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The Delhi Municipal Council Act, 1957

[Act No. 66 of 1957]

[28th December, 1957.]

Contents:
Title Delhi Municipal Council Act, 1957
Sections: Particulars:
Chapter I Preliminary Sections
1. Short title and commencement
2. Definitions
Chapter II The Corporation
3. Establishment of the Corporation
3A. Division of Delhi into zones
4. Duration of the Corporation
5. Delimitation of wards
5A. [Omitted]
6. Power to alter or amend delimitation orders
7. Elections to the Corporation
7A. Electoral roll for every ward
7B. Electoral registration officers
7C. Assistant electoral registration officers
7D. Registration of Electors
7E. Preparation and revision of electoral rolls
7F. Correction of entries in electoral roll
7G. Inclusion of names in electoral roll
7H. Appeal
7I. Jurisdiction of civil courts barred
8. Qualifications for councillorship
9. Disqualifications for membership of Corporation
Chapter III Functions of The Corporation
10. Right to vote
11. General elections of councillors
12. Filling of casual vacancies in councillorship
Chapter IV Municipal Authorities Under The Corporation
13. [Omitted]
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
Chapter V Procedure
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
32A. Declaration of assets
32B. Vacation of seats in case of multiple membership
Chapter VI Municipal Officers and Other Municipal Employees
33. Vacation of seats
33A. Powers of Election Commission
33B. Statements made by persons to the Election Commission
33C. Procedure to be followed by the Election Commission
33D. Protection of action taken in good faith
34. Payment of allowances to councillors and aldermen
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
41. General powers of the Corporation
42. Obligatory functions of the Corporation
43. Discretionary functions of the Corporation
Chapter VII Revenue and Expenditure
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
53. Appointment, etc, of the Commissioner
54. Salary and allowances of the Commissioner
55. Leave of absence of Commissioner
56. Appointment of officiating Commissioner in case of death, resignation or removal of Commissioner
57. Service regulations of Commissioner
58. Functions of the Commissioner
59. [Omitted]
Chapter VIII Taxation
60. [Omitted]
61. [Omitted]
62. [Omitted]
63. [Omitted]
64. Appointment of sub-committees by the various committees
65. Commissioner and General Managers not to be interested in any contract, etc, with the Corporation
66. Vacation of seats by members of committees
67. Committees to continue in office till new committees are constituted
68. Power of Corporation to call for extracts of proceedings from the Committees
69. Power of Corporation to require the Commissioner, etc, to produce documents and furnish returns, reports, etc
70. Exercise of powers to be subject to sanction
71. Meetings
72. First meeting of the Corporation after general
73. Notice of meetings and business
74. Quorum
75. Presiding officer
76. Presiding officer at meeting for the election of Mayor
77. Method of deciding questions
78. Maintenance of order at, and admission of public to, meetings; withdrawal and suspension of councillors and alderman
79. Councillors or aldermen not to vote on matter in which they are interested
80. 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
81. Power to make regulations
82. Presiding officers at meetings of the Standing and other committees
83. Conduct of business at meetings of Standing and other committees
84. Keeping of minutes and proceedings
85. Circulation of minutes and inspection of minutes and reports of proceedings
86. Forwarding minutes and reports of proceedings to the Administrator
87. Validation of proceedings, etc
88. Appointment of certain officers
89. Schedule of permanent posts and creation of temporary posts
90. Restriction on employment of permanent officers and other employees
91. Power to make appointments
92. Power of Chairperson in case of contravention
92A. Recruitment to category B and category C posts
93. Officers and other employees not to undertake any extraneous work
94. Punishment for municipal officers and other employees
95. Consultation with the Union Public Service Commission
96. Power of Commission to make regulations and reference to the Central Government in case of difference between the Commission and the Corporation
97. Power of Corporation to make regulations
98. Constitution of the Municipal Fund
99. Municipal Fund to be kept in the State Bank of India
100. Operation of the Accounts
101. Payments not to be made unless covered by a
102. Duty of persons signing cheques
103. Procedure when money not covered by a budget-grant is expended
104. Application of Municipal Fund
105. Temporary payments from the Municipal Fund for works urgently required for the public service
106. Investment of surplus moneys
106A. Constitution of Finance Commission
107. Constitution of special funds
108. Adoption of budget estimates
109. Power of Corporation to alter budget estimates
110. Power of Corporation to re-adjust income and expenditure during the year
111. Provisions as to unexpended budget-grant
112. Taxes to be imposed by the Corporation under this Act
113. Components and rates of property tax
114. Premises in respect of which property taxes are to be levied
115. Determination of reteable value of lands and buildings assessable to property taxes
116. [Omitted]
117. [Omitted]
118. Taxation of Union properties
119. Incidence of property taxes
120. Apportionment of liability for property taxes when the premises assessed are let or sub-let
121. Recovery of property taxes from occupiers
122. Property taxes a first charge on premises on which they are assessed
123. Assessment list
124. Evidential value of assessment list
125. Amendment of assessment list
Chapter IX Borrowing
126. Preparation of new assessment list
127. Notice of transfers
128. Notice of erection of building, etc
129. Notice of demolition or removal of building
130. Power of Commissioner to call for information and returns and to enter and inspect premises
131. Premises owned by, or let to, two or more persons in severalty to be ordinarily assessed as one property
132. Assessment in case of amalgamation of premises
133. Power of Commissioner to assess separately out-houses and portions of buildings
134. Power of Commissioner to employ valuers
135. Tax on certain vehicles and animals and rates thereof
136. The tax on whom leviable
Chapter X Property and Contracts
137. Tax when payable
138. Power of Commissioner to compound with livery stable keeper, etc, for tax
139. Theatre-tax
140. Liability to pay theatre-tax
141. Tax on advertisements
142. Prohibition of advertisements without written permission of the Commissioner
143. Permission of the Commissioner to become void in certain cases
144. Presumption in case of contravention
Chapter XI Accounts and Audit
Chapter XII Water Supply, Drainage and Sewage Disposal
145. Power of Commissioner in case of contravention
146. Duty on transfer of property and method of assessment thereof
147. Provisions applicable on the introduction of transfer duty
148. Tax on building applications
149. Imposition of other taxes
150. Supplementary taxation
151. Time and manner of payment of taxes
152. Presentation of bill
153. Notice of demand and notice-fee
154. Penalty in case of default of payment of taxes
155. Recovery of tax
156. Distress
157. Disposal of distrained property and attachment and sale of immovable property
158. Recovery from a person about to leave Delhi
159. Power to institute suit for recovery
160. Power of seizure of vehicles and animals in case of non-payment of tax thereon
161. Occupiers may be required to pay rent towards satisfaction of property taxes
162. Demolition, etc, of buildings
163. Remission or refund of tax
164. Power to require entry in assessment list of details of buildings
165. Notice to be given of the circumstances in which remission or refund is claimed
166. What buildings, etc, are to be deemed vacant
167. Notice to be given of every occupation of vacant land or building
168. Appeal against assessment, etc
169. Conditions of right to appeal
170. Finality of appellate orders
171. Power to inspect for purposes of determining rateable value or tax
172. Composition
173. Irrecoverable debts
174. Obligation to disclose liability
175. Immaterial error not to affect liability
176. General power of exemption
177. Terminal tax on goods carried by railway or road
178. Recovery of terminal taxes
179. Payment by the Central Government to the Corporation and other local authorities
180. Power of exemption
181. Powers and liabilities of persons authorised to collect terminal taxes
182. Power to make rules
183. Proceeds of entertainment tax
184. Power of Corporation to borrow
185. Time for repayment of money borrowed under section 185
186. Form and effect of debentures
187. Payment to survivors of joint payees
188. Receipt by joint holders for interest or dividend
189. Maintenance and investment of sinking funds
190. Application of sinking funds
191. Annual statement by Commissioner
192. Power of Corporation to consolidate loans
193. Priority of payments for interest and repayment of loans over other payments
194. Attachment of Municipal Fund for recovery of money borrowed from Government
Chapter XIII Electricity Supply
195. Power to make regulations
196. Acquisition of property
197. Acquisition of immovable property by agreement
198. Procedure when immovable property cannot be acquired by agreement
199. Disposal of property
200. Contracts by the Corporation
201. Procedure for making contracts
Chapter XIV Transport Services
Chapter XV Streets
202. Mode of executing contracts
203. Accounts to be kept
204. Scrutiny of accounts by Municipal Chief Auditor and by the Standing Committee
205. Report by the Municipal Chief Auditor
206. Special audit at the direction of the Central Government
207. Procedure to be followed by the Municipal Chief Auditor
208. Power of Municipal Chief Auditor to make queries, etc, and call for returns, etc
209. Omitted
210. Omitted
211. Omitted
212. Omitted
213. Omitted
214. Omitted
215. Omitted
216. Omitted
217. Omitted
218. Omitted
219. Omitted
220. Omitted
221. Omitted
222. Omitted
223. Omitted
224. Omitted
225. Omitted
226. Omitted
227. Omitted
228. Omitted
229. Omitted
230. Omitted
231. Omitted
232. Omitted
233. Omitted
234. Omitted
Chapter XVI Building Regulations
235. Omitted
236. Omitted
237. Omitted
238. Omitted
239. Omitted
240. Omitted
241. Omitted
242. Omitted
243. Omitted
244. Omitted
245. Omitted
246. Omitted
247. Omitted
248. Omitted
249. Omitted
250. Omitted
251. Omitted
252. Omitted
253. Omitted
254. Omitted
255. Omitted
256. Omitted
257. Omitted
258. Omitted
259. Omitted
260. Omitted
Chapter XVII Sanitation and Public Health
261. Omitted
262. Omitted
263. Omitted
264. Omitted
265. Omitted
266. Omitted
267. Omitted
268. Omitted
269. Omitted
270. Omitted
271. Omitted
272. Omitted
273. Omitted
274. Omitted
275. Omitted
276. Omitted
277. Omitted
278. Omitted
279. Omitted
280. Omitted
281. Omitted
282. Omitted
283. Omitted
284. Omitted
285. Omitted
286. Omitted
287. Omitted
288. Omitted
289. Omitted
290. Omitted
291. Omitted
292. Omitted
293. Omitted
294. Omitted
295. Omitted
296. Omitted
297. Vesting of public streets in the Corporation
298. Functions of Commissioner in respect of public streets
299. Disposal of land forming site of public streets permanently closed
300. Power to make new public streets
301. Minimum width of new public streets
302. Power to prohibit use of public streets for certain kind of traffic
303. Power to acquire lands and buildings for public streets and for public parking places
304. Defining the regular line of streets
Chapter XVIII Vital Statistics
305. Setting back building to regular line of street
306. Compulsory setting back of building to regular line of street
307. Acquisition of open land and land occupied by platforms, etc, within the regular line of street
Chapter XIX Public Safety a and Suppression of Nuisances
308. Acquisition of the remaining part of a building and land after their portions within a regular line of street have been acquired
309. Setting forward of buildings to the regular line of street
310. Compensation to be paid in certain cases of setting back or setting forward of buildings, etc
311. Owner's obligation when dealing with land as building sites
312. Lay-out plans
313. Alteration or demolition of street made in breach of section 313
314. Power of Commissioner to order work to be carried out or to carry it out himself in default
315. Right of owners to require streets to be declared public
Chapter XX Markets, Trades and Occupations
316. Prohibition of projections upon streets, etc
317. Projections over streets may be permitted in certain cases
318. Ground floor doors, etc, not to open outwards on streets
319. Prohibition of structures or fixtures which cause obstruction in streets
320. Prohibition of deposit, etc, of things in streets
321. Power to remove anything deposited or exposed for sale in contravention of this Act
322. Prohibition of the tethering of animals and milking of cattle
323. Precautions during repair of streets
324. Streets not to be opened or broken up and building materials not to be deposited thereon without permission
325. Disposal of things removed under this Chapter
326. Naming and numbering of streets
327. Commissioner to take steps for repairing or enclosing dangerous places
328. Measures for lighting
329. Prohibition of removal, etc, of lamps
329A. General superintendence etc, of the Central Government
330. Definition
331. Prohibition of building without sanction
332. Erection of building
333. Applications for additions to, or repairs of, buildings
Chapter XXI Improvement
334. Conditions of valid notice
335. Sanction or refusal of building or work
336. When building or work may be proceeded with
337. Sanction accorded under misrepresentation
338. Buildings at corners of streets
Chapter XXII Powers, Procedure, Offences and Penalties
339. Provisions as to buildings and works on either side of new streets
340. Period for completion of building or work
341. Prohibition against use of inflammable materials for building, etc, without permission
342. Order of demolition and stoppage of buildings and works in certain cases and appeal
343. Order of stoppage of buildings or works in certain cases
344. Power of Commissioner to require alteration of work
344A. Power to seal unauthorised constructions
345. Completion certificates
346. Restrictions on user of buildings
346A. Appellate Tribunal
346B. Appeals against certain orders or notices issued under the Act
346C. Procedure of the Appellate Tribunal
346D. Appeal against orders of Appellate Tribunal
346E. Bar of jurisdiction of courts
347. Removal of dangerous buildings
348. Power to order building to be vacated in certain circumstances
348A. Power of Central Government to make bye-laws
349. Provision for daily cleansing of streets and removal of rubbish and filth
350. Rubbish, etc, to be the property of the Corporation
351. Provision or appointment of receptacles, depots and places for rubbish, etc
352. Duty of owners and occupiers to collect and deposit rubbish, etc
353. Collection and removal of filth and polluted matter
354. Collection and removal of filth and polluted matter through municipal agency
355. Removal of rubbish, etc, accumulated on premises used as factories, workshops, etc
356. Prohibition against accumulation of rubbish, etc
357. Commissioner's power to get premises scavenged and cleansed
358. Public latrines, urinals, etc
359. Construction of latrines and urinals
360. Latrines and urinals, etc, in new buildings
361. Latrines and urinals for labourers, etc
362. Provision of latrines and urinals for markets, etc
363. Other provisions as to private latrines
364. Removal of congested buildings
365. Power of Commissioner to require improvement of buildings unfit for human habitation
366. Enforcement of notice requiring execution of works of improvement
367. Power of Commissioner to order demolition of buildings unfit for human habitation
368. Insanitary huts and sheds
369. Prohibition against washing by washermen
370. Obligation to give information of dangerous disease
371. Removal to hospital of patients suffering from dangerous disease
372. Disinfection of buildings and articles
373. Destruction of infectious huts or sheds
374. Means of disinfection
375. Special measures in case of outbreak of dangerous or epidemic diseases
376. Infected clothes not to be sent to washerman or to laundry
377. Contamination and disinfection of public conveyance
378. Driver of conveyance not bound to carry persons suffering from dangerous disease
379. Disinfection of buildings before letting the same
380. Disposal of infected articles without disinfection
381. Prohibition of making or selling of food, etc, or washing of clothes by infected persons
382. Power to restrict or prohibit sale of food or drink
383. Control over wells and tanks, etc
384. Duty of persons suffering from dangerous disease
385. Disposal of infectious corpses where any person has died from any dangerous disease
Chapter XXIII Rules, Regulations and Bye-Laws
386. Conditions of service of sweepers and certain other class of persons employed in municipal service
387. Conditions of service of sweepers employed for doing house scavenging
388. Power to call for information regarding burning and burial grounds
389. Permission for use of new burning or burial ground
390. Power to require closing of burning and burial grounds
391. Removal of corpses
392. Disposal of dead animals
393. Appointment of Chief Registrar and registrars
Chapter XXIV Control
394. Duties of registrar
395. Information of births and deaths
396. Prohibition of nuisances
397. Power of Commissioner to require removal or abetment of nuisance
398. Registration and control of dogs
Chapter XXV Miscellaneous
399. Stacking or collecting inflammable materials
400. Care of naked lights
401. Discharging fireworks, fire-arms, etc
402. Power to require buildings, wells, etc, to be rendered safe
403. Enclosure of waste land used for improper purposes
404. Provisions of municipal markets and slaughter houses
405. Use of municipal markets
406. Private markets and slaughter houses
407. Conditions of grant of licence for private market
408. Prohibition of keeping market open without licence, etc
409. Prohibition of use of un licenced markets
410. Prohibition of business and trade near a market
411. Levy of stallages, rents and fees
412. Stallages, rents, etc, to be published
413. Power to expel lepers and disturbers, etc from markets
414. Butcher's, fish-monger's and poulter's licence
415. Factory, etc, not to be established without permission of the Commissioner
416. Premises not to be used for certain purposes without licence
417. Seizure of certain animals
418. Power of Commissioner to prevent use of premises in particular areas for purposes referred to in section 417
419. Licences for hawking articles, etc
420. Eating houses, etc, not to be used without licence from the Commissioner
421. Licensing and control of theatres, circuses and places of public amusement
422. Power of Commissioner to stop use of premises used in contravention of licences
423. Power of Commissioner to inspect places where unlawful slaughter of animals, etc, is suspected
424. Improvement scheme
425. Matters to be provided for in an improvement scheme
426. Submission of improvement scheme to the Corporation for approval and to the Central Government for sanction
427. Rehousing scheme
428. Improvement scheme and rehousing scheme to comply with the master plan and zonal development plan
429. Signature, conditions, duration, suspension, revocation, etc, of licences and written permissions
430. Powers of entry and inspection
431. Power to enter land adjoining land in relation to any work
432. Breaking into buildings
433. Time of making entry
434. Consent ordinarily to be obtained
435. Regard to be had to social or religious usages
436. Prohibition of obstruction or molestation in execution of work
437. Public notices how to be made known
438. Newspaper in which advertisements or notices to be published
439. Proof of consent etc, of Commissioner, General Managers, etc
440. Notices, etc, to fix reasonable time
441. Signature on notices, etc, may be stamped
442. Notices, etc, by whom to be served or issued
443. Service of notices, etc
444. Service of bills for tax or notice of demand by ordinary post
445. Powers in case of non-compliance with notice, etc
446. Liability of occupier to pay in default of owner
447. Execution of work by occupier in default of owner and deduction of expenses from rent
448. Relief to agents and trustees
449. General power to pay compensation
450. Compensation to be paid by offenders for damage caused by them
451. Reference to the court of the district judge in certain cases
452. Application to the Court of the district judge in other cases
453. Power to sue for expenses or compensation
454. Mode of recovery of certain dues
455. Right of owner to apply to the court of the district judge in case of obstruction by occupier
456. General powers and procedure of the court of the district judge
457. Fees in proceedings before the court of the district judge
458. Repayment of half fees on settlement before hearing
459. Power of the court of the district judge to delegate certain powers and to make rules
460. Punishment for certain offences
461. Punishment for acquiring share or interest in contract, etc, with the Corporation
462. Punishment for offences relating to terminal tax
463. Penalty for evasion of terminal taxes
464. General penalty
465. Offences by companies
465A. Certain offences to be cognizable
466. Prosecutions
467. Composition of offences
468. Municipal magistrates
469. Cognizance of offences
470. Limitation of time for prosecution
471. Power of magistrate to hear cases in absence of accused when summoned to appear
472. Complaints concerning nuisances and procedure therefor
473. Arrest of offenders
474. Duties of police officers
475. Power to institute, etc, legal proceedings and obtain legal advice
476. Protection of action of the Corporation, etc
477. Notice to be given of suits
478. Supplemental provisions respecting rules
479. Supplemental provisions respecting regulations
480. Power to make bye-laws
480A. Regulations and bye-laws to be laid before Parliament
481. Penalty for breaches of bye-laws
482. Supplemental provisions respecting bye-laws
483. Bye-laws to be available for inspection and purchase
484. Power of Central Government to require production of documents
485. Inspection
486. Directions by Central Government
487. Power to provide for enforcement of direction under section 487
488. Power of Central Government to give directions in relation to primary schools, etc
489. Dissolution of the Corporation
489A. Delegation of power by the Central Government
490. Power to delegate functions of Commissioner
491. Validity of notices and other documents
492. Admissibility of document or entry as evidence
493. Evidence of Municipal officer or employee
494. Prohibition against obstruction of Mayor or any municipal authority, etc
495. Prohibition against removal of mark
496. Prohibition against removal or obliteration of notice
497. Prohibition against unauthorised dealings with public place or materials
498. Liability of Commissioner, etc, for loss, waste or mis-application of Municipal Fund or property
499. Councillors and municipal officers and employees to be public servants
500. Annual administration report
501. Other laws not to be disregarded
502. Exemption of diplomatic or consular missions from payment of tax etc
503. Construction of references
504. Repealed
505. Repealed
506. Special provisions as to rural areas
507. Special provisions as to Red Fort area
507A. Corporation to undertake work on agency basis
508. Repealed
509. Provisions relating to existing local authorities in Delhi till the establishment of the Corporation
510. Provisions as to employees of bodies and local authorities whose functions are taken over by the Corporation
510A. Temporary provision with respect to electricity, water, sewage, etc
510B. Special provision as to transferred functions
511. Special provisions as to the area transferred from New Delhi to Delhi
512. Expenditure in connection with the Municipal Affairs from the commencement of this Act to the adoption of the budget by the Corporation
513. Limits of New Delhi Municipality
513A. Transitory provision
514. Power to remove difficulties
515. Repeal, etc, and savings
Schedule I Boundaries of New Delhi
Schedule II Bodies and Local Authorities Whose Functions Are Taken Over By The Corporation
Schedule III Rates of Taxes Leviable On Vehicles and Animals
Schedule IV Theatre-Tax
Schedule V Tax On Advertisements Other Than Advertisements Published In The Newspapers
Schedule VI Tax On Building Applications
Schedule VII Notice of Demand
Schedule VIII Form of Warrant
Schedule IX Form of Inventory Of Property Distrained And Notice Of Sale
Schedule X Rates of Terminal Taxes on Goods
Schedule XI Purposes for Which Premises May Not Be Used Without A Licence
Schedule XII Penalties
Schedule XIII Enactments Ceasing to Have Effect in Delhi
Schedule XIV The Number, Names and Areas of Various Zones
Schedule XV Powers and Functions of the Wards Committee


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