Delhi Municipal Corporation Act, 1957- Sections 430 to 478

Chapter 22

Powers, Procedure, Offences and Penalties

430. Signature, conditions, duration, suspension, revocation, etc., of licences and written permissions.

430. Signature, conditions, duration, suspension, revocation, etc., of licences and written permissions.—(1) Whenever it is provided in this Act or any bye-law made thereunder that a licence or a written permission may be granted for any purpose, such licence or written permission shall be signed by the Commissioner or by the officer empowered to grant the same under this Act or the bye-laws made thereunder or by any municipal officer authorised by the Commissioner or such officer in this behalf and shall specify in addition to any other matter required to be specified under any other provision of this Act or any provision of any bye-law made thereunder—

(a) the date of the grant thereof;

(b) the purpose and the period (if any) for which it is granted;

(c) restrictions or conditions, if any, subject to which it is granted;

(d) the name and address of the person to whom it is granted; and

(e) the fee, if any, paid for the licence or written permission.

(2) Except as otherwise provided in this Act or any bye-law made thereunder, for every such licence or written permission a fee may be charged at such rate as may from time to time be fixed by the Commissioner with the sanction of the Corporation and such fee shall be payable by the person to whom the licence or written permission is granted.

(3) Save as otherwise provided in this Act or any bye-law made thereunder any licence or written permission granted under this Act or any bye-law made thereunder may at any time be suspended or revoked by the Commissioner or by the officer by whom it was granted, if he is satisfied that it has been secured by the grantee through misrepresentation or fraud or if any of its restrictions or conditions has been infringed or evaded by the grantee, or if the grantee has been convicted for the contravention of any of the provisions of this Act or any bye-law made thereunder relating to any matter for which the licence or permission has been granted:

Provided that—

(a) before making any order of suspension or revocation reasonable opportunity should be accorded to the grantee of the licence or the written permission to show cause why it should not be suspended or revoked;

(b) every such order shall contain a brief statement of the reasons for the suspension or revocation of the licence or the written permission.

(4) When any such licence or written permission is suspended or revoked, or when the period for which the same was granted has expired, the grantee shall, for all purposes of this Act or any bye-law made thereunder, be deemed to be without a licence or written permission until such time as the order suspending or revoking the licence or written permission is rescinded or until the licence or written permission is renewed.

(5) Every grantee of any licence or written permission granted under this Act shall at all reasonable times, while such licence or written permission remains in force, if so required by the Commissioner or the authority by whom it was granted, produce such licence or written permission.

Other Contents of Delhi Municipal Corporation Act, 1957​
Sections 1 to 2	Sections 3 to 15
Sections 16 to 40	Sections 41 to 71
Sections 72 to 98	Sections 99 to 140
Sections 141 to 184	Sections 185 to 273
Sections 274 to 330	Sections 330-A to 349-A
Sections 350 to 393	Sections 394 to 429
Sections 430 to 478	Sections 479 to 516
Schedules 1 to 9	Schedules 10 to 11
Schedules 12 to 13	Schedules 14 to 15

431. Powers of entry and inspection.

431. Powers of entry and inspection.—The Commissioner [* * *][i] or any municipal officer or other municipal employee authorised in this behalf by [ii][him] or empowered in this behalf by or under any provision of this Act, may enter into or upon any land or building with or without assistants and workmen—

(a) for the purpose of ascertaining whether there is or has been on or in connection with the land or building any contravention of the provisions of this Act or any bye-law made thereunder;

(b) for the purpose of ascertaining whether or not circumstances exist which would authorise or require the Commissioner [*  *  *][iii] or any municipal officer or employee authorised or empowered in this behalf to take any action or execute any work under this Act or any bye-law made thereunder;

(c) for the purpose of taking any action or executing any work authorised or required by this Act or bye-law made thereunder;

(d) to make any inquiry, inspection, examination, measurement, valuation or survey authorised or required by or under this Act or necessary for the proper administration of this Act;

(e) generally for the purpose of efficient discharge of the functions by any of the municipal authorities under this Act or any bye-law made thereunder.

432. Power to enter land adjoining land in relation to any work.

432. Power to enter land adjoining land in relation to any work.—(1) [iv][The Commissioner or any person authorised by him in this behalf] or empowered in this behalf by or under any provision of this Act, may enter on any land within fifty yards of any work authorised by or under this Act with or without assistants and workmen for the purpose of depositing thereon any soil, gravel, stone or other materials or for obtaining access to such work or for any other purposes connected with the execution of the same.

(2) The person so authorised shall, before entering on any such land, state the purpose thereof, and shall, if so required by the owner or occupier thereof, fence off so much of the land as may be required for such purpose.

(3) The person so authorised shall, in exercising any power conferred by this section, do as little damage as may be, and compensation shall be payable by the Corporation in accordance with bye-laws made in this behalf to the owner or occupier of such land or to both for any such damage, whether permanent or temporary.

433. Breaking into building.

433. Breaking into building.—(1) It shall be lawful for [v][the Commissioner or any person authorised by him in this behalf] or empowered in this behalf by or, under any provision of this Act, to make any entry into any place, and to open or cause to be opened any door, gate or other barrier—

(a) if he considers the opening thereof necessary for the purpose of such entry; and

(b) if the owner or occupier is absent or being present refuses to open such door, gate or barrier.

(2) Before making any entry into any such place or opening or causing to be opened any such door, gate or other barrier, the Commissioner [*  *  *][vi] or the person authorised or empowered in this behalf, shall call upon two or more respectable inhabitants of the locality in which the place to be entered into is situate, to witness the entry or opening and may issue an order in writing to them so to do.

(3) A report shall be made to the Standing Committee as soon as may be after any entry has been made into any place or any door, gate or other barrier has been opened under this section.

434. Time of making entry.

434. Time of making entry.—Save as otherwise provided in this Act or any bye-law made thereunder, no entry authorised by or under this Act shall be made except between the hours of sunrise and sunset.

435. Consent ordinarily to be obtained.

435. Consent ordinarily to be obtained.—Save as otherwise provided in this Act or any bye-law made thereunder, no land or building shall be entered without the consent of the occupier, or if there is no occupier, of the owner thereof and no such entry shall be made without giving the said owner or occupier, as the case may be not less than twenty-four hours' written notice of the intention to make such entry:

Provided that no such notice shall be necessary if the place to be inspected is a factory or workshop or trade premises or a place used for any of the purposes specified in Section 417 or a stable for horses or a shed for cattle or a latrine or urinal or a work under construction, or for the purpose of ascertaining whether any animal intended for human food is slaughtered in that place in contravention of this Act or any bye-law made thereunder.

436. Regard to be had to social or religious usages.

436. Regard to be had to social or religious usages.—When any place used as a human dwelling is entered under this Act, due regard shall be paid to the social and religious customs and usages of the occupants of the place entered, and no apartment in the actual occupancy of a female shall be entered or broken open until she has been informed that she is at liberty to withdraw and every reasonable facility has been afforded to her withdrawing.

437. Prohibition of obstruction or molestation in execution of work.

437. Prohibition of obstruction or molestation in execution of work.—No person shall obstruct or molest any person authorised or empowered by or under this Act or any person with whom the Corporation or any of the municipal authorities specified in Section 44 has lawfully contracted, in the execution of his duty or of anything which he is authorised or empowered or required to do by virtue or inconsequence of any of the provisions of this Act or any bye-law made thereunder, or in fulfilment of his contract, as the case may be.

438. Public notices how to be made known.

438. Public notices how to be made known.—Every public notice given under this Act or any bye-law made thereunder shall be in writing under the signature of [vii][the Commissioner or of any municipal officer authorised by him in this behalf], and shall be widely made known in the locality to be affected thereby, by affixing copies thereof in conspicuous public places within the said locality or by publishing the same by beat of drum or by advertisement in local newspapers or by any two or more of these means and by any other means that the [Commissioner][viii] may think fit.

439. Newspapers in which advertisements or notices to be published.

439. Newspapers in which advertisements or notices to be published.—Whenever it is provided by this Act or any bye-law made thereunder that notice shall be given by advertisement in local newspapers, or that a notification or information shall be published in local newspapers, such notice, notification or information shall be inserted, if practicable, in at least three newspapers in such languages as the Corporation may from time to time specify in this behalf:

Provided that if the Corporation publishes a municipal journal, a publication in that journal shall be deemed to be a publication in a newspaper of the language in which the said journal may be published.

440. Proof of consent, etc., of Commissioner, General Managers, etc.

440. Proof of consent, etc., of Commissioner, General Managers, etc.—Whenever under this Act or any rule, regulation or bye-law made thereunder, the doing of, or the omission to do, anything or the validity of anything depends upon the approval, sanction, consent, concurrence, declaration, opinion or satisfaction of the Commissioner [ix][or of any municipal officer, a written document signed by the Commissioner] or officer purporting to convey or set forth such approval, sanction, consent, concurrence, declaration, opinion or satisfaction shall be sufficient evidence thereof.

441. Notices, etc., to fix reasonable time.

441. Notices, etc., to fix reasonable time.—Where any notice, bill, order or requisition issued or made under this Act or any rule, regulation or bye-law made thereunder requires anything to be done for the doing of which no time is fixed in this Act or the rule, regulation or bye-law, the notice, bill, order or requisition shall specify a reasonable time for doing the same.

442. Signature on notices, etc., may be stamped.

442. Signature on notices, etc., may be stamped.—[x][(1) Every licence, written permission, notice, bill, summons or other document which is required by this Act or any rule, regulation or bye-law made thereunder to bear the signature of the Commissioner or of any municipal officer, shall be deemed to be properly signed if it bears a facsimile of the signature of the Commissioner or officer, as the case may be, stamped thereupon.]

(2) Nothing in sub-section (1) shall be deemed to apply to a cheque drawn upon the Municipal Fund under Section 101.

443. Notices, etc., by whom to be served or issued.

443. Notices, etc., by whom to be served or issued.—All notices, bill, summonses, and other documents required by this Act or any rule, regulation or bye-law made thereunder to be served upon, or issued to, any person, shall be served or issued by municipal officers or other municipal employees or by other persons authorised by [xi][the Commissioner].

444. Service of notices, etc.

444. Service of notices, etc.—(1) Every notice, bill, summons, order, requisition or other document required or authorised by this Act or any rule, regulation or bye-law made thereunder to be served or issued by or on behalf of the Corporation, or by any of the municipal authorities specified in Section 44 or any municipal officer, on any person shall, save as otherwise provided in this Act or such rule, regulation or bye-law be deemed to be duly served—

(a) where the person to be served is a company, if the document is addressed to the secretary of the company at its registered office or at its principal office or place of the business and is either—

(i) sent by registered post, or

(ii) delivered at the registered office or at the principal office or place of business of the company;

(b) where the person to be served is a partnership, if the document is addressed to the partnership at its principal place of business, identifying it by the name or style under which its business is carried on, and is either—

(i) sent by registered post, or

(ii) delivered at the said place of business;

(c) where the person to be served is a public body, or a corporation, society or other body, if the document is addressed to the secretary, treasurer or other head officer of that body, corporation or society at its principal office, and is either—

(i) sent by registered post, or

(ii) delivered at that office;

(d) in any other case, if the document is addressed to the person to be served and—

(i) is given or tendered to him, or

(ii) if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business, if within the Union Territory of Delhi or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building, if any, to which it relates, or

(iii) is sent by registered post to that person.

(2) Any document which is required or authorised to be served on the owner or occupier of any land or building may be addressed “the owner” or “the occupier”, as the case may be, of that land or building (naming that land or building) without further name or description, and shall be deemed to be duly served—

(a) if the document so addressed is sent or delivered in accordance with clause (d) of sub-section (1); or

(b) if the document so addressed or a copy thereof so addressed, is delivered to some person on the land or building or, where there is no person on the land or building to whom it can be delivered, is affixed to some conspicuous part of the land or building.

(3) Where a document is served on a partnership in accordance with this section, the document shall be deemed to be served on each partner.

(4) For the purpose of enabling any document to be served on the owner of any premises the Commissioner may by notice in writing require the occupier of the premises to state the name and address of the owner thereof.

(5) Where the person on whom a document is to be served is a minor, the service upon his guardian or any adult member of his family shall be deemed to be service upon the minor.

(6) Nothing in Sections 442 and 443 and in this section shall apply to any summons issued under this Act by a court.

(7) A servant is not a member of the family within the meaning of this section.

445. Service of bills for tax or notice of demand by ordinary post.

445. Service of bills for tax or notice of demand by ordinary post.—Notwithstanding anything contained in Sections 443 and 444 a bill for any tax or a notice of demand may be served by sending it by ordinary post with a prepaid letter under a certificate of posting addressed to the appropriate person specified in Section 444 at his last known place of residence or business and in proving the service of every bill or notice so sent it shall be sufficient to prove that the letter was properly addressed and posted under a certificate of posting.

446. Powers in case of non-compliance with notice, etc.

446. Powers in case of non-compliance with notice, etc.—In the event of a non-compliance with the terms of any notice, order or question issued to any person under this Act or any rule, regulation or bye-law made thereunder; requiring such person to execute any work or to do any act it shall be lawful for the authority or officer at whose instance the notice, order or requisition has been issued, whether or not the person in default is liable to punishment for such default or has been prosecuted or sentenced to any punishment therefor, after giving notice in writing to such person, to take such action or such steps as may be necessary for the completion of the act or the work required to be done or executed by such person and all the expenses incurred on such account shall be payable to the Commissioner on demand and if not paid within ten days after such demand, shall be recoverable as an arrear of tax under this Act.

447. Liability of occupier to pay in default of owner.

447. Liability of occupier to pay in default of owner.—(1) If any notice, order or requisition has been issued to any person in respect of property of which he is the owner, the authority or officer at whose instance such notice, order or requisition has been issued, may require the occupier of such property or of any part thereof to pay to him, instead of to the owner, any rent payable by him in respect of such property, as it falls due up to the amount recoverable from the owner under Section 446:

Provided that if the occupier refuses to disclose the correct amount of the rent payable by him or the name or address of the person to whom it is payable, the authority or officer may recover from the occupier the whole amount recoverable under Section 446 as an arrear of tax under this Act.

(2) Any amount recovered from an occupier instead of from an owner under sub-section (1) shall, in the absence of any contract between the owner and the occupier to the contrary, be deemed to have been paid to the owner.

448. Execution of work by occupier in default of owner and deduction of expenses from rent.

448. Execution of work by occupier in default of owner and deduction of expenses from rent.—Whenever the owner of any land or building fails to execute any work which he is required to execute under this Act or any bye-law made thereunder, the occupier, if any, of such land or building may, with the approval of the Commissioner, execute the said work and he shall, subject to any contract between the owner and occupier to the contrary, be entitled to recover from the owner the reasonable expenses incurred by him in the execution of the work and may deduct the amount thereof from the rent payable by him to the owner.

449. Relief to agents and trustees.

449. Relief to agents and trustees.—(1) Where any person, by reason of his receiving rent of immovable property as a receiver, agent or trustee, or of his being as a receiver, agent or trustee of the person who would receive the rent if the property were let to a tenant, would under this Act or any bye-law made thereunder, be bound to discharge any obligation imposed on the owner of the property for the discharge of which money is required, he shall not be bound to discharge the obligation unless he has, or but for his own improper act or default might have had funds in his hands belonging to the owner sufficient for the purpose.

(2) The burden of proving any fact entitling a receiver, agent or trustee to relief under sub-section (1) shall lie upon him.

(3) Where any receiver, agent or trustee has claimed and established his right to relief under this section, the Commissioner may, by notice in writing require him, to apply to the discharge of his obligation as aforesaid the first moneys which may come to his hands on behalf, or for the use, of the owner and on failure to comply with the notice, he shall be deemed to be personally liable to discharge the obligation.

450. General power to pay compensation.

[xii][450. General power to pay compensation.—In any case not otherwise provided for in this Act or in any bye-law made thereunder, the Commissioner, with the previous approval of the Standing Committee, may pay compensation to any person who sustains damage by reason of the exercise of any of the powers vested by this Act or any bye-law in the Commissioner or in any municipal officer or other municipal employee.]

451. Compensation to be paid by offenders for damage caused by them.

451. Compensation to be paid by offenders for damage caused by them.—(1) Any person who has been convicted of an offence against this Act or any bye-law made thereunder shall, notwithstanding any punishment to which he may have been sentenced for the said offence, be liable to pay such compensation for any damage to the property of the Corporation resulting from the said offence as the appropriate municipal authority may consider reasonable.

(2) In the event of a dispute regarding the amount of compensation payable under sub-section (1) such amount shall, on application made to him, be determined by the magistrate before whom the said person was convicted of the said offence; and on non-payment of the amount of compensation so determined the same shall be recovered under a warrant from the said magistrate as if it were a fine imposed by him on the person liable therefor.

452. Reference to the court of the District Judge in certain cases.

452. Reference to the court of the District Judge in certain cases.—(1) If, when the Commissioner demands payment of any expenses referred to in Section 446, his right to demand the same or the amount of the demand is disputed within ten days after such demand, the Commissioner shall [xiii][refer the case for determination—

(a) to the Appellate Tribunal, if such demand relates to the expenses incurred in taking necessary action or steps for the completion of any act or work required to be done or executed in the event of non-compliance with any notice, order or requisition under Sections 317, 325, 343, 344 and 345;

(b) to the court of the district of Delhi, in any other case.]

(2) The Commissioner shall, pending the decision on any such reference, defer further proceedings for the recovery of the sum claimed by him and shall, after the decision, proceed to recover only such amount, if any, as is thereby declared to be due in the manner referred to in Section 446.

453. Application to the court of the District Judge in other cases.

453. Application to the court of the District Judge in other cases.—(1) Where, in any case not provided for by Section 452, the Corporation or any municipal authority or any municipal officer or other municipal employee is required by this Act or by any bye-law made thereunder to pay any expenses or any compensation, the amount to be so paid and if necessary, the apportionment of the same, shall, in case of dispute, be determined by the court of the District Judge of Delhi on application having been made to it for this purpose at any time within one year from the date when such expenses or compensation first became claimable.

(2) If the amount of any expenses or compensation ascertained in accordance with sub-section (1) is not paid by the person liable therefor on demand, it shall be recoverable as if the same were due under a decree passed by the court of the District Judge in an original suit tried by it.

454. Power to sue for expenses or compensation.

454. Power to sue for expenses or compensation.—Instead of proceeding in the manner aforesaid for the recovery of any expenses or compensation of which the amount due has been ascertained as hereinbefore provided, or after such proceedings have been taken unsuccessfully or with only partial success, the sum due or the balance of the sum due, as the case may be, may be recovered by a suit brought against the person liable for same in any court of competent jurisdiction.

455. Mode of recovery of certain dues.

455. Mode of recovery of certain dues.—In any case not expressly provided for in this Act or any bye-law made thereunder any due to the Corporation on account of any charge, costs, expenses, fees, rates or rent or on any other account under this Act or any such bye-law may be recoverable from any person from whom such sum is due as an arrear of tax under this Act:

Provided that no proceedings for the recovery of any sum under this section shall be commenced after the expiry of three years from the date on which such sum becomes due.

456. Right of owner to apply to the court of the District Judge in case of obstruction by occupier.

456. Right of owner to apply to the court of the District Judge in case of obstruction by occupier.—(1) The owner of any land or building may, if he is prevented by the occupier thereof from [xiv][complying with—

(a) the provisions of Section 317, Section 325, Section 343, Section 344, Section 345 or Section 347 or any bye-law made thereunder or with any notice or order issued under any such provision, apply to the Appellate Tribunal; and

(b) any other provision or any bye-law made thereunder or with any notice, order or requisition issued under such provision apply to the court of the District Judge of Delhi, and where such application is made],

within any time that may be fixed for the compliance with such provision or notice, order or requisition the owner shall not be liable for his failure to comply with the provision, or notice, order or requisition within the time so fixed.

(2) [xv][The Appellate Tribunal or the court, as the case may be] on receipt of such application, may make a written order requiring the occupier of the land or building to afford all reasonable facilities to the owner for complying with the said provfsion or notice, order or requisition and may also, if it thinks fit direct that the costs of such application and order be paid by the occupier.

(3) After eight days from the date of the order referred to in sub-section (2), the occupier shall afford all such reasonable facilities to the owner for the purpose aforesaid as may be specified in the order; and in the event of his continued refusal to do so, the owner shall be discharged during the continuance of such refusal, from any liability which may have been otherwise incurred by reason of his failure to comply with the said provision or notice, order or requisition.

457. General powers and procedure of the court of the District Judge.

457. General powers and procedure of the court of the District Judge.—The procedure provided in the Code of Civil Procedure, 1908 (5 of 1908), in regard to suits shall be followed, as far as it can be made applicable, in the disposal of applications, appeals or references that may be made to the court of the District Judge of Delhi under this Act or any bye-law made thereunder.

458. Fees in proceedings before the court of the District Judge.

458. Fees in proceedings before the court of the District Judge.—(1) The [* * *][xvi] Government may, by notification in the the Official Gazette, prescribe what fee shall be paid—

(a) on any application, appeal or reference under this Act or any bye-law made thereunder to the court of the district judge of Delhi; and

(b) for the issue, in connection with any inquiry or proceedings before that court under this Act or such bye-law, of any summons or other process:

Provided that the fee, if any, prescribed under clause (a) shall not, in cases in which the value of the claim or subject-matter is capable of being estimated in money, exceed the fees leviable for the time being under the provisions of the Court Fees Act, 1870 (7 of 1870), in cases in which the amount of the claim or subject-matter is of a like amount.

(2) The [*  *  *] Government may, by like notification, determine the person by whom the fee, if any, prescribed under clause (a) of sub-section (1) shall be payable.

(3) No application, appeal or reference shall be received by the court of the District Judge until the fee, if any, prescribed therefor under clause (a) of sub-section (1) has been paid:

Provided that the court may, in any case in which it thinks fit so to do,—

(i) receive an application, appeal or reference made by or on behalf of a poor person, and

(ii) issue process on behalf of any such person,

without payment or on part payment of the fees prescribed under this section.

459. Repayment of half fees on settlement before hearing.

459. Repayment of half fees on settlement before hearing.—Whenever any application, appeal or reference made under this Act, or any bye-law made thereunder to the court of the District Judge is settled by agreement between the parties before the hearing, half the amount of all fees paid up to that time shall be repaid by the court to the parties by whom the same have respectively been paid.

460. Power of the court of the District Judge to delegate certain powers and to make rules.

460. Power of the court of the District Judge to delegate certain powers and to make rules.—The court of the District Judge of Delhi may—

(a) delegate, either generally or specially, to the court of an additional District Judge, power to receive applications [xvii][election petitions], appeals and references under this Act or any rule, regulation or bye-law made thereunder, and to hear and determine such applications, [xviii][election petitions], appeals and references;

(b) with the approval of the [*  *  *][xix] Government, make rules not inconsistent with this Act or any rule, regulation or bye-law made thereunder, providing for any matter connected with the exercise of the jurisdiction conferred upon the court by this Act which is not herein specifically provided for.

461. Punishment for certain offences.

461. Punishment for certain offences.—[xx][(1)] Whoever—

(a) contravenes any provision of any of the sections, sub-sections, clauses, provisos or other provisions of this Act mentioned in the first column of the Table in the Twelfth Schedule; or

(b) fails to comply with any order or direction lawfully given to him or any requisition lawfully made upon him under any of the said sections, sub-sections, clauses, provisos or other provisions,

shall be punishable—

(i) with fine which may extend to the amount, or with imprisonment for a term which may extend to the period, specified in that behalf in the third column of the said Table or with both; and

(ii) in the case of a continuing contravention or failure, with an additional fine which may extend to the amount specified in the fourth column of that Table for every day during which such contravention or failure continues after conviction for the first such contravention or failure.

[xxi][(2) Notwithstanding anything contained in sub-section (1), whoever contravenes the provisions of sub-section (1) of Section 317 or sub-section (1) of Section 320 or sub-section (1) of Section 321 or sub-section (1) of Section 325 or Section 339, in relation to any street which is a public street, shall be punishable with simple imprisonment which may extend to six months or with fine which may extend to five thousand rupees or with both.]

462. Punishment for acquiring share or interest in contract, etc., with the Corporation.

462. Punishment for acquiring share or interest in contract, etc., with the Corporation.—[xxii][Any councillor or any person referred to in clause (b) of sub-section (3) of Section 3 of any committee of the Corporation], who knowingly acquires, directly or indirectly, any share or interest in any contract made with, or any work done for, the Corporation not being a share or interest such as under Section 9 it is permissible for a councillor to have without being thereby disqualified for being a councillor [* * *][xxiii], and the Commissioner, [* * *][xxiv], or any municipal officer or other municipal employee who knowingly acquires, directly or indirectly, any share or interest in any contract made with, or any work done for, the Corporation not being a share or interest such as under clause (i) of sub-section (1) of Section 9 or sub-clauses (ii) and (iii) of clause (c) of sub-section (2) of that section it is permissible for a councillor [* * *][xxv] to have, without being thereby disqualified for being a councillor [* * *][xxvi], shall be deemed to have committed the offence made punishable under Section 168 of Indian Penal Code, 1860 (45 of 1860).

463. Punishment for offences relating to terminal tax.

[xxvii][463. Punishment for offences relating to terminal tax.—Whoever brings within the Union Territory of Delhi any goods liable to terminal tax without the payment of such tax shall, on conviction, be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both, and the court trying an offence under this section may, on such conviction, also confiscate the goods in respect of which the offence has been committed.]

464. Penalty for evasion of terminal taxes.

[xxviii][464. Penalty for evasion of terminal taxes.—Where any goods imported into Delhi are liable to the payment of terminal tax, any person who, with the intention of evading payment of the tax introduces or attempts to introduce or causes or abets the introduction of any such goods within the Union Territory of Delhi, upon which payment of terminal tax due on such introduction, has neither been made nor tendered, shall be punishable with fine which may extend to ten times the amount of such terminal tax.]

465. General penalty.

465. General penalty.—Whoever, in any case in which a penalty is not expressly provided by this Act, fails to comply with any notice, order or requisition issued under any provision thereof, or otherwise contravenes any of the provisions of this Act, shall be punishable with fine which may extend to one hundred rupees, and in case of a continuing failure or contravention, with an additional fine which may extend to twenty rupees for every day after the first during which he has persisted in the failure or contravention.

466. Offences by companies.

466. Offences by companies.—Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation.—For the purposes of this section,—

(a) “company” means a body corporate, and includes a firm or other association of individuals; and

(b) “director” in relation to a firm means a partner in the firm.

466-A. Certain offences to be cognizable.

[xxix][466-A. Certain offences to be cognizable.—The Code of Criminal Procedure, 1973 (2 of 1974), shall apply to,—

(a) an offence under sub-section (5) of Section 313 or Section 332 or sub-section (1) of Section 333 or sub-section (1) of Section 334 or Section 343 or Section 344 or Section 345 or Section 347;

(b) an offence under sub-section (1) of Section 317 or sub-section (1) of Section 320 or sub-section (1) of Section 321 or sub-section (1) of Section 325 or Section 339 in relation to any street which is a public street,

as if it were a cognizable offence—

(i) for the purposes of investigation of such offence; and

(ii) for the purposes of all matters other than—

(1) The matters referred to in Section 42 of that Code; and

(2) arrest of a person, except on the complaint of, or upon information received from, such officer of the Corporation, not being below the rank of a Deputy Commissioner, as may be appointed by the Administrator:

Provided that no offence of the contravention of any condition subject to which sanction was accorded for the erection of any building or the execution of any work shall be cognizable, if such contravention relates to any deviation from any plan of such erection or execution sanctioned by the Commissioner which is compoundable on payment of an amount under the bye-laws relating to buildings made under this Act.]

467. Prosecution.

[xxx][467. Prosecution.—Save as otherwise provided in this Act, no court shall proceed to the trial of any offence,—

(a) under sub-section (5) of Section 313 or Section 332 or sub-section (1) of Section 333 or sub-section (1) of Section 334 or Section 343 or Section 344 or Section 345 or Section 347 except on the complaint of or upon information received from, such officer of the Corporation, not being below the rank of a Deputy Commissioner, as may be appointed by the Administrator;

(b) under sub-section (1) of Section 317 or sub-section (1) of Section 320 or sub-section (1) of Section 321 or sub-section (1) of Section 325 or Section 339, if any such offence was committed in relation to any street which is a public street, except on the complaint of, or upon information received from, such officer of the Corporation, not being below the rank of a Deputy Commissioner as may be appointed by the Administrator;

(c) other than those specified in clauses (a) and (b), except on the complaint of, or upon information received from, [xxxi][the Commissioner, or a person authorised by him] by a general or special order in this behalf].

468. Composition of offences.

[xxxii][468. Composition of offences.—(1) [xxxiii][The Commissioner or any person authorised by him] by general or special order in this behalf, may either before or after the institution of the proceedings compound any offence made punishable by or under this Act:

Provided that no offence shall be compoundable which is committed by failure to comply with a notice, order or requisition issued by or on behalf of the Corporation or of any of the municipal authorities specified in Section 44 unless and until the same has been complied with so far as the compliance is possible.

(2) Where an offence has been compounded, the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of the offence so compounded.

469. Municipal magistrates.

[xxxiv][469. Municipal magistrates.—(1) The Government may appoint one or more [xxxv][Metropolitan magistrates] for the trial of offences against this Act and against any rule, regulation or bye-law made thereunder and may prescribe the time and place at which such magistrate or magistrates shall sit for the despatch of business.

(2) Such magistrates shall be called municipal magistrates and shall besides the trial of offences as aforesaid, exercise all other powers and discharge all other functions of a magistrate as provided in this Act or any rule, regulation or bye-law made thereunder.

(3) Such magistrates and the members of their staff shall be paid such salary, pension, leave and other allowances as may, from time to time, be fixed by the [*  *  *][xxxvi] Government.

(4) The Corporation shall, out of the Municipal Fund, pay to the [*  *  *][xxxvii] Government the amounts of the salary, pension, leave and other allowances as fixed under sub-section (3) together with all other incidental charges in connection with-the establishments of the said magistrates.

(5) Each such magistrate shall have jurisdiction over the whole of Delhi.

(6) For the purposes of the Code of Criminal Procedure, 1973 (2 of 1974), all municipal magistrates appointed under this Act shall be deemed to be magistrates appointed under Section 16 of the said Code.

(7) Nothing in this section shall be deemed to preclude any magistrate appointed hereunder from trying any offence under any other law.

470. Cognizance of offences.

[xxxviii][470. Cognizance of offences.—All offences against this Act or any rule, regulation or bye-law made thereunder, whether committed within or without the limits of Delhi shall be cognizable by a municipal magistrate and such magistrate shall not be deemed to be incapable of taking cognizance of any such offence or of any offence under any enactment which is repealed by, or which ceases to have effect under, this Act by reason only of his being liable to pay any municipal tax or rate or benefited out of the Municipal Fund.

471. Limitation of time for prosecution.

[xxxix][471. Limitation of time for prosecution.—No person shall be liable to punishment for any offence against this Act or any rule, regulation or bye-law made thereunder, unless complaint of such offence is made before a municipal magistrate within six months next after—

(a) the date of the commission of such offence, or

(b) the date on which the commission or existence of such offence was first brought to the notice of the complainant.

472. Power of magistrate to hear cases in absence of accused when summoned to appear.

[xl][472. Power of magistrate to hear cases in absence of accused when summoned to appear.—If any person summoned to appear before a magistrate to answer a charge of an offence against this Act or any rule, regulation or bye-law made thereunder fails to appear at the time and place mentioned in the summons, or on any date to which the hearing of the case is adjourned, the magistrate may hear and determine the case in his absence, if—

(a) service of the summons is proved to his satisfaction, and

(b) no sufficient cause is shown, for the non-appearance of such person.

473. Complaints concerning nuisances and procedure thereof.

[xli][473. Complaints concerning nuisances and procedure thereof.—(1) The Commissioner, [xlii][or any municipal officer or other municipal employee authorised by him] in this behalf or any person who resides or owns property in Delhi, may complain to a municipal magistrate of the existence of any nuisance.

(2) Upon the receipt of any such complaint the magistrate, after making such inquiry as he thinks necessary, may by written order direct the person responsible for the nuisance or the owner of the land or building on which the nuisance has taken place, to take such measures as to such magistrate may seem practicable and reasonable, and within such period as may be specified in the order, for abating preventing, removing or remedying such nuisance and may direct [the Commissioner][xliii] to put into force any of the provisions of this Act or any bye-law made thereunder.

(3) The magistrate may further direct the person found responsible for the nuisance to pay to the complainant such reasonable costs of and relating to the said complaint as he shall determine, inclusive of compensation for the complainant's loss of time in prosecuting such complaint.

(4) Where in the opinion of the magistrate immediate action to prevent the nuisance is necessary he may dispense with the inquiry as required by sub-section (2) and make such order as he considers necessary forthwith.

(5) If the person directed to take action by an order under sub-section (2) or sub-section (3) fails to do so within the period specified in the order, the Commissioner or [*  *  *][xliv] may on the expiry of the said period proceed to take action as directed in the order or may take such other measures to abate, prevent, remove or remedy the nuisance as he considers necessary, and all expenses incurred in that connection shall be recoverable from the person against whom the magistrate has made the order as an arrear of tax under this Act.

474. Arrest of offenders.

474. Arrest of offenders.—(1) Any police officer may arrest any person who commits in his view any offence against this Act or against any rule, regulation or bye-law made thereunder if—

(a) the name and address of such person be unknown to him, and

(b) such person on demand declines to give his name and address or gives a name and address which such officer has reason to believe to be false.

(2) No person so arrested shall be detained in custody after his true name and address are ascertained or, without the order of the nearest magistrate for a period longer than twenty-four hours from the time of arrest exclusive of the time necessary for the journey from the place of arrest to the court of such magistrate.

475. Duties of police officers.

475. Duties of police officers.—It shall be the duty of all police officers to give immediate information to the Commissioner [*  *  *][xlv] of the commission of, or the attempt to commit any offence against this Act or any rule, regulation or bye-law made thereunder and to assist all municipal officers and other municipal employees in the exercise of their lawful authority.

476. Power to institute, etc., legal proceedings and obtain legal advice.

476. Power to institute, etc., legal proceedings and obtain legal advice.—(1) The Commissioner may—

(a) take, or withdraw from, proceedings against any person who is charged with—

(i) any offence against this Act or any rule, regulation or bye-law made thereunder; or

(ii) any offence which affects or is likely to affect any property or interest of the Corporation or the due administration of this Act; or

(iii) committing any nuisance whatsoever;

(b) contest or compromise any appeal against rateable value or assessment of any tax or rate;

(c) take, or withdraw from or compromise, proceedings under Sections 451, 452 and 453 for the recovery of expenses or compensation claimed to be due to the Corporation;

(d) withdraw or compromise any claim for a sum not exceeding one thousand rupees against any person;

(e) defend any suit or other legal proceeding brought against the Corporation or against the Commissioner or a municipal officer or other municipal employee in respect of anything done or omitted to be done by any one of them in his official capacity;

(f) with the approval of the Standing Committee admit or compromise any claim, suit or other legal proceeding brought against the Corporation or against the Commissioner or any municipal officer or other municipal employee in respect of anything done or omitted to be done as aforesaid;

(g) withdraw or compromise any claim against any person in respect of a penalty payable under a contract entered into with such person by the Commissioner on behalf of the Corporation;

(h) institute and prosecute any suit or other legal proceeding, or with the approval of the Standing Committee withdraw from or compromise any suit or any claim for any sum not exceeding five hundred rupees which has been instituted or made in the name of the Corporation or of the Commissioner;

(i) obtain such legal advice and assistance as he from time to time thinks necessary or expedient to obtain or as he may be required by the Corporation or the Standing Committee [or the Wards Committee][xlvi] to obtain, for any of the purposes mentioned in the foregoing clauses or for securing lawful exercise or discharge of any power or duty vesting in or imposed upon any municipal authority or any municipal officer or other municipal employee.

(2)[*  *  *][xlvii]

477. Protection of action of the Corporation, etc.

477. Protection of action of the Corporation, etc.—No suit or prosecution shall be entertained in any court against the Corporation or against any municipal authority or against any municipal officer or other municipal employee or against any person acting under the order or direction of any municipal authority or any municipal officer or other municipal employee, for anything which is in good faith done or intended to be done, under this Act or any rule, regulation or bye-law made thereunder.

478. Notice to be given of suits.

478. Notice to be given of suits.—(1) No suit shall be instituted against the Corporation or against any municipal authority or against any municipal officer or other municipal employee or against any person acting under the order or direction of any municipal authority or any municipal officer or other municipal employee, in respect of any act done, or purporting to have been done, in pursuance of this Act or any rule, regulation or bye-law made thereunder until the expiration of two months after notice in writing has been left at the municipal office and, in the case of such officer, employee or person, unless notice in writing has also been delivered to him or left at his office or place of residence, and unless such notice states explicitly the cause of action, the nature of the relief sought, the amount of compensation claimed, and the name and place of residence of the intending plaintiff, and unless the plaint contains a statement that such notice has been so left or delivered.

(2) No suit, such as is described in sub-section (1), shall unless it is a suit for the recovery of immovable property or for a declaration of title thereto, be instituted after the expiry of six months from the date on which the cause of action arises.

(3) Nothing in sub-section (1) shall be deemed to apply to a suit in which the only relief claimed is an injunction of which the object would be defeated by the giving of the notice or the postponement of the institution of the suit.

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