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The Delhi Municipal Corporation Act, 1957

[Act No. 66 of 1957]

[28th December, 1957.]

Contents
Title Delhi Municipal Corporation Act, 1957
Sections Particulars
Chapter I Preliminary
1. Short title, extent and commencement
2. Definitions
Chapter II The Corporation
3. Establishment of the Corporation
4. Duration of the Corporation
5. Delimitation of wards
6. Power to alter or amend delimitation orders
7. Elections to the Corporation
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.].- Omitted by the Delhi Municipal Corporation Amendment Act 1993 (67 of 1993), s. 20 (w.e.f. 1-10-1993).
14. Publication of result of election
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
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
31. Power to make rules regulating the election of councillors and aldermen
32. Oath or affirmation
33. Vacation of seats
34. Payment of allowances to councillors and aldermen
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
39. Rural Areas Committee and Education Committee
40. Special and adhoc committies and ward committees, etc.
Chapter III Functions of The Corporation
41. General powers of the Corporation
42. Obligatory functions of the Corporation
43. Discretionary functions of the Corporation
Chapter IV Municipal Authorities Under The Corporation
44. Enumeration of municipal authorities
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 Wards Committee
51. Application of sections 47 and 48
52. Powers and functions of the Wards Committee
54. Appointment, etc., of the Commissioner
55. Salary and allowances of the Commissioner
56. Leave of absence of Commissioner
57. Appointment of officiating Commissioner in case of death, resignation or removal of Commissioner
58. Service regulations of Commissioner
59. Functions of the Commissioner
60. [Appointment, etc. of the General Managers.] Omitted by the Delhi Municipal, Corporation (Amendment) Act, 1993 (67 of 1993), s. 44 (w.e.f. 1-10-1993).
61. [Salary and Allowances of General Managers.] Omitted by s. 44, ibid. (w.e.f. 1-10-1993).
62. [Leave of absence to the General Managers, etc.] Omitted by s. 44, ibid. (w.e.f. 1-10-1993).
63. [Service regulations of the General Managers.] Omitted by s. 44, ibid. (w.e.f. 1-10-1993).
64. [Functions of the General Managers.] Omitted by s. 44, ibid. (w.e.f. 1-10-1993).
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
72. Meetings
73. First meeting of the Corporation after general election
74. Notice of meetings and business
75. Quorum
76. Presiding officer
77. Presiding officer at meeting for the election of Mayor
78. Method of deciding questions
79. Maintenance of order at, and admission of public to, meetings; withdrawal and suspension of councillors and alderman
80. Councillors or aldermen not to vote on matter in which they are interested
81. Right to attend meetings of the Corporation and its committees, etc., and right of councillors and aldermen to ask questions in relation to the municipal government of Delhi
82. Power to make regulations
83. Presiding officers at meetings of the Standing and other committees
84. Conduct of business at meetings of Standing and other committees
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
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
99. Constitution of the Municipal Fund
100. Municipal Fund to be kept in the State Bank of India
101. Operation of the Accounts
102. Payments not to be made unless covered by a budget-grant
103. Duty of persons signing cheques
104. Procedure when money not covered by a budget-grant is expended
105. Application of Municipal Fund
106. Temporary payments from the Municipal Fund for works urgently required for the public service
107. Investment of surplus moneys
108. Constitution of special funds
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
113. Taxes to be imposed by the Corporation under this Act
114. Components and rates of property tax
115. Premises in respect of which property taxes are to be levied
116. Determination of reteable value of lands and buildings assessable to property taxes
117. [Charge by measurement in lieu of water tax in certain cases.] Omitted by the Delhi Municipal Corporation (Amendment) Act, 1993 (Act 67 of 1993), s. 84 (w.e.f. 1-10-1993).
118. [Special rates of scavenging tax in certain cases.] Omitted by s. 84, ibid. (w.e.f. 1-10-1993).
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
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
140. Theatre-tax
141. Liability to pay theatre-tax
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
147. Duty on transfer of property and method of assessment thereof
148. Provisions applicable on the introduction of transfer duty
149. Tax on building applications
150. Imposition of other taxes
151. Supplementary taxation
152. Time and manner of payment of taxes
153. Presentation of bill
154. Notice of demand and notice-fee
155. Penalty in case of default of payment of taxes
156. Recovery of tax
157. Distress
158. Disposal of distrained property and attachment and sale of immovable property
159. Recovery from a person about to leave Delhi
160. Power to institute suit for recovery
161. Power of seizure of vehicles and animals in case of non-payment of tax thereon
162. Occupiers may be required to pay rent towards satisfaction of property taxes
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
169. Appeal against assessment, etc.
170. Conditions of right to appeal
171. Finality of appellate orders
172. Power to inspect for purposes of determining rateable value or tax
173. Composition
174. Irrecoverable debts
175. Obligation to disclose liability
176. Immaterial error not to affect liability
177. General power of exemption
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
184. Proceeds of entertainment tax
Chapter IX Borrowing
185. Power of Corporation to borrow
186. Time for repayment of money borrowed under section 185
187. Form and effect of debentures
188. Payment to survivors of joint payees
189. Receipt by joint holders for interest or dividend
190. Maintenance and investment of sinking funds
191. Application of sinking funds
192. Annual statement by Commissioner
193. Power of Corporation to consolidate loans
194. Priority of payments for interest and repayment of loans over other payments
195. Attachment of Municipal Fund for recovery of money borrowed from Government
196. Power to make regulations
Chapter X Property and Contracts
197. Acquisition of property
198. Acquisition of immovable property by agreement
199. Procedure when immovable property cannot be acquired by agreement
200. Disposalof proper ty
201. Contracts by the Corporation
202. Procedure for making contracts
203. Mode of executing contracts
Chapter XI Accounts and Audit
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
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
210 to 273. Water Supply, Drainage and Sewage Disposal
Chapter XIII Electricity Supply
274 to 286. Electricity Supply
Chapter XIV Transport Services
287 to 297. Transport Services
Chapter XV Streets
298. Vesting of public streets in the Corporation
299. Functions of Commissioner in respect of public streets
300. Disposal of land forming site of public streets permanently closed
301. Power to make new public streets
302. Minimum width of new public streets
303. Power to prohibit use of public streets for certain kind of traffic
304. Power to acquire lands and buildings for public streets and for public parking places
305. Defining the regular line of streets
306. Setting back building to regular line of street
307. Compulsory setting back of building to regular line of street
308. Acquisition of open land and land occupied by platforms, etc., within the regular line of street
309. Acquisition of the remaining part of a building and land after their portions within a regular line of street have been acquired
310. Setting forward of buildings to the regular line of street
311. Compensation to be paid in certain cases of setting back or setting forward of buildings, etc.
312. Owner's obligation when dealing with land as building sites
313. Lay-out plans
314. Alteration or demolition of street made in breach of section 313
315. Power of Commissioner to order work to be carried out or to carry it out himself in default
316. Right of owners to require streets to be declared public
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
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
327. Naming and numbering of streets
328. Commissioner to take steps for repairing or enclosing dangerous places
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 and stoppage of buildings and works in certain cases and appeal
344. Order of stoppage of buildings or works in certain cases
345. Power of Commissioner to require alteration of work
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
350. Provision for daily cleansing of streets and removal of rubbish and filth
351. Rubbish, etc., to be the property of the Corporation
352. Provision or appointment of receptacles, depots and places for rubbish, etc.
353. Duty of owners and occupiers to collect and deposit rubbish, etc.
354. Collection and removal of filth and polluted matter
355. Collection and removal of filth and polluted matter through municipal agency
356. Removal of rubbish, etc., accumulated on premises used as factories, workshops, etc.
357. Prohibition against accumulation of rubbish, etc.
358. Commissioner's power to get premises scavenged and cleansed
359. Public latrines, urinals, etc.
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
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
370. Prohibition against washing by washermen
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
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
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
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
397. Prohibition of nuisances
398. Power of Commissioner to require removal or abetment of nuisance
399. Registration and control of dogs
400. Stacking or collecting inflammable materials
401. Care of naked lights
402. Discharging fireworks, fire-arms, etc.
403. Power to require buildings, wells, etc., to be rendered safe
404. Enclosure of waste land used for improper purposes
Chapter XX Markets, Slaughter Houses, Trade and Occupations
405. Provisions of municipal markets and slaughter houses
406. Use of municipal markets
407. Private markets and slaughter houses
408. Conditions of grant of licence for private market
409. Prohibition of keeping market open without licence, etc.
410. Prohibition of use of un licenced markets
411. Prohibition of business and trade near a market
412. Levy of stallages, rents and fees
413. Stallages, rents, etc., to be published
414. Power to expel lepers and disturbers, etc. from markets
415. Butcher's, fish-monger's and poulter's licence
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
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
430. Signature, conditions, duration, suspension, revocation, etc., of licences and written permissions
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
438. Public notices how to be made known
439. Newspaper in which advertisements or notices to be published
440. Proof of consent etc., of Commissioner, General Managers, 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.
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
450. General power to pay compensation
451. Compensation to be paid by offenders for damage caused by them
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
455. Mode of recovery of certain dues
456. Right of owner to apply to the court of the district judge in case of obstruction by occupier
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
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
469. Municipal magistrates
470. Cognizance of offences
471. Limitation of time for prosecution
472. Power of magistrate to hear cases in absence of accused when summoned to appear
473. Complaints concerning nuisances and procedure therefor
474. Arrest of offenders
475. Duties of police officers
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
482. Penalty for breaches of bye-laws
483. Supplemental provisions respecting bye-laws
484. Bye-laws to be available for inspection and purchase
Chapter XXIV Control
485. Power of Central Government to require production of documents
486. Inspection
487. Directions by Central Government
488. Power to provide for enforcement of direction under section 487
489. Power of Central Government to give directions in relation to primary schools, etc.
490. Dissolution of the Corporation
Chapter XXV Miscellaneous
491. Power to delegate functions of Commissioner
492. Validity of notices and other documents
493. Admissibility of document or entry as evidence
494. Evidence of Municipal officer or employee
495. Prohibition against obstruction of Mayor or any municipal authority, etc.
496. Prohibition against removal of mark
497. Prohibition against removal or obliteration of notice
498. Prohibition against unauthorised dealings with public place or materials
499. Liability of Commissioner, etc., for loss, waste or mis-application of Municipal Fund or property
500. Councillors and municipal officers and employees to be public servants
501. Annual administration report
502. Other laws not to be disregarded
503. Exemption of diplomatic or consular missions from payment of tax etc.
504. Construction of references
505. [Amendment of Delhi Act 3 of 1955.] Rep. by the Repealing and Amending Act, 1960 (58 of 1960), s. 2 and the First Schedule (w.e.f. 26-12-1960).
506. [Amendment of Act 43 of 1950.] Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 26-12-1960).
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.] Omitted by the Delhi Municipal Corporation (Amendment) Act, 1993 (67 of 1993), s. 132 (w.e.f. 1-10-1993).
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
First Schedule Boundaries of New Delhi
Second Schedule Bodies and Local Authorities whose Functions are taken over by the Corporation
Third Schedule Rates of Taxes Leviable on Vehicles and Animals
Fourth Schedule Theatre-Tax
Fifth Schedule Tax on Advertisements other Than Advertisements Published in The Newspapers
Sixth Schedule Tax on Building Applications
Seventh Schedule Notice of Demand
Eighth Schedule Form of Warrant
Ninth Schedule Form of Inventory of Property Distrained and Notice of Sale
Tenth Schedule Rates of Terminal Taxes on Goods
Eleventh Schedule Purposes for Which Premises may not be used without a Licence
Twelfth Schedule Penalties
Thirteenth Schedule Enactments Ceasing to Have Effect in Delhi
Fourteenth Schedule The Number, Names and Areas of Various Zones
Fifteenth Schedule Powers and Functions of The Wards Committee


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