The Delhi Municipal Corporation (Amendment) Bill, 2022 |The LexSphere Library

SECTION Section 1

Untitled Section

•1

•THE DELHI MUNICIPAL CORPORATION (AMENDMENT)

•BILL, 2022

•A

•BILL

•further to amend the Delhi Municipal Corporation Act, 1957.

•BE it enacted by Parliament in the Seventy-third Year of the Republic of India as

•follows:—

SECTION Section 10

Untitled Section

7.In the principal Act, for section 90A, the following section shall be substituted,

•namely:—

•"90A.(1) On the date of establishment of the Corporation under sub-section (1)

•of section 3, the officers and employees of the erstwhile North Delhi Municipal

•Corporation, South Delhi Municipal Corporation and East Delhi Municipal Corporation

•shall, with immediate effect, become the officers and employees of the Corporation.

(2)For the purposes of sub-section (1), the Government may make such rules

•as may be required.".

SECTION Section 11

Untitled Section

8.In the principal Act, in section 203, for sub-section (3), the following sub-section

•shall be substituted, namely:—

•"(3) The contracts already made in accordance with the provisions of the

•bye-laws made under this Act prior to the commencement of the Delhi Municipal

•Corporation (Amendment) Act, 2022 shall be deemed to have been executed by the

•Commissioner on behalf of the Corporation constituted under sub-section ( 1) of

SECTION Section 12

Untitled Section

•section 3 and shall continue until the expiry of the validity period of such contracts.".

SECTION Section 13

Untitled Section

9.In the principal Act, section 388 shall be omitted.

SECTION Section 14

Untitled Section

10.In the principal Act, in section 444, after sub-section (1), the following sub-section

•shall be inserted, namely:—

•"(1A) The service of notices, summons and other documents referred to in

•sub-section (1) may be made by delivering or transmitting a copy thereof by registered

•post acknowledgment due, addressed to the defendant or his agent empowered to

•accept the service or by speed post or by such courier services as are approved by

•the High Court or by any other means of transmission of documents (including fax

•message or electronic mail service) as may be provided by rules made by the High

Court.".

SECTION Section 15

Untitled Section

11.In the principal Act, in section 479,—

(a)in sub-section ( 2), after the word and figures "section 31", the words,

•brackets, figures and letter "and every notification issued under sub-section ( 2) of

SECTION Section 16

Untitled Section

•section 3A" shall be inserted;

(b)in sub-section (3), the words, brackets, figures and letter "sub-section (2) of

SECTION Section 17

Untitled Section

•section 3A and" shall be omitted.

SECTION Section 18

Untitled Section

12.In the principal Act, section 484A shall be omitted.

•Amendment

•of section 42.

•Substitution of

•new section

•for section

90A.

•Officers of

•erstwhile

•Corporations

•to become

•officers of

Corporation.

•Amendment

•of section

SECTION Section 19

Untitled Section

203.

•Omission of

SECTION Section 2

Untitled Section

1.( 1) This Act may be called the Delhi Municipal Corporation (Amendment)

•Act, 2022.

(2)It 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 Act

•and any reference in any such provision to the commencement of this Act shall be construed

•as a reference to the coming into force of that provision.

•Short title and

commencement.

•AS INTRODUCED IN LOK SABHA

•Bill No. 92 of 2022

•5

•2

SECTION Section 20

Untitled Section

•section 388.

•Amendment of

SECTION Section 21

Untitled Section

•section 444.

•Amendment of

SECTION Section 22

Untitled Section

•section 479.

•Omission of

SECTION Section 23

Untitled Section

•section 484A.

•5

•10

•15

•20

•25

•30

•35

•40

•4

SECTION Section 24

Untitled Section

13.In the principal Act, for section 514A, the following sections shall be substituted,

•namely:—

•"514A. Notwithstanding anything contained in this Act, the Central Government

•may, if necessary, appoint a person to be called the Special Officer, to exercise the

•power and discharge the functions of the Corporation until the date on which the first

•meeting of the Corporation is held after the commencement of the Delhi Municipal

•Corporation (Amendment) Act, 2022.

514AA.On and from the commencement of the Delhi Municipal Corporation

•(Amendment) Act, 2022,—

(a)the North Delhi Municipal Corporation, the South Delhi Municipal

•Corporation and the East Delhi Municipal Corporation (hereafter referred to as

•the erstwhile Corporations) shall be subsumed with, and become part of the

•Municipal Corporation of Delhi;

(b)any reference to the erstwhile Corporations in any contract or other

•instrument shall be deemed as a reference to the Municipal Corporation of

•Delhi;

(c)all properties, movable and immovable, of or belonging to the erstwhile

•Corporations shall vest in the Municipal Corporation of Delhi;

(d)all the rights and liabilities of the erstwhile Corporations shall be

•transferred to, and be the rights and liabilities of, the Municipal Corporation of

•Delhi;

(e)any pending proceedings, including any disciplinary, arbitration,

•appeal or other legal proceedings, of whatever nature, by or against the erstwhile

•Corporations shall be continued or enforced by or against the Municipal

•Corporation of Delhi;

(f)any rules, regulations and bye-laws made prior to such commencement,

•shall, in so far as they are consistent with the provisions of the Act, continue to

•be applicable till new rules, regulations and bye-laws are made.".

SECTION Section 25

Untitled Section

14.(1) If any difficulty arises in giving effect to the provisions of this Act, the Central

•Government may, by order published in the Official Gazette, make such provisions, not

•inconsistent with the provisions of this Act, as may appear to it to be necessary, for

•removing the difficulty:

•Provided that no order shall be made under this section after the expiry of a period of

•two years from the commencement of this Act.

(2)Every order made under this section shall be laid, as soon as may be after it is

•made, before each House of Parliament.

•Substitution of

•new sections

•514A and

•514AA for

SECTION Section 26

Untitled Section

•section 514A.

•Appointment

•of Special

Officer.

•Power to

•remove

difficulties.

•Transitional

provisions.

•5

•10

•15

•20

•25

•30

•35

•5

•STA TEMENT OF OBJECTS AND REASONS

•The Delhi Municipal Corporation Act, 1957 was enacted to consolidate and amend

•the law relating to the Municipal Government of Delhi. A Corporation charged with the

•Municipal Government of Delhi was established under the said Act as the Municipal

•Corporation of Delhi. In 2011, the said Act was amended by the Legislative Assembly of the

•National Capital Territory of Delhi vide the Delhi Municipal Corporation (Amendment) Act,

•2011 leading to trifurcation of the said Corporation into three separate Corporations.

SECTION Section 27

Untitled Section

2.The main objective of trifurcation of the erstwhile Municipal Corporation of Delhi

•was to create compact municipalities at various centres in Delhi in the interest of providing

•more efficient civic services to the public. However, trifurcation of the erstwhile Municipal

•Corporation of Delhi was uneven in terms of territorial divisions and revenue generating

potential.As a result, there was huge gap in the resources available to the three corporations

•compared to their obligations.

SECTION Section 28

Untitled Section

3.Over a period, the gap has only widened, increasing the financial difficulties of the

•three Municipal Corporations in Delhi, leaving them incapacitated to make timely payment

•of salaries and retirement benefits to their employees. The delay in the payment of salaries

•and retirement benefits have resulted in frequent strikes by the municipal employees which

•have not only affected civic services, but also created concomitant problems of cleanliness

•and sanitisation. Such financial constraints on the part of the three municipal corporations

•result in inordinate delay in the fulfilment of their contractual and statutory obligations and

•create serious impediments in maintaining civic services in Delhi.

SECTION Section 29

Untitled Section

4.The experience of the last ten years shows that the main objective of trifurcation of

•creating compact municipalities in Delhi to provide more efficient civic services to the

•public has not been achieved. Instead, owing to inadequacies in resources and uncertainty

•in fund allocation and release, the three corporations have been facing huge financial

•hardships, making it difficult for them to maintain the civic services in Delhi at the desired

levels.The level and quality of delivery of municipal services in the capital of India needs to

•be in consonance with its unique status and cannot be subjected to vagaries of financial

•hardship and functional uncertainties.

SECTION Section 3

Untitled Section

2.In the Delhi Municipal Corporation Act, 1957 (hereinafter referred to as the principal

•Act),—

(a)for the words "A Corporation", "every Corporation", "each Corporation" or

•the word "Corporations", wherever they occur in the Act, the words "The Corporation"

•or "the Corporation", as the case may be, shall be substituted;

(b)in sub-section (3) of section 36, sub-section (1) of section 41, clause (y) of

SECTION Section 30

Untitled Section

5.The Delhi Municipal Corporation (Amendment) Bill, 2022 seeks to—

(i)unify the three municipal corporations into a single, integrated and well

•equipped entity;

•(ii) ensure a robust mechanism for synergised and strategic planning and optimal

•utilisation of resources;

•(iii) bring about greater transparency, improved governance and more efficient

•delivery of civic service for the people of Delhi.

SECTION Section 31

Untitled Section

6.The Bill seeks to achieve the aforesaid objectives.

•N

•EW DELHI; AMIT SHAH.

•The 22nd March, 2022.

•6

•ANNEXURE

•EXTRACTS FROM THE DELHI MUNICIPAL CORPORATION

•ACT, 1957

•(66 OF 1957)

•* * * * *

SECTION Section 32

Untitled Section

36.(1) * * * * *

(3)The Mayor shall have full access to all the records of the Corporation and may

•obtain reports from the Commissioner on any matter connected with the municipal government

•of the area of the Corporation;

•* * * * *

SECTION Section 33

Untitled Section

•CHAPTER III

•F

•UNCTIONS OF A CORPORATION

SECTION Section 34

Untitled Section

41.(1) Subject to the provisions of this Act and the rules, regulations and bye-laws

•made thereunder the municipal government of the area of the Corporation shall vest in a

Corporation.

•* * * * *

SECTION Section 35

Untitled Section

43.Subject to any general or special order of the Government, from time to time, a

•Corporation, may provide either wholly or in part for all or any of the following matters,

•namely:—

•* * * * *

(y)the improvement of the area of the Corporation in accordance with

•improvement schemes approved by a Corporation;

•* * * * *

SECTION Section 36

Untitled Section

70.(1) A Corporation may at any time require the Commissioner—

•* * * * *

(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 the area of the Corporation;

(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 the area of the Corporation.

•* * * * *

•Budget estimates

SECTION Section 37

Untitled Section

109.(1) Every Corporation shall, on or before the 31st day of March of every year,

•adopt for the ensuing year the budget estimate which shall be an estimate of the income and

•expenditure of a Corporation to be received and incurred on account of the municipal

•government of the area of the Corporation.

•* * * * *

•Term of

•office of the

•Mayor and

•Deputy

•Mayor and

•facilities and

•privileges of

•the Mayor.

•General

•powers of a

Corporation.

•Discretionary

•functions of a

Corporation.

•Power of

•Corporation

•to require the

•Commissioner,

etc., to

•produce

•documents

•and furnish

•returns,

•reports, etc.

•Adoption of

•budget

estimates.

•7

•Duty on transfer of property

SECTION Section 38

Untitled Section

147.(1) Save as otherwise provided in this Act, a Corporation shall levy a duty on

•transfers of immovable property situated within the limits of the area of the Corporation in

•accordance with the provisions hereafter in this section contained.

•* * * * *

SECTION Section 39

Untitled Section

301.The Commissioner may at any time with the previous sanction of the Corporation,—

•* * * * *

(d)lay down and determine the position and direction of a street or streets in any

•part of the area of the Corporation notwithstanding that no proposal for the erection of

•any building in the vicinity has been received.

•* * * * *

SECTION Section 4

Untitled Section

•section 43, clauses ( b) and ( c) of section 70, sub-section ( 1) of section 109,

•sub-section (1) of section 147, clause (d) of section 301, section 355, sub-section (1)

•of section 394, clause ( a) of sub-section ( 1) of section 399 and section 481, for the

•words "the area of the Corporation" wherever they occur, the word "Delhi" shall,

•subject to such changes as the rules of grammar require, be substituted;

(c)in sections 1, 3A, 5, 6, 32A, 55, 56, 57, 193, 330A and 499, for the word

•"Government", wherever it occurs, the words "Central Government" shall be

substituted.

SECTION Section 40

Untitled Section

355.(1) It shall be lawful for the Commissioner to take or cause to be taken measures

•for the daily collection, removal and disposal of all filth and polluted and obnoxious matters

•from latrines, urinals and cesspools not connected by a drain with a municipal drain from all

•premises situate in any portion of the area of the Corporation.

(2)In such portion of the area of the Corporation and in any premises wherever situate

•in which there is a latrine, or urinal connected with a municipal drain, it shall not be lawful,

•except with the written permission of the Commissioner, for any person who is not employed

•by or on behalf of the Commissioner, to discharge any of the duties of scavengers.

•* * * * *

SECTION Section 41

Untitled Section

•CHAPTER XVIII

•V

•ITAL STATISTICS

SECTION Section 42

Untitled Section

394.(1) The Municipal Health Officer shall be the Chief Registrar of births and deaths

•for Delhi and shall keep in such form as may be prescribed by bye-laws a register of all births

•and deaths occurring in the area of the Corporation.

•* * * * *

•Dogs

SECTION Section 43

Untitled Section

399.(1) A Corporation may, by bye-laws made in this behalf,—

(a)require the registration, by the registration authority appointed by the

•Commissioner in this behalf of all dogs kept within the area of the Corporation;

•* * * * *

SECTION Section 44

Untitled Section

481.(1) Subject to the provisions of this Act a Corporation may, in addition to any

•bye-laws which it is empowered to make by any other provision of this Act, make bye-laws

•to provide for all or any of the following matters, namely:—

A.Bye-laws relating to taxation

(1)the maintenance of tax books and registers by the Commissioner and the

•particulars which such books and registers should contain;

(2)the inspection of and the obtaining of copies and extracts from such books

•and registers and fees, if any, to be charged for the same;

(3)the publication of rates of taxes as determined by a Corporation from time to

•time;

(4)the requisition by the Commissioner of information and returns from persons

•liable to pay taxes;

(5)the notice to be given to the Commissioner by any person who becomes the

•owner or possessor of a vehicle or animal in respect of which any tax is payable under

•this Act;

•Power to

•make new

•public streets.

•Collection and

•removal of

•filth and

•polluted

•matter

•through

•municipal

agency.

•Appointment

•of Chief

•Registrar and

registrars.

•Registration

•and control of

dogs.

•Power to

•make bye-

laws.

•Duty on

•transfer of

•property and

•method of

•assessment

thereto.

•8

(6)the wearing of badge by the driver of any such vehicle and the display of

•number plate on such vehicle;

(7)the submission of returns by persons liable to pay any tax under this Act;

(8)the collection by the registrar or sub-registrar of Delhi appointed under the

•Indian Registration Act, 1908, of the additional stamp duty payable to a Corporation

•under this Act, the periodical payment of such duty to a Corporation and the

•maintenance by such registrar or sub registrar of separate accounts in relation thereto;

•( 9) any other matter relating to the levy, assessment, collection, refund or

•remission of taxes under this Act.

E.Bye-laws relating to streets

(1)the closure of streets when any work is in progress and alternative passage

•during the progress of such work;

(2)the erections of a temporary nature during festivals;

•( 3) the setting up of hoards on buildings adjacent to streets during their

•construction or repair;

•( 4) the precautions to be taken when permission is granted to any private

•individual for opening or breaking up any public street and the fees to be paid for the

•restoration of a street in its original condition;

(5)the permission, regulation or prohibition of use or occupation of any street

•or place by intinerant vendors or hawkers or by any person for the sale of articles or

•the exercise of any calling or the setting up of any booth or stall and the fees chargeable

•for such occupation;

(6)any other matter in connection with the construction, repair, maintenance,

•naming, numbering and lighting of streets for which provision is necessary or should

•be made.

G.Bye-laws relating to sanitation and public health

(1)the position of latrines and urinals;

(2)the provision of air spaces between latrines and buildings or places used for

•various purposes;

(3)the white-washing of buildings;

(4)the provision of living accommodation for sweepers in buildings newly

•erected requiring ten or more latrines;

(5)the regulation or prohibition of the stabling or herding of animals or any

•class of animals so as to prevent danger to public health;

(6)the seizure of ownerless animals straying within the limits of the area of the

•Corporation and the regulation and control of pounds;

(7)the fixing and regulation of the use of public bathing and washing places;

•(

•8) the prevention of the spread of dangerous diseases;

(9)the segregation in or the removal or exclusion from any part of the area of the

•Corporation or the destruction of animals suffering or reasonably suspected to be

•suffering from any infectious or contagious disease;

•( 10) the supervision, regulation, conservation and protection from injury,

•contamination or trespass, of sources and means of public water supply and of

•appliances for the distribution of water;

(11)the enforcement of compulsory vaccination and inoculation;

•16 of 1908.

•9

(12)the proper disposal of corpses, the regulation and management of burning

•and burial places and other places for the disposal of corpses and the fees chargeable

•for the use of such places where the same are provided or maintained at the expense of

•the Municipal Fund.

H.Bye-laws relating to vital statistics

(1)the prescribing of qualifications of persons to be appointed as registrars

•under Chapter XVIII;

(2)the registration of births, deaths and marriages and the taking of a census.

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

•The regulation or prohibition for the purpose of sanitation or the prevention of

•disease or the promotion of public safety or convenience, of any act which occasions

•or is likely to occasion a nuisance and for the regulation or prohibition of which on

•provision is made elsewhere by this Act.

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

(1)the days on, and the hours during which any market or slaughter house may

•be kept open for use;

(2)the regulation of the design, ventilation and drainage of markets and slaughter

•houses and the materials to be used in the construction thereof;

(3)the keeping of markets and slaughter houses and the lands and buildings

•appertaining thereto in a clean and sanitary condition, the removal of filth, rubbish and

•other polluted and obnoxious matter therefrom and the supply therein of pure water

•and of a sufficient number of latrines and urinals for the use of persons using or

•frequenting the same;

(4)the manner in which animals shall be admitted in a slaughter house;

(5)the manner in which animals may be slaughtered;

(6)the provision of passages of sufficient width between the stalls in market

•buildings and market places for the convenient use of the public and the prevention of

•encroachment of such passages;

(7)the setting apart of separate areas for different classes of articles in market

•buildings and market places;

(8)the disposal or destruction of animals offered for slaughter which are, from

•disease or any other cause, unfit for human consumption;

(9)the destruction of carcasses which from any disease or any other cause are

•found after slaughter to be unfit for human consumption;

(10)the regulation of the entry of animals into slaughter house and the bringing

•out of the carcasses of such animals after slaughter and the fee to be paid for use of

•slaughter houses;

(11)the proper custody and care of animals for the keeping of which licences

•are granted under section 417;

(12)the regulation of the import of animals and flesh within the area of the

•Corporation;

(13)the rendering necessary of licences for the use of premises within the area

•of the Corporation as stables or cow-houses or as an accommodation for sheep, goat

•or buffalo, and the fees payable for such licences and the conditions subject to which

•such licences may be granted, refused, suspended or revoked;

•10

(14)the regulation of sarais, hotels, dak bungalows, lodging houses, boarding

•houses, buildings, let-in-tenements, residential clubs, restaurants, eating houses, cafes,

•refreshment rooms and places of public recreation, entertainment or resort;

(15)the control and supervision of places where dangerous or offensive trades

•are carried on so to secure cleanlines therein or to minimise injurious, offensive or

•dangerous effects arising or likely to arise therefrom;

(16)the regulation of the posting of bills and advertisements and of the position,

•size, shade or style of the name boards, sign-boards and sign-posts;

(17)the fixation of a method for the sale of articles whether by measure, weight,

•piece or any other method;

(18)the procedure regarding the grant of permit to establish a factory, workshop

•or trade premises;

(19)the regulation of smoke in factories workshops and trade premises;

(20)the regulation of sanitary conditions in factories, workshops and trade

•premises;

(21)the regulation of the use in any factory, workshop or trade premises of

•whistle, trumpet, siren or horn worked by steam, compressed air, electricity or other

•mechanical means;

(22)the prevention of nuisance in any market building, market place, slaughter

•house or any factory, workshop or trade premises.

K.Bye-laws relating to improvement

(1)the form and content of an improvement scheme or a rehousing scheme;

(2)the procedure to be followed in connection with the framing, submission,

•approval and sanction of such schemes;

(3)the local inquiries and other hearings that may be held before a scheme is

•framed, approved or sanctioned;

(4)the alteration of an improvement scheme or a rehousing scheme after approval

•and sanction.

L.Bye-laws relating to miscellaneous matters

•* * * * *

(2)the circumstances and the manner in which owners of land or building in the

•area of the Corporation temporarily absent therefrom or not resident therein may be

•required to appoint as their agents for all or any of the purposes of this Act or of any

•bye-laws made thereunder, persons residing within or near the area of the Corporation;

(3)the maintenance of schools and the furtherance of education generally;

(4)the regulation and control of municipal hospitals and dispensaries;

(5)the rendering necessary of licences—

(a)for the proprietors or drivers of hackney-carriages, cycle-rickshaws,

•thelas and rehries

•kept or plying for hire or used for hawking articles;

(b)for persons working as job-porters for the conveyance of goods;

(6)the classification of cinema theatres for the purposes of the Fourth Schedule;

(7)any other matter which is to be or may be prescribed by bye-laws made

•under this Act or in respect of which this Act makes no provision or makes insufficient

•provision and provision is, in the opinion of a Corporation necessary for the efficient

•municipal government of the area of the Corporation.

•11

(2)Any bye-law which may be made under sub-section ( 1) may be made by the

•Government within one year of the establishment of a Corporation; and any bye-law so

•made may be altered or rescinded by a Corporation in the exercise of its powers under

•sub-section (1).

•* * * * *

SECTION Section 45

Untitled Section

•CHAPTER I

•P

•RELIMINARY

SECTION Section 46

Untitled Section

1.(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 Government may, by notification in the Official

•Gazette, appoints:

•Provided that different dates may be appointed for different provisions of this

•Act and any reference in any such provision to the commencement of this Act shall be

•construed as a reference to the coming into force of that provision.

•* * * * *

3A.(1) The The area of every Corporation shall be divided into a number of zones and

•each zone into a number of wards as specified in the Fourteenth Schedule.

(2)The Government may, by notification in the Official Gazette, alter the number or the

•name, and increase or diminish the area of any zone or ward specified in the Fourteenth

Schedule.

•* * * * *

•Election of Councillors

SECTION Section 47

Untitled Section

5.(1) For the purposes of election of councillors, the area of a Corporation shall be

•divided into single-member wards in such manner that the population of each of the wards

•shall, so for as practicable, be the same throughout the area of that Corporation.

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

(a)the number of wards;

(b)the extent of each ward;

(c)the wards in which seats shall be reserved for the Scheduled Castes;

(d)the wards in which seats shall be reserved for women; and

(e)the manner in which seats shall be rotated under sub-sections (6) and (8) of

SECTION Section 48

Untitled Section

•section 3.

•* * * * *

SECTION Section 49

Untitled Section

6.A Corporation, with the previous approval of the Government may, from time to time

•by order in the Official Gazette, alter or amend any order made under section 5.

•* * * * *

32A.(1) Every councillor shall, not later than thirty days after making and subscribing

•the oath or affirmation under sub-section (1) of section 32 and before the last day of the same

•month in each succeeding year, file with the Mayor a declaration in such form as may be

•prescribed by rules by the Government, of all the assets owned by him and members of his

•family and such declaration shall form part of the records of a Corporation.

Explanation.—For the purposes of this sub-section, "family" means the spouse and

•dependant children of the councillor.

•Short title,

•extent and

commencement.

•Division of

•the area of a

•Corporation

•into zones and

wards.

•Delimitation

•of wards.

•Power to alter

•or amend

•delimitation

orders.

•Declaration of

assets.

•66 of 1957.

•12

(2)A person shall be disqualified for being a councillor—

(a)if he fails to file a declaration referred to in sub-section (1); or

(b)if he files a declaration under that sub-section which is either false or which

•he knows or believes to be false.

•* * * * *

SECTION Section 5

Untitled Section

3.In the principal Act, in section 2,—

(a)in clause ( 6), for the words "a Corporation", the words "the Corporation"

•shall be substituted;

(b)in clause (7), for the words "a Corporation of Delhi", the words "the Municipal

•Corporation of Delhi" shall be substituted.

SECTION Section 50

Untitled Section

55.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 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.

SECTION Section 51

Untitled Section

56.(1) Leave may be granted to the Commissioner by the Standing Committee.

(2)Whenever such leave is granted to the Commissioner the Government shall appoint

•another person to officiate as Commissioner in his place.

SECTION Section 52

Untitled Section

57.If any vacancy occurs in the office of the Commissioner on account of death,

•resignation or removal, the 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.

•* * * * *

SECTION Section 53

Untitled Section

193.( 1) Notwithstanding anything to the contrary contained in this Chapter, a

•Corporation may consolidate all or any of its loans and for that purpose may invite tenders

•for a new loan (to be called "the Delhi Municipal consolidated loan, 19--") and invite holders

•of the municipal debentures to exchange their debentures for scrips of such loan.

(2)The terms of any such consolidated loan and the form of its scrip and the rates at

•which exchange into such consolidated loan shall be permitted shall be subject to the prior

•approval of the Government.

(3)The period for the exchanging of any such consolidated loan shall not, without the

•sanction of the Government, extend beyond the farthest date within which any of the loans

•to be consolidated would otherwise be repayable.

(4)A 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.

•* * * * *

SECTION Section 54

Untitled Section

•CHAPTER XVI

•B

•UILDING REGULATIONS

330A.Notwithstanding anything contained in any other provision of this Act, the

•Commissioner shall exercise his powers and discharge his functions under this Chapter,

•under the general superintendence, direction and control of the Government.

•* * * * *

SECTION Section 55

Untitled Section

499.(1) Every councillor and every person referred to in clause (b) of sub-section (3)

•of section 3, the Commissioner, and every municipal officer and other municipal employee

•shall be liable for the loss, waste or misapplication of any money or other property owned by

•or vested in a Corporation, of such loss, waste or misapplication is a direct consequence of

•his neglect or misconduct and a suit for compensation may be instituted against him by a

•Corporation with the previous sanction of the Government or by the Government.

•Salary and

•allowances of

•the

Commissioner.

•Leave of

•absence of

Commissioner.

•Appointment

•of officiating

•Commissioner

•in case of

•death,

•resignation or

•removal of

Commissioner.

•Power of

•Corporation

•to consolidate

loans.

•General

•superintendence,

etc., of the

Government.

•Liability of

•Commissioner,

etc., for loss,

•waste or

•misapplication

•of Municipal

•Fund or

property.

•13

(2)Every such suit shall be instituted within three years after the date on which the

•cause of action arose.

•* * * * *

SECTION Section 56

Untitled Section

2.In this Act, unless the context otherwise requires,—

•* * * * *

(6)"Commissioner" means the Commissioner of a Corporation;

(7)"Corporation" means a Corporation of Delhi established under this Act;

•* * * * *

SECTION Section 57

Untitled Section

•CHAPTER II

•ESTABLISHEMENT OF CORPORATIONS

•Constitution of Corporations

•* * * * *

SECTION Section 58

Untitled Section

3.(1) The Government shall, by notification in the Official Gazette, establish for the

•purposes of this Act, three Corporations charged with the municipal Government of Delhi.

•( 1A) The Name, area and limits of the three corporations established under

•sub-section (1) shall be as per the Fourteenth Schedule.

(2)Every Corporation so established shall be a body corporate with the name duly

•notified by the Government 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.

•* * * * *

(5)The total number of seats of councillors and the number of seats reserved for the

•members of the Scheduled Castes in each Corporation, shall, at the time of establishment of

•such Corporation, be as determined by the Government by notification in the Official Gazette.

(6)Upon the completion of each census after the establishment of a Corporation the

•number of seats shall be on the basis of the population of the area of the Corporation as

•ascertained at that census and shall be determined by the Central Government by notification

•in the Official Gazette and the number of seats 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 seats

•as the population of Scheduled Castes bears to the total population of Delhi:

•Provided that the total number of seats in all the Corporations in Delhi shall in no case

•be more than two hundred and seventy-two and the number of seats in each Corporation

•shall be determined by the Government at the time of establishment of such Corporations:

•Provided further that the determination of seats as aforesaid shall not affect the then

•composition of a Corporation until the expiry of the duration of a Corporation:

•Provided also that for the first election to the Corporations to be held immediately

•after the commencement of the Delhi Municipal Corporation (Amendment) Act, 2011, the

•population figures of every such Corporation as published in relation to 2001 census shall

•be deemed to be the population thereof as ascertained in that census:

•Provided also that the seats reserved for the Scheduled Castes may be allotted by

•rotation to different wards in such manner as the Central Government may, by order published

•in the Official Gazette, direct.

SECTION Section 59

Untitled Section

42.Subject to the provisions of this Act and any other law for the time being in force,

•it shall be incumbent on a Corporation to make adequate provision by any means or measures

•which it may lawfully use or take, for each of the following matters, namely:—

•* * * * *

Definitions.

•Establishment

•of

Corporations.

•Obligatory

•functions of a

•Corporation

•2 of 2011.

•14

•(wa) the preparation of plans for economic development and social justice; and

•* * * * *

90A.(1) On the establishment of the Corporations under sub-section ( 1) of

SECTION Section 6

Untitled Section

4.In Chapter II, for the heading and sub-heading, the following heading and

•sub-heading shall be substituted, namely:—

•"ESTABLISHMENT OF MUNICIPAL CORPORATION OF DELHI

•Constitution of Municipal Corporation".

SECTION Section 60

Untitled Section

•section 3—

(a)the officers and employees of the erstwhile Corporation at the ward and

•zonal level shall become officers and employees of the respective new Corporations.

(b)the officers and employees of the erstwhile Corporation, other than those

•covered under clause ( a), shall be divided amongst the new Corporations by the

•Director of Local Bodies in consultation with the Commissioner of the erstwhile

Corporation.

•* * * * *

SECTION Section 61

Untitled Section

203.(1)* * * * *

(3)The contracts already made in accordance with the provisions of the bye-laws

•made thereunder prior to the commencement of the Delhi Municipal Corporation (Amendment)

•Act, 2011 shall be deemed to have been executed on behalf of the respective Corporations

•constituted under sub-section (1) of section 3 by the Commissioner until the expiry of the

•validity of the period of the contract.

•* * * * *

SECTION Section 62

Untitled Section

388.No sweeper, being employed for doing house scavenging of any building shall

•discontinue to do such house scavenging without reasonable cause or without having

•fourteen days' notice to his employer.

•* * * * *

SECTION Section 63

Untitled Section

•CHAPTER XXIII

•R

•ULES, REGULSATIONS AND BYE-LAWS

SECTION Section 64

Untitled Section

479.(1)* * * * *

(2)Every rule made under clause (8) of section 22 and section 31 shall be laid as sson

•as may be after it is made or issued before each House of Parliament, while it is in session for

•a total period of thirty days which may be comprised in one session or in two or more

•successive sessions, and if, before the expiry of the session immediately following the

•session or the successive sessions aforesaid, both Houses agree in making any modification

•in the rule, bye-law or notification or both Houses agree that the rule, bye-law or notification

•should not be made or issued, the rule, bye-law or notification shall thereafter have effect

•only in such modified form or be of no effect, as the case may be; so, however, that any such

•modification or annulment shall be without prejudice to the validity of anything previsously

•done under the rule, bye-law or notification.

(3)Every rule made under this Act, except rules made under section 22 (8) and section 31

•of this Act, every notification issued under sub-section (2) of section 3A and sub-section (2)

•of section 52 and bye-law made by the Government under section 349A shall be laid, as soon

•as may be after it is made or issued, before the Legislative Assembly of Delhi, while it is in

•session for a total period of thirty days, which may be comprised in one session or in two or

•more successive sessions, and if, before the expiry of the session immediately following the

•session or the successive sessions aforesaid, the Legislative Assembly agrees in making

•any modification in the rule, bye-laws or notification or the Legislative Assembly agrees that

•the rule or bye-laws or notification should not made or issued, the rule or bye-laws or

•notification shall threafter have effect only in such modified form or be of no effect, as the

•case may be; so, however, that any such modification or annulment shall be without prejudice

•to the validity of anything previously done under that rule or bye-law or notification.

•* * * * *

•Mode of

•exeuting

•contracts

•Conditions of

•service of

•sweepers

•employed for

•doing house

scavenging.

•Supplemental

•provisions

•respecting

rules.

•Certain

•officers and

•employees of

•the erstwhile

•Corporation

•to become

•officers and

•employees of

•respective

•Corporations

•12 of 2011.

•15

SECTION Section 65

Untitled Section

•CHAPTER XXIV

•CONTROL

484A.(1) The Government shall appoint a Director of Local Bodies to assist the

•Government and discharge functions including—

(i)to coordinate the functions of the Corporations in respect of the common facilities

•and services that are under the control and management of the Corporation in whose area

•they are located;

•(ii) to decide, in the interim, the utilisation of various assets and discharge of laibilities

•by the Corporations;

•(iii) to frame the recruitment rules for various posts;

•(iv) to resolve the functional and administrative anomalies or difficulties arising, if any,

•after constitution of the three corporations in consultation with the Commissioner (s) thereof;

(v)to coordinate the collection and sharing of Toll Tax from Toll centres/gates that are

•under the control of respective Corporations in which they are located on the basis of such

•principles as may be prescribed.

(2)The Director of Local Bodies shall exercise such powers of the government

•relation to the affairs of the Corporations (not being power under sections 487, 490), as the

•Government may, by notification in the Official Gazette and subject to the conditions and

•restrictions (including the condition of review by itself), specify in the notification.

(3)The terms and conditions of service and the tenure of office of the Director Local

•Bodies shall be such as the Government may, by rules prescribed.

(4)The Government shall make available to the Director of Local Bodies such staff as

•the Government considers necessary for the exercise of the powers conferred on him under

•sub-section (2).

•* * * * *

514A.Notwithstanding anything contained in this Act, the Government may, if

•necessary, appoint a person to be called the Special Officer, to exercise the powers and

•discharge the functions of a Corporation until the day on which the first meeting of a

•Corporation is held after the commencement of the Delhi Municipal Corporation (Amendment)

•Act, 1993.

•* * * * *

•Director of

•Local Bodies.

•Transitory

Provision.

•67 of 1993.

•MGIPMRND—2354LS(S3)—23-03-2022.

•LOK SABHA

•————

•A

•BILL

•further to amend the Delhi Municipal Corporation Act, 1957

•————

•(Shri Amit Shah, Minister of Home Affairs)

SECTION Section 7

Untitled Section

5.In the principal Act, in section 3,—

(a)for sub-sections (1) and (1A), the following sub-section shall be substituted,

•namely:—

•"(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.";

(b)in sub-section ( 2), for the word "Government", the words "Central

•Government" shall be substituted;

(c)for sub-sections (5) and (6), the following sub-sections shall be substituted,

•namely:—

•"(5) The total number of seats of councillors and the number of seats

•reserved for the members of the Scheduled Castes in the Corporation, shall, at

•the time of establishment of Corporation, be as determined by the Central

•Government by notification in the Official Gazette.

(6)Upon the completion of each census after the establishment of the

•Corporation, the number of seats 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 and the number of seats 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 seats as the population of Scheduled

•Castes bears to the total population of Delhi:

•Provided that the total number of seats shall in no case be more than two

•hundred and fifty and the number of seats in the Corporation shall be determined

•66 of 1957.General.

•Amendment

•of section 2.

•Substitution of

•heading and

•sub-heading of

SECTION Section 8

Untitled Section

•Chapter II.

•Amendment

•of section 3.

•5

•10

•15

•20

•25

•30

•35

•40

•45

•3

•by the Central Government at the time of the establishment of the Corporation:

•Provided further that the determination of seats as aforesaid shall not

•affect the then composition of the Corporation until the expiry of the duration

•of the Corporation:

•Provided also that the seats reserved for the Scheduled Castes may be

•allotted by rotation to different wards in such manner as the Central Government

•may, by order published in the Official Gazette, direct.".

SECTION Section 9

Untitled Section

6.In the principal Act, in section 42, after clause (wa), the following clause shall be

•inserted, namely:—

•"(wb) securing and establishment of e-governance system for citizens' services

•on an anytime-anywhere basis for better, speedy, accountable and transparent

•administration;".