be laid in a drain or on the surface of an open channel or house gully or within twenty feet of a cesspool or in any position where the pipe is likely to be injured or the water therein polluted; and no well or tank and except with the consent of the commissioner, no cistern shall be constructed within twenty feet of a latrine, or cesspool.

 

    (2) No latrine, or cesspool shall be constructed or made within twenty feet of any well, tank, water pipe or cistern or in any position where the pipe, well, tank or cistern is likely to be injured or the water therein polluted.

 

 

237.Power to cut off private water supply or to turn off water

:- (1) The Commissioner may, subject to the conditions laid down in this behalf in the bye-laws, cut off or turn off water supply from any municipal water work to any premises or part thereof to which a private water supply is furnished by the Corporation.

 

(2) The expenses of cutting off or turning off water supply shall be paid by the owner or occupier of premises and shall be recoverable from the owner or occupier as an arrear of tax under this Act.

 

 

238.Joint and several liability of owners and occupiers for offence in relation to water supply

:- If any offence relating to water supply is committed under this Act on any premises connected with the municipal water works, the owner, the person primarily liable for the payment of the water tax, and the occupiers of the said premises shall be jointly and severally liable for such offence.

 

Drainage and Sewerage

 

 

 

239.Public drains etc., to vest in the Corporation

:- (1) All public drains, all drains in, alongside or under any public street, and all sewage disposal works whether constructed out of the Municipal Fund or otherwise, and all works, materials and things appertaining thereto, which are situated in Delhi shall vest in the Corporation.

 

    (2)  All public and other drains which are vested in the Corporation are hereafter in this Act referred to as municipal drains.

 

    (3) For the purposes of enlarging, deepening or otherwise repairing or maintaining any such drain or sewage disposal work so much of the sub-soil appertaining thereto as may be necessary for the said purposes shall be deemed also to vest in the Corporation.

 

    (4) All drains and ventilation-shafts, pipes and all appliances and fittings connected with the drainage works constructed, erected or set up out of the Municipal Fund in or upon premises not belonging to the Corporation, whether-

 

(a) before or after the commencement of this Act, and

 

(b)  for the use of the owner or occupier of such premises or not,

 

shall, unless the Corporation has otherwise determined, or does at any time otherwise determine, vest and be deemed always to have vested in the Corporation.

 

 

240.Control of drains and sewage disposal works

:- (1) All municipal drains, all sewage disposal works and all works, materials and things appertaining thereto shall be under the control of the Commissioner.

 

    (2) The Commissioner shall maintain and keep in repair all municipal drains and sewage disposal works and when authorised by the Delhi Water Supply and Sewage Disposal Committee or the Corporation in the behalf, shall construct as many new drains and sewage disposal works as may from time to time be necessary for effectual drainage and sewage disposal.

 

 

241.Certain matters not to be passed into municipal drains

:- (1) No person shall throw, empty, or turn into any municipal drain or into any drain communicating with a municipal drain-

 

(a) any matter likely to injure the drain or to interface with the free flow of its contents, or to affect prejudicially the treatment and disposal of its contents; or

 

(b) any chemical, refuse or waste steam, or any liquid of a temperature higher than forty-five degrees centigrade, being refuse or steam which, or a liquid which when so heated, is, either alone or in combination with the contents of the drain, dangerous, or the cause of a nuisance, or prejudicial to health; or

 

(c) any dangerous petroleum.

 

  (2) In this section, the expression "dangerous petroleum" has the same meaning as in the Petroleum Act, 1934(30 of 1934).

 

 

242.Application by owners and occupiers to drain into municipal drains

:- (1) Subject to such conditions as may be prescribed by bye-laws made in this behalf, the owner or occupier of any premises having  a private drain, or the owner of any private drain within Delhi may apply to the Commissioner to have his drain made to communicate with the municipal drains and thereby to discharge foul water and surface water from those premises or that private drain:

 

Provided that nothing in this sub-section shall entire any person-

 

(a) to discharge directly or indirectly into any municipal drain-

 

(i) any trade effluent from any trade premises except in accordance with bye-laws made in this behalf; or

 

(ii) any liquid or other matter the discharge of which into municipal drains is prohibited by or under this Act or any other law; or

 

(b) where separate municipal drains provided for foul water and for  surface water, to discharge directly or indirectly-

 

(i) foul water into a drain provided for surface water;

 

or

 

(ii) except with permission of the Commissioner, surface water into a drain provided for foul water; or

 

(c) to have his drains made to communicate directly with a storm-water overflow drain.

 

(2) Any person desirous of availing himself of the provisions of sub-section (1) shall give to the Commissioner notice of his proposals, and  at any time within one month after receipt thereof, the Commissioner  may by notice to him refuse to permit the communication to be made, it  appears to him that mode of construction or condition of the drain is such that the making of the communication would be prejudicial to the drainage system, and for the purpose  of examining the mode of construction and condition of the drain he may, if necessary, require it to be laid open for inspection.

 

(3) The Commissioner may, if he thinks fit, construct such part of the work necessary for having a private drain made to communicate with a municipal drain, as is in or under a public street and in such a case, the expenses incurred by the Commissioner shall may be, the owner of the private drain and shall be recoverable from the owner or occupier as an arrear of tax under this Act.

 

 

243.Drainage of undrained premises

:- (1) Where any premises are in the opinion of the Commissioner, without sufficient means of effectual drainage and a municipal drain or some place approved by the Commissioner for the discharge of filth and other polluted and obnoxious matter is situated  at a distance of not exceeding one hundred feet from any part of the said premises, he may, by written notice, require the owner of the said premises-

 

(a) to make  a drain emptying into such municipal drain or place;

 

(b) to provide and set up all such appliances and fittings as may appear to the Commissioner necessary for the purposes of gathering and receiving the filth and other polluted and obnoxious matter from, and conveying the same off, the said premises and of effectually  flushing such drain and every fixture connected therewith;

 

(c) to remove any existing  drain or other appliance or thing  used or intended to be used for drainage which is injurious to health;

 

(d) to provide a closed drain in substitution of an open drain or to provide such other  appliance or thing either newly or in substitution of any existing appliance or thing or to provide both a closed drain and such other appliance or thing in substitution of the existing open drain and other appliance or thing, which is or is likely to be injurious to health;

 

(e) to provide and set up all such appliances and fittings as may appear to the Commissioner to be necessary for the purpose of gathering and receiving the waste water from floors and galleries of buildings when they  are washed, and conveying the same through spouts, by down-take pipes so as to prevent such waste water form discharging directly on street or inside any lower portion of the premises;

 

(f) to carry out any work to improve or re-model an existing drain which is inadequate,  insufficient or faulty.

 

  (2) Where in any case not provided for in sub-section (1) any premises are, in the opinion of the Commissioner, without sufficient  means of effectual drainage, he may, by written notice, require the owner of the premises-

 

(a) to construct  a drain up to a point to be prescribed in such notice but not at a distance of more than one hundred feet from any part of the premises; or

 

(b) to construct for the closed cesspool or soakage pit and drain or drains emptying into such cesspool or soakage pit.

 

  (3) Any requisition for the construction of any drain under sub-section (2) may contain any of the details specified in sub-section(1).

 

 

244.New premises not to be erected without drains

:- (1) It shall not be lawful to erect or to re-erect any premises in the urban areas or to occupy any such premises unless-

 

(a) a drain be constructed of such size, materials and descriptions, at such level and with such fall as shall appear to the Commissioner to be necessary for the effectual drainage of such premises;

 

(b) there have been provided and set up on such premises such appliances and fittings as may appear to the Commissioner to be necessary for the purposes of gathering or receiving the filth and other polluted and obnoxious matter from, and conveying the same off, the said premises and of effectually flushing the drain of the said premises and every fixture connected therewith.

 

  (2) The drain so constructed shall empty into a municipal drain situated at a distance of not exceeding one hundred feet from the premises; but if no municipal drain is situated within that distance then such drain shall empty into a cesspool situated within that distance to be specified by the Commissioner for that purpose.

 

 

245.Power to drain group or block of premises by combined operation

:- (1) If it appears to the Commissioner that any group or block of premises may be drained  more economically or advantageously in combination than separately, and a municipal drain of sufficient size already exists or is about to be constructed within one hundred feet of any part of that group or block of premises, the Commissioner may cause that group or block of premises to be drained by a combined operation.

 

    (2) The expenses incurred in carrying out any work under sub-section(1) in respect of any group or block of premises shall be paid by the owners of such premises in such proportions as the Commissioner may determine and shall be recoverable from them as an arrear of tax under this Act.

 

   (3) Not less than fifteen days before any such work is commenced, the Commissioner shall give to each such owner-

 

(a) written notice of the nature of the proposed work, and

 

(b) an estimate of the expenses to be incurred in respect thereof and of the proportion of such expenses payable by him.

 

  (4)  The Commissioner may require the owners of such group or block of premises to maintain the work executed  under this section.

 

 

246.Power of Commissioner to close or limit the use of private drains in certain cases

:-  Where a drain connecting any premises with a municipal drain is sufficient for the effectual drainage of such premises and is otherwise unobjectionable but is not, in the opinion of the Commissioner, adapted to the general system of drainage in Delhi, he may, by written notice addressed to the owner of the premises, direct-

 

(a) that such drain be closed, discontinued or destroyed and that any work necessary for that purpose be done; or

 

(b) that such drain shall, from such date as may be specified in the notice in this behalf, be used for filth and polluted water only or for rain water and unpolluted sub-soil water only:

 

Provided that-

(i) no drain may be closed, discontinued or destroyed by the Commissioner under clause(a) except on condition of his providing another drain equally effectual for the drainage of the premises and communicating with any municipal drain which he thinks fit; and

 

(ii) the expenses of the construction of any drain so provided by the Corporation and of any work done under clause (a) may be paid out of the Municipal Fund.

 

 

247.Use of drain by a person other than the owner

:- (1) Where the Commissioner either on receipt of an application from the owner of any premises or otherwise is of the opinion that the only, or the most convenient means of effectual drainage of the premises into a municipal drain is through a drain belonging  to another person, the Commissioner may by notice in writing require the owner of such drain to show cause within a period specified in the notice as to why an order under this section should not be made.

 

  (2) Where no cause is shown within the specified period or the cause shown appears to the Commissioner invalid  or insufficient, the Commissioner may by order in writing either authorise the owner of the premises to use the drain or declare him to be a joint owner thereof.

 

  (3) An order made under sub-section (2) may contain directions as to-

 

(a) the payment of rent or compensation by the owner of the premises;

 

(b) the construction of a drain for the premises for the purpose of connecting it with the aforesaid drain;

 

(c) the entry upon the land in which the aforesaid drain is situate with assistants and workmen at all reasonable hours;

 

(d) the respective responsibilities of the parties for maintaining, repairing, flushing, cleaning and emptying the aforesaid drain.

 

 

248.Sewage and rain water drains to be distinct

:- Whenever it is provided in this Chapter that steps shall or may be taken for the effectual drainage of any premises, it shall be competent to the Commissioner to require that there shall be one drain for filth and polluted water and an entirely distinct drain for rain water and unpolluted sub-soil water or both rain water and unpolluted sub-soil water, each emptying into separate municipal drains or other suitable places.

 

 

249.Power of Commissioner to require owner to carry out certain works for satisfactory drainage

:- For the purpose of efficient drainage of any premises, the  Commissioner may, by notice in writing-

 

(a) require any courtyard, alley or passage between two or more buildings to be paved by the owner or owners of such buildings with such materials and in such manner as may be approved by the Commissioner, and

 

(b) require such paving to be kept in proper repair.

 

Disposal of sewage

 

 

 

250.Appointment of places for the emptying of drains and disposal of sewage

:- The Commissioner may cause any or all of the municipal drains to empty into, and all sewage to be disposed of at, such place or places as he considers suitable:

 

    Provided that no place which has not been before the commencement of this Act used for any of the purposes specified in this section shall, after such commencement be used therefor without the approval of the Corporation:

 

    Provided further that on and after such date as may be appointed by the Central Government in this behalf  no sewage shall be discharged into any water-course until it has been so treated as not to affect prejudicially the purity and quality of the water into which it is discharged.

 

Miscellaneous

 

 

251.Connection with water works and drains not to be made without permission

:- Without the written permission of the Commissioner, no person shall, for any purpose whatsoever, at any time make or cause to be made any connection or communication with any drain referred to in section 240 or any water works, constructed or maintained by, or vested in, the Corporation.

 

 

252.Buildings, railways and private streets not to be erected or constructed over drains or water works without permission

:-  (1) Without the written permission of the Commissioner no railway or private street shall be constructed and no building , wall fence or other structure shall be erected on any municipal drain or on any water works constructed or maintained by, or vested in, the Corporation.

 

    (2) If any railway or private street be constructed or any building, wall, fence or structure erected on any drain or water works as aforesaid without the written permission of the Commissioner, the Commissioner may remove or otherwise deal with the same as he may think fit.

 

    (3) The expenses incurred by the Commissioner in so doing shall be paid by the owner of the private street  or of the building, fence, wall or other structure or, as the case may be, by the railway administration or the person offending and shall be recoverable as an arrear of tax under this Act.

 

 

253.Rights of user of property for aqueducts, lines, etc

.:- (1) The Commissioner may place and maintain aqueducts, conduits and lines of mains or pipes or drains over, under, along or across any immovable property whether within or without the local limits of the Corporation, without acquiring the same, and may at any time for the purpose of examining, repairing, altering or removing  any aqueducts, conduits or lines of mains or pipes or drains, enter on any property over, under, along or across which the aqueducts, conduits or lines of mains or pipes or drains have been placed:

 

  Provided that the Corporation shall not acquire any right other than a right  of user in the property over, under, along or across which any aqueduct, conduit or line of mains or pipes, or drain is placed.

 

    (2) The powers conferred by sub-section (1) shall not be exercisable in respect of any property vested in the Union or under the control or management of the Central Government or railway administration or vested in any local authority save with the permission of the Central Government  or railway administration or the local authority, as the case may be, and in accordance with any bye-laws made in this behalf:

 

    Provided that the Commissioner may, without such permission, repair, renew  or amend any existing works of which the character or position is not to be altered if such repair, renewal or amendment is urgently necessary in order to maintain without interruption the supply of water, drainage or disposal of sewage or is such that delay would be dangerous to health, human life or property.

 

(3) In the exercise of the powers conferred upon him by this section, the Commissioner shall cause as little damage and inconvenience as may be possible, and shall make full compensation for any damage or inconvenience caused by him.

 

 

254.Power of owner of premises to place pipes and drains through land belonging to other persons

:-  (1) If it appears to the Commissioner that the only or most convenient  means of water supply to, and drainage of, any premises is by placing or carrying any pipe or drain over, under, along or across the immovable property of another person, the Commissioner may, by order in writing, authorise the owner of the premises to place or carry such pipe or drain over, under, among  or across such immovable property:

 

Provided that before making any such order the Commissioner shall give to the owner of the immovable property a reasonable opportunity of showing cause within such time as may be prescribed by bye-laws made in this behalf as to why the order should not be made:

 

Provided further that the owner of the premises shall not acquire any right other than a right of user in the property over, under along or across which any such pipe or drain is placed or carried.

 

(2) Upon the making of an order under sub-section (1), the owner of the premises may, after giving reasonable notice of his intention so to do, enter upon the immovable property with assistants and workmen at any time between sunrise and sunset for the purpose of placing a pipe or drain over, under, along or across such immovable property or for the purpose of repairing the same.

 

(3) In placing or carrying a pipe or drain under this section, as little damage as possible shall be done to the immovable property and the owner of the premises shall-

 

(a) cause the pipe or drain to be placed or carried with the least practicable delay;

 

(b) fill in, reinstate and make good at his own cost and with the least practicable delay, any land opened, broken up or removed for the purpose of placing or carrying such pipe or drain; and

 

(c) pay compensation to the owner of the immovable property and to any other person  who sustains damage by reason of the placing or carrying of such pipe or drain.

 

(4) If the owner of the immovable property, over, under, along or across which a pipe or drain has been placed or carried under this section whilst such immovable property was not built upon, desires to erect any building on such property, the Commissioner shall, by notice in writing, require the owner of the premises to close, remove or divert  the pipe or drain in such manner as shall be approved by him and to fill in, re-instate and make good the immovable property as if the pipe or drain had not been placed or carried over, under, along or across the same:

 

Provided that no such requisition shall be made unless in the opinion of the Commissioner it is necessary or expedient for the construction of the proposed building or the safe enjoyment thereof that the pipe or drain should be closed, removed or diverted.

 

 

255.Power to require railway level, etc., to be raised or lowered

:-  If the Corporation places or carries any pipe or drain or does any other work connected with the water supply or drainage across any railway line, it may, with the sanction of the Central Government and at the cost of the Municipal Fund, require the railway administration to raise or lower the level thereof.

 

 

256.Power of Commissioner to execute work after giving notice to the person liable

:- (1) When under the provisions of this Chapter any person may be required or is liable to execute any work, the Commissioner may, in accordance with the provisions of this Act and of any bye-laws made in this behalf, cause such work to be executed after giving such person an opportunity of executing the same within such time as may be specified by him for this purpose.

 

(2) The expenses incurred or likely to be incurred by the Commissioner in the execution of any such work shall be payable by the said person and the expenses incurred by the Commissioner in connection with the maintenance of such work or the enjoyment of amenities and conveniences rendered possible by such work shall be payable by the person or persons enjoying such amenities  and conveniences.

 

(3) The expenses referred to in sub-section (2) shall be recoverable from the person or person liable therefor as an arrear of tax under this Act.

 

 

257.Power of Commissioner to affix shafts, etc., for ventilation of drain or cesspool

:- For the purpose of ventilating any drain or cesspool, whether vested in the Corporation or not, the Commissioner may, in accordance with bye-laws made in this behalf, erect upon any premises or affix to the outside of any building or to any tree any such shaft or pipe as may appear to him to be necessary.

 

 

258.Power of Commissioner to examine and test drains, etc., believed to the defective

:- (1) Where it appears to the Commissioner that there are reasonable grounds for believing that a private drain or cesspool is in such condition as to be prejudicial to health or a nuisance or that  a private drain communicating  directly or indirectly with a municipal drain is so defective as to admit sub-soil water, he may examine its condition, and for that purpose may apply any test, other than a test by water under pressure, and if he deems it necessary, open the ground.

 

(2) If on examination the drain or cesspool is found to be in proper condition, the Commissioner shall, as soon as possible, reinstate any ground which has been opened by him and make good any damage done by him.

 

 

259.Bulk supply of water to the New Delhi Municipal Committee and the Military Engineer Services, Delhi Cantonment

:- The Corporation shall be bound to supply to the New Delhi Municipal Committee and the Military Engineer Services, Delhi Cantonment , at the place or places at which immediately before the commencement of this Act the Delhi Joint Water and Sewage Board constituted under the Delhi Joint Water and Sewage Board Act, 1926(23 of 1926), used to supply water to that Committee or those Services  or at such other place or places as may be agreed between the Corporation and that Committee or, as the case may be, those Services, water in bulk up to the amount demanded by the said Committee or Services or, if their total demand  is in excess of the available supply, up to such proportion as the Corporation may, on the recommendation of the Delhi Water Supply and Sewage Disposal committee, determine:

 

Provided that the quantity of water supplied per capita to the New Delhi Municipal Committee by the Delhi Joint Water and Sewage Board immediately before the commencement of this Act shall not be reduced after such commencement except with the previous permission of the Central Government.

 

 

260.New Delhi Municipal Committee and the Military Engineer Services to pay actual cost of supply of water

:- (1) The New Delhi Municipal Committee and Military Engineer Services, Delhi Cantonment, shall pay for the water supplied to them the actual cost of supply of such water at the rate in respect of each thousand gallons of water supplied (hereinafter referred to as "the final issue rate") calculated in the manner prescribed in this section.

 

(2) The final issue rate shall be calculated for each year after the accounts of the year have been closed by dividing the amount of the total expenditure of the Corporation during the year by the number of thousand gallons of water supplied by the Corporation during that year to itself and to the New Delhi Municipal Committee and the Military Engineer Services.

 

(3) For the purpose of sub-section (2), there shall be taken into account such items of expenditure incurred by the Corporation as may be determined by rules made by the Central Government in this behalf.

 

 

261.Provisional collecting rate

:- (1) Pending the calculation of final issue rate for any year, payments of water supplied during that year to the New Delhi Municipal Committee or the Military Engineer Services shall be made provisionally at an estimated rate( hereinafter referred to as "the collecting rate").

 

(2) The collecting rate shall be calculated at the time of framing of the budget estimates for the year by dividing the sum of the amount of the estimated expenditure of the Corporation in that year and of an addition of five per cent.of that amount by the number of thousand gallons of water estimated as likely to be supplied during that year.

 

(3) If any difference of opinion arises as to the supply of water to be estimated for the purposes of the ascertainment of the collecting rate, the decision of the Administrator thereon shall be final.

 

(4) The New Delhi Municipal Committee and the Military Engineer Services shall pay on demand after the close of each quarter of each year the cost of the water supplied to them in that quarter calculated at the collecting rate.

 

(5) Nothing in this section shall preclude the Corporation from arranging with the consent of the New Delhi Municipal Committee or the Military Engineer Services and in accordance with any order issued by the Administrator for advance payments by each such authority of the cost (calculated at the collecting rate) of such quantities of water as are likely to be supplied to each of them in each quarter or for such other period as may be determined by the Administrator.

 

 

262.Final settlement of accounts

:- (1) If the final issue rate for any year exceeds the collecting rate determined for that year, the balance due shall be recovered from the New Delhi Municipal Committee or, as the case may be, from the Military Engineer Services.

 

(2) If the final issue rate is less than the collecting rate, the excess collection shall be refunded to the New Delhi Municipal Committee or, as the case may be, to the Military Engineer Services.

 

 

263.Supply of meters

:-  (1) For the purpose of measuring and recording the amount of water supplied to the New Delhi Municipal Committee or , as the case may be, to the Military Engineer Services, the Commissioner shall affix meters at the points of junction between the communication pipes of the New Delhi Municipal Committee, or as the case may be, of the Military Engineer Services and the mains or pipes belonging to the Corporation, and the cost of such meters shall be borne by the Corporation.

 

(2) It shall be presumed, until the contrary is proved, that the quantity of water supplied through any connection is the quantity indicated by the meter affixed to that connection.

 

 

264.Testing of meters

:- (1) If the New Delhi Municipal Committee or, as the case may be, the Military Engineer Services desire to have any meter tested, it may make an application in this behalf accompanied by a fee of two hundred and fifty  rupees to the Commissioner and on receipt of such application and fee, the Commissioner shall forthwith cause the meter to be tested at a time and place of which due notice shall have been given to the authority concerned.

 

(2) If the meter is found on being tested to be incorrect, the Commissioner shall be bound to replace or repair the same and to refund the fee paid under sub-section (1) together with such sum, if any, as is proved to the satisfaction of the Commissioner to have been paid in excess by reason of the incorrectness of the meter.

 

 

265.Disposal of sewage of New Delhi

:- (1) The Corporation shall be bound to receive in bulk from the New Delhi Municipal Committee all sewage delivered by that Committee and to dispose of such sewage:

 

Provided that the New Delhi Municipal Committee shall not execute any major work calculated to increase the normal discharge of sewage without the concurrence of the Corporation.

 

(2) Sewage received in pursuance of the provisions of sub-section (1) shall be the property of the Corporation and any income derived from the sale of effluent or sludge shall be credited to the Water Supply and Sewage Disposal Account of the Municipal Fund.

 

(3) If any disagreement arises between the Corporation and the New Delhi Municipal Committee as to the effect of the execution of any work or the doing of anything, the matter shall be referred to the Central Government whose decision shall be final.

 

 

266.New Delhi Municipal Committee to pay cost of disposal of sewage

:- (1) Subject to the provisions of section 268 the total net  cost of the disposal of  all sewage shall be borne by the Corporation and the New Delhi Municipal Committee in such proportion as the Central Government may, from time to time, determine.

 

(2) In determining the total net cost of disposal of all sewage there shall be taken into account such items of expenditure incurred by the Corporation as may be determined by the rules made by the Central Government in this behalf.

 

 

267.Manner of payment by the New Delhi Municipal Committee of proportion of cost of disposal of sewage

:- (1) The estimated net cost of the disposal of sewage increased by the Corporation as may be determined by the rules made by the Municipal Committee after the close of each quarter of each year in accordance with the proportions determined under sub-section (1) of section 266.

 

(2) If the sum so paid by the New Delhi Municipal Committee in any year exceeds or is less than the sum payable by it on the basis of the actual cost be determined under section 266, the payments to be made by that body in the following year shall be adjusted accordingly.

 

(3) Nothing in this section shall preclude the Corporation from arranging with the consent of the New Delhi Municipal Committee and in accordance with any orders issued by the Administrator for advance payment by that Committee of such portion of the cost of the disposal of sewage as is likely to be borne by it in such quarter of such other period as may be determined by the Administrator.

 

 

268.Disputes as to liability for payments to or by the Corporation

:- (1) If any dispute arises between the Corporation and the New Delhi Municipal Committee or, as the case may be, Military Engineer Services as to the liability of the said Committee or Services to pay any sum demanded by the Corporation or as to the right of the said Committee or Services to any refund, or as to the amount of any refund, from the Corporation, then, the New Delhi Municipal Committee or, as the case may be, Military Engineer Services may require the Corporation to refer the matter in dispute to the Central Government and the decision of the Central Government thereon shall be final:

 

Provided that, where the dispute relates to the liability of the New Delhi Municipal Committee or, as the case may be, the Military Engineer Services to make any payment to the Corporation, the payment shall be made to the Corporation pending the decision of the Central Government.

 

(2) In making any such reference, the Corporation shall furnish to the Central Government and the New Delhi Municipal Committee or, as the case may be, the Military Engineer Services a full statement of the grounds of the dispute and the Central Government shall consider that statement together with a like statement received from the said Committee or Services within six weeks of the date of the reference.

 

 

269.Summary recovery of sums due from the New Delhi Municipal Committee or the Military Engineer Services

:- If the New Delhi Municipal Committee or, as the case may be, the Military Engineer Services does not, within one month of the receipt of demand for any sum claimed by the Corporation, pay such sum, the Administrator may, on the requisition from the Corporation in this behalf-

 

(a) if the balances of the said Committee or Services are kept in the Government Treasury, order the officer incharge of the Treasury to reduce the balances at the credit of the said Committee or Services by the amount of the sum due and pay that amount to the Corporation, or

 

(b) in any other case deduct the amount of the sum due from  any contribution or sum payable by the Central Government to be said Committee or Services and pay the amount so deducted to the Corporation.

 

 

270.Corporation not to give up certain works, etc., without permission of the Central Government

:- Without the previous permission of the Central Government, the Corporation or the Delhi  Water Supply and Sewage Disposal Committee or the Commissioner shall not-

 

(a) give up any scheme of work approved by the Delhi Joint Water and Sewage Board, or

 

(b) give up or slow down the execution of any work undertaken by the said Board in pursuance of any such scheme.

 

 

271.Employment of Government agencies for repairs, etc

.:-  The Central Government may for reasons to be recorded, direct that any specified work, repair, renewal or replacement which is to be undertaken by or for the Corporation under this Chapter, shall be carried out on behalf of the Corporation by the Central Government and the Corporation shall pay the charges therefor at the rates and subject to the terms for the time being applicable in the case of works constructed by that Government on behalf of a local authority.

 

 

272.Work to be done by licensed plumber

:- (1) No person other than a licensed plumber shall execute any work described in this Chapter and no person shall permit any such work to be executed except by a licensed plumber:

 

Provided that if, in the opinion of the Commissioner, the work is of a trivial nature, he may grant permission in writing  for the execution of such work by a person other that a licensed plumber.

 

(2) Every person who employs a licensed plumber to execute any work shall, when so required, furnish to the Commissioner the name of such plumber.

 

(3) When any work is executed except in accordance with the provisions of sub-section (1), such work shall be liable to the dismantled at the discretion of the Commissioner  without prejudice to the right of the Corporation to prosecute under this Act the person at whose instance such work has been executed.

 

(4) The Corporation may make bye-laws for the guidance of licensed plumbers and a copy of all such bye-laws shall be attached to every licence granted to a plumber by the Corporation.

 

(5) The Delhi Water  Supply and  Sewage Disposal Committee may, from time to time, prescribe the charges to be paid to licensed plumbers for any work done by them under or for any of the purposes of this Chapter.

 

(6) No licensed plumber shall, for any work referred to in sub-section (5), demand or receive more than the charges prescribed therefor, under that sub-section.

 

(7) The Corporation shall make bye-laws providing for-

 

(a) the exercise of adequate control on all licensed plumbers:

 

(b)  the inspection of all works carried out by them; and

 

(c) the hearing and disposal of complaints made by the owners or occupiers of premises with regard to the quality of work done, material used, delay in execution of work, and the charges made, by a licensed plumber.

 

(8) No licensed plumber shall contravene any of the bye-laws made under this section or execute carelessly or negligently  any work under this Act or make use of bad materials, appliances or fittings.

 

(9) If any licensed plumber contravenes sub-section (8), his licence may be suspended or cancelled whether  he is prosecuted under this Act or not.

 

 

273.Prohibition of certain acts

:- (1) No person shall-

 

(a) wilfully obstruct any person acting under the authority of the Corporation, the Delhi Water Supply and Sewage Disposal Committee or the Commissioner, in setting out the lines of any works or pull up or remove any pillar, post or stake fixed in the ground for the purpose of setting out lines of such work, or deface or destroy any works made for the same purpose; or

 

(b) wilfully or negligently break, injure, turn on, open, close, shut off or otherwise interfere with any lock, cock, valve, pipe, meter or other work or apparatus belonging to the Corporation; or

 

(c) unlawfully obstruct the flow of, or flush, draw off, or divert, or take water from any water work belonging to the Corporation or any water course by which any such water work is supplied; or

 

(d) unlawfully obstruct the flow of, or flush, draw off, or divert, or take sewage from any sewage work belonging to the Corporation or break or damage any electrical transmission line maintained by the Corporation; or

 

(e) obstruct any officer or other employee of the Corporation in the discharge of his duties under this Chapter or refuse or wilfully neglect to furnish him with the means  necessary for the making of any entry, inspection, examination or inquiry thereunder in relation to any water or sewage work; or

 

(f) bathe in, at or upon any water work or wash or throw or cause to enter therein any animal, or throw any rubbish, dirt or filth into any water work or wash or clean therein any cloth, wool or  leather or the skin of any animal, or cause the water of any sink, or drain or any steam-engine or boiler or any polluted water to turn or be brought into any water work, or do any other act whereby the water in any water work is fouled or likely to be fouled.

 

    (2) Nothing in clause (b) of sub-section (1) shall apply in a consumer closing the stopcock fixed on the service pipe supplying water to his premises so long as he has obtained the consent of any other consumer whose supply will be affected thereby.

 

 

CHAPTER XIII

 

ELECTRICITY SUPPLY.

 

 

274.Definitions

:-  In this Chapter, unless the context otherwise requires, ---

 

 (a)  the expressions "generating station" and "main transmission line" have the same meanings as in the Electricity (Supply) Act, 1948 (54 of 1948);

 

 (b)  the word "licensee" has the same meaning as in the Indian Electricity Act, 1910(9 of 1910).

 

 

275.Functions in relation to electricity supply

:-  (1)  It shall be the duty of the Delhi Electric Supply Committee to develop and maintain an efficient, co-ordinate and economical system of electricity supply for the whole of the Union territory of Delhi and for that purpose to take steps from time to time ---

 

(a) for generating or acquiring supplies of electricity.

 

 (b)  for providing supplies of electricity for licenses and persons other than licenses for whom immediately before the establishment of the Corporation the Delhi State Electricity Board constituted under the Electricity (Supply) act, 1948(54 of 1948), was providing or competent to provide, such supplies under that Act; and

 

(c)  for preparing and carrying out in accordance with rules made in this behalf schemes for the generation and supply of electricity :

 

Provided that without the previous permission of the Central Government the Corporation or the Delhi Electric Supply Committee, or the General Manger (Electricity), shall not ---

 

( i ) give up any scheme prepared and sanctioned by the Delhi State Electricity Board; or

 

( ii )  give up or slow down execution of any work undertaken in pursuance of any such scheme.

 

(2)  In the discharge of its functions in relation to electricity supply, the Delhi Electric Supply Committee shall, as far as practicable ---

 

(a) promote the use of all economical methods of generating, transmitting and distributing electricity;

 

(b) secure the development of supplies of electricity;

 

(c)  secure the extension of supplies of electricity to areas without such supplies;

 

(d)  promote the standardisation of systems of supply and types of electrical fittings;

 

(e)  promote the simplification standardisation of methods of charge for supplies of electricity.

 

 

276.Additional functions in relation to electricity supply

:-  (1)  The Delhi Electric Supply Committee May take steps in accordance with the previous of this Act to manufacture, purchase, sell or let on hire on the execution of a hire purchase agreement or otherwise, any electrical machinery, control gear, fittings, wires or apparatus for lighting, heating, cooling or motive power or for any other purpose for which electricity can or may be used, or any industrial or agricultural machinery operated by electricity, and to install, connect, repair, maintain or remove such machinery, control gear, fittings, wires or apparatus and in respect thereof demand and take such remuneration or rents and charges and make such terms and conditions as it deems fit.

 

(2)  The Committee may also maintain shops and show rooms for the display, sale or hire of machinery, control gear, fittings, wires or apparatus as aforesaid, conduct displays, exhibitions and demonstrations thereof and generally do all things, including advertising incidental to the sale or hire of such machinery, control gear, fittings, wires and apparatus and to the promotion and encouragement of the use of electricity.

 

(3)  Moneys received and expended in connection with any undertakings under this section shall be shown separately in the Electric Supply Accounts.

 

 

277.Corporation to have powers and obligations of licensee under Act 9 of 1910

:- Subject to the provisions of this Act, the Corporation shall in respect of the whole of the Union territory of Delhi, have all the powers and obligations of a licensee under the Indian Electricity Act, 1910, and this Chapter shall be deemed to be the licence of the Corporation for the purposes of that Act :

 

Provided that nothing in sections 3 to 11 of, or in clauses I to IX of the Schedule to, that Act relating to the duties and obligations of a licensee shall apply to the Corporation.

 

 

278.Power to construct or acquire new undertakings, etc

.:-  (1)  The Delhi Electric Supply Committee may take steps in accordance with the provisions of this Act, ---

 

 (a)  to construct or acquire in any part of the Union territory of Delhi subject to the provisions of the Indian Electricity Act, 1910(9 of 1910), or of any other law for the time being in force, undertakings for the generation or supply of electricity and for electric traction, and enter into any agreement with any person for the supply of electricity to or by the Corporation;

 

(b)  to construct buildings or works of every description necessary or desirable for the maintenance, operation and development of the Delhi Electric Supply Undertaking in any part of the Union territory of Delhi;

 

(c)  to purchase or take on lease or hire or otherwise acquire any movable property or immovable property or any right in any such property in any part of the Union territory of Delhi.

 

 (2)  The General Manager (Electricity) shall, on behalf of the Corporation, exercise all the powers and be subject to all the obligations of a licensee under the Indian Electricity Act, 1910(9 of 1910), or any other law for the time being in force relating to the generation or supply of electricity.

 

 

279.Power of carrying out, renewing and repairing works

:-  (1)  For the purpose of carrying out, renewing and repairing works in connection with the Delhi Electric Supply Undertaking, the General Manager (Electricity) may, in any part of the Union territory of Delhi, exercise the same powers as under the provisions of Chapter XII the Commissioner may exercise for carrying out renewing and repairing works relating to water supply or sewage disposal subject to the same restrictions as are by this Act imposed on the exercise of such powers.

 

(2)  When a work undertaken by the General Manager (Electricity) involves the opening or breaking up of any street, such work shall not be commenced and carried out except in consultation with the Commissioner or with such officer as the Commissioner may designate in this behalf.

 

 

280.Restriction on building and other acts interfering with the works of Undertaking

:-  (1)  No building, wall or other structure shall be newly erected and no street or railway shall be constructed over, or in such a manner as to interfere with, any work constructed or maintained for the purposes of the Delhi Electric Supply Undertaking except with the written permission of the General Manager (Electricity).

 

(2)  The General Manager (Electricity) may, with the approval of the Delhi Electric Supply Committee cause any building , wall or other structure erected, or any street or railway constructed in contravention of sub-section(1), to be removed or otherwise dealt with as he deems fit, and the expenses incurred therefor shall be paid by person or authority responsible and shall be recoverable from such person or authority as an arrear of tax under this Act.

 

 

281.Power of Corporation to make arrangements with licensees

:- (1)  The Corporation may, on the recommendation of the Delhi Electric Supply Committee, enter into an agreement with any licensee within the Union territory of Delhi in regard to the purchase or sale of electricity and the price thereof or in regard to the purchase, operation or control of any generating station or main transmission line and notwithstanding anything contained in any law or in any licence, memorandum of association or other instrument regulating the constitution and powers of the licensee, it shall be lawful for the licensee to enter into and carry out any such agreement.

 

(2)  In entering into an agreement under this section the Corporation shall not show any undue preference to any licensee.

 

 

282.Restriction on establishment of new generating stations or major additions to or replacement of plant in generating stations

:-  (1)  Notwithstanding anything contained in any other law for the time being in force or in any licence, it shall not be lawful for a license or any other person, except with the permission in writing of the Corporation granted on application made in this behalf to establish or acquire a new generating station or to extend or replace any major unit of plant or works pertaining to the generation of electricity in a generating station.

 

(2)  There shall be stated in every application for permission under this section such particulars as the Corporation may reasonably require of the station, plant or works, as the case may be, in respect of which it is made, and where permission is given thereto in acting in pursuance of such permission the applicant shall not without the further permission of the Corporation, make any material variation in the particulars so stated.

 

 

283.Charges for supply of electricity

:-  Subject to the provisions of any law for the time being in force, charges shall be leviable for the supply of electricity by the Corporation at such rates as may, from time to time, be fixed by the Delhi Electric Supply Committee with the approval of the Corporation.

 

 

284.Bulk supply of electricity to the New Delhi Municipal Committee and Military Engineer Services, Delhi Cantonment

:-  The Corporation shall be bound to provide bulk supplies of electricity for the New Delhi Municipal Committee and the Military Engineer Services, Delhi Cantonment, upto the quantity demanded by each of these authorities, or if the total demand is in excess of the available supply, up to such proportion in the case of each of these authorities as the Corporation may, with the approval of the Central Government, determine.

 

 

285.Payment of actual cost of supply of electricity

:-  The New Delhi Municipal Committee or, as the case may be, the Military Engineer Services, Delhi Cantonment, shall pay for the electricity supplied to it the actual cost of supply of such electricity at such rate or rates as may be determined by agreement between the Corporation and the authority concerned :

 

Provided that in the case of any dispute between the Corporation and any such authority as to the rate, the dispute shall be referred to the Central Government whose decision thereon shall be final.

 

 

286.Dissolution of the Delhi State Electricity Board

:- (1)  The Delhi State Electricity Board constituted under the Electricity (Supply) Act, 1948(54 of 1948), shall cease to function as from, and shall be deemed to be dissolved on, the date of the establishment of the Corporation under this Act.

 

(2)  On the dissolution of the Board ---

 

 (a) the provisions of the Electricity (Supply) Act,1948(54 of 1948, relating to State Electricity Boards shall cease to have effect in the Union territory of Delhi; and

 

(b)  the other provisions of that Act shall have effect therein as if the Delhi State Electricity Board had never been constituted.

CHAPTER XIV

 

Transport Services

 

 

 

287.Definitions

:-  In this Chapter, unless the context otherwise requires, -

 

(a)  "road transport service" means a service carrying passengers or goods or both by road in vehicles for hire or reward ;

 

(b)  "vehicle"  means any mechanically propelled vehicle, used or capable of being used for the purpose of road transport, and includes a tram car, a trolley-vehicle and a trailer;

 

(c)  words and expressions used but not defined in this Chapter and defined in the Motor Vehicles Act, 1939(4 of 1939), have the meanings assigned to them in that Act.

 

 

288.Functions in relation to transport services

:-  It shall be the general duty of the Delhi Transport Committee to take steps from time to time for providing or securing or promoting the provision of an efficient, adequate, economical and property co-ordinated system of transport services for passengers and goods in the Union territory of Delhi and in any area to which the operation of any road transport service of the Corporation has been extended (hereafter in this Chapter referred to as "extended area") in the manner provided in section 292 and for that purpose ---

 

(a)  to operate road transport services in the Union territory of Delhi and in any extended area;

 

(b)  to provide for any ancillary service.

 

 

289.Powers in relation to transport services

:-  (1)  The Delhi Transport Committee may take steps in accordance with the provisions of this Act -

 

(a) to manufacture, purchase, maintain and repair rolling-stock, vehicles, appliances, plant, equipment or any other thing required for the efficient operation of the Delhi Transport Undertaking;

 

(b)  to acquire in accordance with schemes prepared under this Act either compulsorily in accordance with such procedure as may be prescribed by bye-laws made in this behalf or by agreement, whether absolutely or for any period, the whole or any part of any transport service operated by any other person to the extent to which the activities thereof consist of the operation of road transport services or ancillary services in the Union territory of Delhi or in any extended area;

 

(c)  to construct buildings or works of every description necessary or desirable for the maintenance, operation and development of the Delhi Transport Undertaking;

 

(d)  to dispose of scrap vehicles, old tyres, used oils and any other stores of scrap value;

 

(e)  to purchase vehicles of such type as may be suitable for use in the road transport services operated under this Act;

 

(f)  to purchase or otherwise secure by agreement vehicles, garages, sheds, office buildings, depots, land, workshops, equipment, tools, accessories to and spare parts for vehicles or any other article owned or possessed by any dealer or the owner of any other transport service;

 

(g)  to do anything for the purpose of advancing the skill of persons employed for the purpose of the Undertaking or the efficiency of the equipment necessary for the Undertaking or of the manner in which that equipment is operated, including the provision of facilities for training, education and research;

 

(h)  to enter into and carry out agreements with any person carrying on business as a carrier of passengers or goods providing for the carriage of passengers or goods on behalf of the Corporation by that other person at a through fare or freight;

 

( i )  to do all other things to facilitate the proper carrying on of the business of the Undertaking.

 

(2)  Nothing in this section shall be construed as authorising the Corporation or the Delhi Transport Committee or the General Manager (Transport) except with the previous permission of the Central Government, ---

 

(a)  to manufacture or maintain anything which is not required directly or indirectly for use for the purpose of the Undertaking or to repair, store or provide any service for, any vehicle which does not belong to the Corporation or is  not used directly or indirectly for the purpose of the Undertaking;

 

(b)  to purchase any vehicle for the purpose of sale to any person, or to sell or supply to any person lubricants, spare parts or equipment for, or accessories to, vehicles ;

 

(c)  to let vehicles on hire for the carriage of passengers or goods save as expressly provided by or under this Act.

 

(3)  The Delhi Transport Committee shall, with the previous approval of the Corporation and in the case of road transport service operated in any extended area also with the previous approval of the Government of the State within which such extended area is situated, determine the fares and freights for the carriage of passengers and goods in any road transport service operated under this Act.

 

 

290.Preparation of schemes

:-  With a view to developing road transport services on any route or in any area within the Union territory of Delhi, the General Manager (Transport) may, from time to time, prepare schemes not inconsistent with this Act for starting new road transport services or augmenting its existing road transport services on such route or in such area in which provision may be made for all or any of the following matters, namely : --

 

(a)  the purchase of chassis of motor vehicles or vehicles of a suitable type;

 

(b)  the making of arrangements for building suitable types of bodies for vehicles;

 

(c)  the erection of stands and sheds for passengers and goods;

 

(d)  the purchase of equipment, tools and spare parts for, and accessories to, vehicles ; and

 

(e)  such supplemental, incidental and consequential provisions as may appear necessary or expedient for any of the purposes aforesaid.

 

 

291.Sanction of schemes

:-  (1)  The General Manager (Transport) shall, after a scheme has been prepared under section 290, obtain the advice of the Delhi Transport Committee thereon and place the scheme with the advice before the Corporation.

 

(2)  The Corporation may, after considering the advice so obtained either sanction the scheme without modifications or with such modifications as it may deem necessary or reject the scheme.

 

 

292.Extension of operation of the road transport services of the Corporation to areas within another State

:-  (1)  If the General Manager (Transport) considers it to be expedient in the public interest to extend the operation of any of the road transport services to any area within another State he may, with the previous approval of the Delhi Transport Committee and the Corporation, negotiate with the Government of that State regarding the proposed extension.

 

(2)  If the Government of that State approves the proposed extension, the General Manager (Transport) shall prepare a scheme for the purpose and submit the same to the Corporation for its approval through the Delhi Transport Committee.

 

(3)  After the scheme has been approved by the Corporation, it shall be competent for the General Manager (Transport) to extend the operation of the road transport service to such area and when the operation of such service is so extended, he shall operate the service in that area subject to the provisions of any law in force in the State within which such area is situated.

 

 

293.Power to alter or extend the schemes

:-  The General Manager (Transport) may, from time to time, alter to extend a scheme by a supplementary scheme prepared and sanctioned in the manner provided in the foregoing provisions of this Chapter.

 

 

294.The Undertaking to be run on business principles

:-  In carrying on the Delhi Transport Undertaking, the General Manager (Transport) shall act as far as possible on business principles.

 

 

295.Application of the provisions of the Motor Vehicles Act, 1939, or any rules make thereunder to vehicles and employees of the Undertaking

:-The Motor Vehicles Act, 1939(4 of 1939) (in this section referred to as the said Act) shall have effect subject to the following provisions, namely : -

 

(a)  the Central Government may, by notification in the Official Gazette, authorise subject to such terms and conditions, if any, as it may deem fit to impose, any person to exercise and perform to the exclusion of the Licensing Authority, Registering Authority, Motor Vehicles Inspector, Traffic Inspector Regional Transport Authority or State Transport Authority, as the case may be, and without following the procedure laid down for the purpose in the said Act all or such of the powers, functions and duties of the Licensing Authority, Registering Authority, Motor Vehicles Inspector, Traffic Inspector, Regional Transport Authority or State Transport Authority under the said Act or under the rules made thereunder in relation to motor vehicles of the Corporation and the drivers and conductors of those vehicles as may be specified in the notification;

 

(b)  the Central Government may, if it so thinks necessary, by order, cancel, suspend or vary the conditions of any stage carriage, contract carriage or public carrier's permit which has been granted or countersigned under Chapter IV of the said Act by any Regional Transport Authority in the Union territory of Delhi or by the State Transport Authority, Delhi, and is valid within the whole or any part of that territory and any order so passed shall be final;

 

(c)  if the Central Government, by order in writing so directs, any Regional Transport Authority within the Union territory of Delhi or the State Transport Authority, Delhi, shall not grant, countersign or renew any permit under Chapter IV of the said Act other than a private carrier's permit ;

 

(d)  the Central Government may, by order in writing, exempt the motor vehicles of the Corporation or the employees of the Undertaking from the provisions of the said Act or of any rules made thereunder relating to the carrying of certificates of registration and fitness.

 

 

296.Power of Central Government to exempt vehicles of the Corporation from payment of certain charges

:- The Central Government may, by order in writing, exempt all or any of the vehicles of the Corporation from payment of any tolls or other charges leviable under any enactment for the use of the road within the Union territory of Delhi.

 

 

297.Maintenance and repairs of portion of streets where tramway is laid

:-The General Manager (Transport) shall cause to be maintained and kept in good condition and repair so much of any street wherein any tramway is laid as lies between the rails of the tramway and where two tramways are laid in any street at a distance of not more than six feet from each other, the portion of the street between the tramways and in any case as much of the street as extends eighteen inches beyond the rails of, and on each side of, any such tramway.

 

CHAPTER XV.

 

STREETS

 

Construction, maintenance and improvement of streets.

 

 

298.Vesting of public streets in the Corporation

:- (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 this 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.

 

 

299.Functions of Commissioner in respect of public streets

:-  (1)  The Commissioner shall, from time to time, cause all public streets vested in the Corporation to be levelled, 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-passengers :

 

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 notice published in the manner specified by bye-laws give reasonable opportunity to the residents likely to be affected by such closure to make suggestions or objections with respect to such closure 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.

 

 

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

:-  Whenever any public street or a part thereof is permanently closed under sub-section (2) of section 299 the site of such street or of the portion thereof may be disposed of as land vesting in the Corporation.

 

 

301.Power to make new public streets

:-  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 sub-ways;

 

(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.

 

 

302.Minimum width of new public streets

:-  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 carried upon, 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.

 

 

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

:-  (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 unwidely 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 premises from any particular public street carrying high speed vehicular traffic :

 

Provided that the Commissioner shall not take action without the sanction of the Corporation in cases under clause (a) and without the sanction of the Standing Committee in cases under clause (c).

 

(2)  Notices of such prohibition as are imposed under sub-section (1) shall be posted in conspicuous places at or near both ends of public streets or portions thereof to which they relate, unless such prohibition applies generally to all public streets.

 

 

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

:-  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 such street;

 

(c)  acquire any land for the purpose of laying out or making a public parking place.

 

 

305.Defining the regular line of streets

:-  (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 Commissioner under this sub-section.

 

(2)  The line for the time being defined or redefined shall be called the regular line of street.

 

(3)  No person shall construct or reconstruct any building or a portion thereof or any boundary wall or other structure whatsoever within the regular line of a street except with the written permission of the Commissioner :

 

Provided that if within sixty days after the receipt of application from any person for permission to construct or reconstruct a boundary wall or a portion thereof, the Commissioner fails to take steps to acquire the land within the regular line of the street in accordance with section 308, then, that person may, subject to any other provisions of this Act and the bye-laws made thereunder, proceed with the work of construction or reconstruction of such boundary wall or portion thereof.

 

(4)  When the Commissioner grants permission for the construction or reconstruction of any building or any boundary wall or other structure within the regular line of a street, he may require the owner of the building to execute an agreement binding himself and his successors-in-interest not to claim compensation in the event of the Commissioner at any time thereafter calling upon him or any of the successors by written notice to remove any work carried out in pursuance of such permission and to pay the expenses of such removal if, in default, such removal is carried out by the Commissioner and may for that purpose require such owner to deposit in the Municipal Fund such sum as may be determined by him.

 

(5)  The Commissioner shall maintain ---

 

(a)  a register containing such particulars as may be specified by him in this behalf with plans attached thereto showing all public streets in respect of which the register line of the street has been defined or redefined and containing any other particulars which the Commissioner may deem necessary;

 

(b)  a register of all agreements executed under sub-section (4) and of all deposits made thereunder.

 

(6)  All such registers shall be open to inspection by any person on payment of such fee as may be prescribed by the Commissioner with the sanction of the Standing Committee.

 

 (7)  Any agreement entered into in pursuance of sub-section (4) shall be in writing, shall be registered under the Indian Registration Act, 1908(16 of 1908), and shall be deemed to be an agreement in respect of the land to which it relates and any condition contained in such agreement shall be deemed to be an obligation annexed to the ownership of the said land and enforceable against the successors-in-interest of the owner of such land.

 

 

306.Setting back building to regular line of street

:-  (1)  If any part of a building abutting on public street is within the regular line of that street, the Commissioner may, when-ever 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 alternations of, any portion of such building which is within 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 falls down or is burnt down or is, whether by the order of the Commissioner or otherwise, taken down, the Commissioner may forthwith take possession on behalf of the Corporation of the portion of the land within the regular line of the street theretofore occupied by the said building and, if necessary, clear the same.

 

(3)  Land acquired under this section shall be deemed to be a part of the public street and shall vest in the Corporation.

 

 

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

:-  (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 regular line of the street within such period as is specified in the notice.

 

(3)  If within such period the owner of the building fails to pull down the building or part thereof as required by the Commissioner, the Commissioner may pull down the same and all the expenses incurred in so doing shall be paid by the owner and recoverable from him as an arrear of tax under this Act.

 

(4)  The Commissioner shall at once take possession on behalf of the Corporation of the portion of the land within the regular line of the street occupied by the said building or part thereof and such land shall thereupon be deemed to be a part of the public street and shall vest in the Corporation.

 

 

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

:-  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 to do so, take possession on behalf of the Corporation of the said land with its enclosing wall, hedge or fence, if any, or of the said platform, verandah, step, compound wall, hedge, fence or other structure or 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 the public street and shall vest in the Corporation :

 

Provided that where the land or building is vested in the Union or a State the Commissioner shall not take possession thereof without the previous sanction of the Central Government.

 

 

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

:-  (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 utilised for the purpose of setting forward a building under section 210.

 

 

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

:-  The Commissioner may, upon such terms as he thinks fit allow any building to be set forward for the purpose or 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 a 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.

 

 

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

.:-  (1)  Compensation shall be paid by the Commissioner to the owner of any building or land acquired for a public street under the provisions of section 306, 307 and 308 for any loss which such owner may sustain in consequence 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 Commissioner may recover from him half the amount of such excess as a betterment charge.

 

(2)  If in consequence of any order to set forward a building made by the Commissioner, the owner of such building sustains any loss or damage, compensation shall be paid to him by the Commissioner for such loss or damage after taking into account any increase in value likely accrue from the setting forward.

 

(3)  If the additional land which will be included in the premises of any person required or permitted under sub-section (2) to set forward a building belongs to the Corporation the order or permission of the Commissioner to set forward the building shall be a sufficient conveyance to the said owner of the said land; and the price to be paid to the Corporation by the owner for which additional land and the other terms and conditions of the conveyance shall be set forth in the order or permission.

 

(4)  If, when the Commissioner requires any building to be set forward, the owner of the building is dissatisfied with the price fixed to be paid to the Corporation or with any of the terms or conditions of conveyance, the Commissioner shall, upon the application of the owner at any time within fifteen days after the said terms and conditions are communicated to him, refer the case for the determination of the court of the district judge of Delhi whose decision thereon shall be final.

 

 

Private streets.

 

 

312.Owners obligation when dealing with land as building sites

:-If the owner of any land utilises, 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 street.

 

 

313.Lay-out plans

:-  (1) Before utilising, selling or otherwise dealing with any land under section 312, the owner thereof shall send to the Commissioner a written application with a lay-out 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 or streets;

 

(d)  the regular line of street or streets;

 

(e)  the arrangements to be made for levelling, paving, metalling, flagging, channelling, sewering, draining, conserving and lighting street or streets.

 

(2)  The provisions of this Act and the bye-laws made thereunder as to width of the public streets and the height of buildings abutting thereon, shall apply in the case of streets referred to in sub-section (1) and all the particulars referred to in that sub-section shall be subject to the sanction of the Standing Committee.

 

(3)  Within sixty days after the receipt of any application under sub-section (1) the Standing Committee shall either accord sanction to the lay-out plan on such conditions as it may think fit or disallow it or ask for further information with respect of it.

 

(4)  Such sanction shall be refused ---

 

(a)  if the particulars shown in the lay-out plan would conflict with any arrangements which have been made or which are in the opinion of the Standing Committee likely to be made for carrying out any general scheme of development of Delhi whether contained in the master plan or a zonal development plan prepared for Delhi or not ; or

 

(b)  if the said lay-out plan does not conform to the provisions of this Act and bye-laws made thereunder ; or

 

(c)  if any street proposed in the plan is not designed so as to connect at one end with a street which is already open.

 

(5)  No person shall utilise , sell or otherwise deal with any land or lay-out or make any new street without or otherwise than in conformity with the orders of the Standing Committee and if further information is asked for, no step shall be taken to utilise, sell or otherwise deal with the land or to lay-out or make the street until orders have been passed upon receipt of such information :

 

Provided that the passing of such orders shall not be in any case delayed for more than sixty days after the  Standing Committee has received the information which it considers necessary to enable it to deal with the said application.

 

(6)  The lay-out plan referred to earlier in this section shall, if so required by the Standing Committee, be prepared by a licensed town planner.

 

 

314.Alteration or demolition of street made in breach of section 313

:-  (1)  If any person lays-out or marks 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 personality 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 on whom such notice is served fails to show cause to the satisfaction or the Commissioner why such street should not be so altered or demolished, the Commissioner may pass an order directing the alteration or demolition of such street.

 

 

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

:-  (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 this 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.

 

 

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

:-  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 the sub-section (1) of that section shall, declare such a street to be public street and there upon the street shall vest in the Corporation.

 

 

Encroachments on streets.

 

 

317.Prohibition of projections upon streets, etc

.:-  (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) overhand, 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 cleaning 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 in contravention of this section.

 

(3)  If the occupier of the said premises removes or alters any structure of fixture in accordance with such notice, he shall be entitled, unless the structure or fixture was erected, set up or placed by himself, to credit into account with the owner of the premises for all reasonable expenses incurred by him in complying with the notice.

 

 

318.Projections over streets may be permitted in certain cases

:- (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 building to remove a verandah, balcony, sun-shade, weather frame or the like put up on accordance with the provisions of any law and such owner or occupier shall be bound to take action accordingly but shall be entitled to compensation for the loss caused to him by such removal and the cost incurred thereon.

 

 

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

:-  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 open 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.

 

 

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

:-  (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.

 

 

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

:-  (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 public place 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.)

 

 

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

:-  The Commissioner may, without notice, cause to be removed --

 

(a)  any stall, chair, 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 while street or in any 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.

 

 

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

:- (1)  No person 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 maybe 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).

 

Provisions concerning execution of works in or near to street.

 

 

324.Precautions during repair of streets

:-  (1)  The Commissioner shall, so far as is practicable during the construction or repair of any public street, or any municipal drain or any premises vested in the corporation ---

 

(a)  cause the same to be fenced and guarded,

 

(b) take proper precautions against accident by shorting 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 or 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 said street, drain or premises to be repaired and the rubbish occasioned thereby to be removed.

 

(4)  No person shall, without the permission of the Commissioner or other lawful authority, remove any bar, chair, post or shoring, timber, or remove or extinguish any light set up under this section.

 

 

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

:-  (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 payment 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 terminable at the discretion of the Commissioner on his giving not less than twenty-four hours notice of such termination to the person to whom such permission was granted.

 

(3)  The Commissioner may, without notice, cause to be removed any of the things referred to in clause (b) or clause (c) of sub-section (1) which has been deposited or set up in any street without the permission specified in that sub-section or which having been deposited or set up with such permission has not been removed within the period specified in the notice issued under sub-section (2) :

 

Provided that nothing in this sub-section shall apply to cases under clause (b) or clause (c) of sub-section (1) in which an application for permission has been made with such fee as may be prescribed by the Commissioner in this behalf but no reply has been sent to the applicant within seven days from the date of the application.

 

 

326.Disposal of things removed under this Chapter

:- (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 thing and pays to the Commissioner the charges for the removal and storage of such thing, be disposed of by the Commissioner by public auction or in such 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.

 

Naming and numbering of streets and numbering of buildings.

 

 

327.Naming and numbering of streets

:-  (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, corner 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 enclosure thereof.

 

(2)  No person shall destroy, remove, deface or in any way injure or alter any such name or number or sub-number or put up or paint any name or number or sub-number different from that put up or painted by order of the Commissioner.

 

 

 

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

:-  (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 to 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 such temporary measures shall be recoverable from the owner or occupier of the place as an arrear of tax under this Act.

 

Lighting of streets.

 

 

329.Measures for lighting

:-  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 light as the Standing Committee may determine.

 

 

330.Prohibition of removal, etc., of lamps

:-  (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 penalty to which he may be subjected under this Act, pay the expenses of repairing the damage so done by him.

 

 

 

CHAPTER XVI

 

BUILDING REGULATIONS

 

 

 

331.Definition

:- 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 or any part of a building not originally constructed for human habitation or, if originally so constructed, subsequently appropriated for any other purpose;

 

(d) to convert into more than one dwelling house a building originally constructed as one dwelling house only;

 

(e) to convert into a place of religious worship or into a sacred building any place or building not originally constructed for such purpose ;

 

(f) to roof or cover on open space between walls or buildings to the extent of the structure which is formed by the roofing or covering of such space;

 

(g) to convert two or more tenements in a building into a greater or lesser number;

 

(h) to convert into a stall, shop, warehouse or godown, stable, factory or garage any building not originally constructed for use as such or which was not so used before the change;

 

( i ) to convert a building which when originally constructed was legally exempt from the operations of any building regulations contained in this Act or in any bye-laws made thereunder or in any other law, into a building which had it been originally erected in its converted form, which have been subject to such building regulations;

 

( j ) to convert into or use as a dwelling house any building which has been discontinued as or appropriated for any purpose other than, a dwelling house.

 

 

332.Prohibition of building without sanction

:- 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, nor 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 buildings or execution of works.

 

 

333.Erection of building

:- (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 containing such information as may be prescribed by bye-laws made in this behalf.

 

(2) Every such notice shall be accompanies by such documents and plans as may be so prescribed.

 

 

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

:- (1) Every person who intends to execute any of the following works, that is to say, ---

 

(a) to make addition to a building;

 

(b) to make any alteration or repairs to a building involving the removal or re-erection of any external or party wall thereof or  any wall which supports the roof 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 than 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;

 

(d) to make any alteration in a building involving ---

 

( i ) the sub-division of any room in such building so as to convert the same into two or more separate rooms, or

 

( ii ) the conversion of any passage or space in such building into a room or rooms;

 

(e) to repair, remove, construct, reconstruct or make any addition to or structural alteration in any portion of a building abutting on a street which stands within the regular line of such street;

 

(f) to close permanently any door or window in an external wall;

 

(g) to remove or reconstruct the principal staircase or to alter its position;

 

shall apply for sanction by giving notice in writing of his intention to the Commissioner in such form and containing 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.

 

 

335.Conditions of valid notice

:- (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.

 

 

336.Sanction or refusal of building or work

:- (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;

 

(c) that any information or documents required by the Commissioner under this Act or any bye-laws made thereunder has or have not been duly furnished.

 

(d) that in cases falling under section 312, lay-out plans have not been sanctioned in accordance with section 313;

 

(e) that the building or work would be encroachment on Government land or land vested in the Corporation;

 

(f) that the site of the building or work does not abut on a street or projected street and that there is no access to such building or work from any such street by a passage or path-way appertaining to such site.

 

(3) The Commissioner shall communicate the sanction to the person who has given the notice; and where he refuses sanction on any of the grounds specified in sub-section (2) or under section 340 he shall record a brief statement of his reasons for such refusal and communicate the refusal along with the reasons therefor to the person who has given the notice.

 

(4) The sanction or refusal as aforesaid shall be communicated in such manner as may be specified in the bye-laws made in this behalf.

 

 

337.When building or work may be proceeded with

:- (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 receipt 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 :