Delhi Municipal Corporation Act, 1957- Sections 479 to 516

Chapter 23

Rules, Regulations and Bye-laws

479. Supplemental provisions respecting rules.

479. Supplemental provisions respecting rules.—(1) Any rule which the Central Government is empowered to make under this Act may provide that any contravention thereof shall be punishable with fine which may extend to one hundred rupees.

[i][(2) Every rule made under this Act, every notification issued under sub-section (2) of Section 3-A and sub-section (2) of Section 52 and bye-laws made by the Central Government under Section 349-A shall be laid as soon 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 previously done under that rule, bye-law or notification.]

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

480. Supplemental provisions respecting regulations.

480. Supplemental provisions respecting regulations.—(1) Any regulation which may be made by the Corporation under this Act, may be made by the Central Government within one year of the establishment of the Corporation; and any regulation so made may be altered or rescinded by the Corporation in the exercise of its powers under this Act.

(2) No regulation made by the Corporation under this Act shall have effect until it has been approved by the Central Government and published in the Official Gazette.

481. Power to make bye-laws.

481. Power to make bye-laws.—(1) Subject to the provisions of this Act the 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 the 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;

(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 (16 of 1908), of the additional stamp duty payable to the Corporation under this Act, the periodical payment of such duty to the 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;

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

(Omitted by Act No. 67 of 1993.)

[* * *][ii]

C. Bye-laws relating to electric supply

(Omitted by Act No. 67 of 1993.)

[* * *][iii]

D. [*  *  *][iv]

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 itinerant 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;

F. Bye-laws relating to buildings

(Omitted by Act No. 67 of 1993.)

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 whitewashing 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 Delhi 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 Delhi 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;

(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

(1) 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 no provision is made elsewhere by this Act.

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

(1) the days on, and the hours during which any market or slaughterhouse may be kept open for use;

(2) the regulation of the design, ventilation and drainage of markets and slaughterhouses and the materials to be used in the construction thereof;

(3) the keeping of markets and slaughterhouses 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 slaughterhouse;

(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 slaughterhouses and the bringing out of the carcasses of such animals after slaughter and the fee to be paid for use of slaughterhouses;

(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 Delhi;

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

(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 as to secure cleanliness 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, signboards and signposts;

(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

(Omitted by Act No. 67 of 1993.)

[*   *   *][v]

(2) Any bye-law which may be made under sub-section (1) may be made by the Central Government within one year of the establishment of the Corporation; and any bye-law so made may be altered or rescinded by the Corporation in the exercise of its powers under sub-section (1).

481-A. Regulations and bye-laws to be laid before Parliament.

[vi][481-A. Regulations and bye-laws to be laid before Parliament.—The Central Government shall cause every regulation made under this Act and every bye-law made under Section 481 to be laid, as soon as may be after it is made, 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 regulation or bye-law or both Houses agree that the regulation or bye-law should not be made, the regulation or bye-law 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 previously done under that regulation or bye-law.]

482. Penalty for breaches of bye-laws.

482. Penalty for breaches of bye-laws.—(1) Any bye-law made under this Act may provide that a contravention thereof shall be punishable—

(a) with fine which may extend to five hundred rupees; or

(b) with fine which may extend to five hundred rupees and in the case of a continuing contravention, with an additional fine which may extend to twenty rupees for every day during which such contravention continues after conviction for the first such contravention;

(c) with fine which may extend to twenty rupees for every day during which the contravention continues, after the receipt of a notice from the Commissioner or any municipal officer duly authorised in that behalf, by the person contravening the bye-law requiring such person to discontinue such contravention:

Provided that a contravention of any bye-law relating to the road transport services may be punishable with imprisonment which may extend to three months, or with fine which may extend to fifteen hundred rupees, or with both.

(2) Any such bye-law may also provide that a person contravening the same shall be required to remedy so far as lies in his power, the mischief, if any, caused by such contravention.

483. Supplemental provisions respecting bye-laws.

483. Supplemental provisions respecting bye-laws.—(1) Any power to make bye-laws conferred by this Act is conferred subject to the conditions of the bye-laws being made after previous publication and in the case of such bye-laws being made by the Corporation of their not taking effect until they have been approved by the [*  *  *][vii] Government and published in the Official Gazette.

(2) The [*  *  *][viii] Government in approving a bye-law may make any change therein which appears to it to be necessary.

(3) The [*  *  *][ix] Government may, after previous publication of its intention cancel any bye-law which it has approved, and thereupon the bye-law shall cease to have effect.

484. Bye-laws to be available for inspection and purchase.

484. Bye-laws to be available for inspection and purchase.—(1) A copy of all bye-laws made under this Act shall be kept at the municipal office and shall, during office hours, be open free of charge to inspection by any inhabitant of Delhi.

(2) Copies of all such bye-laws shall be kept at the municipal office and shall be sold to the public at cost price either singly or in collections at the option of the purchaser.

Chapter 24

Control

485. Central Government or the Government to require production of documents.

485. Central Government [or the Government][x] to require production of documents.—The Central Government [or the Government][xi] may at any time require the Commissioner—

(a) to produce any record, correspondence, plan or other document in his possession or under his control;

(b) to furnish any return, plan estimate, statement, account or statistics relating to the proceedings, duties or works of the Corporation or any of the municipal authorities;

(c) to furnish or obtain and furnish any report.

486. Inspection.

486. Inspection.—The Central Government [or the Government][xii] may depute any person in the service of Government to inspect or examine any municipal department or office or any service or work undertaken by the Corporation or any of the municipal authorities or any property belonging to the Corporation and to report thereon and the Corporation and every municipal authority and all municipal officers and other municipal employees shall be bound to afford the person so deputed access at all reasonable times to the premises and properties of the Corporation and to all records, accounts and other documents the inspection of which he may consider necessary to enable him to discharge his duties.

487. Directions by Central Government.

487. Directions by Central Government.—(1) If [xiii][whether on receipt of a report or on receipt of] any information or report obtained under Section 485 or Section 486 or otherwise, the Central Government is of opinion—

(a) that any duty imposed on the Corporation or any municipal authority by or under this Act has not been performed or has been performed in an imperfect, insufficient or unsuitable manner, or

(b) that adequate financial provision has not been made for the performance of any such duty, it may direct the Corporation or the municipal authority concerned, within such period as it thinks fit, to make arrangements to its satisfaction for the proper performance of the duty, or as the case may be, to make financial provision, to its satisfaction for the performance of the duty and the Corporation or the municipal authority concerned shall comply with such direction:

Provided that, unless in the opinion of the Central Government the immediate execution of such order is necessary, it shall before making any direction under this section give the Corporation or the municipal authority concerned an opportunity of showing cause why such direction should not be made.

(2)[*  *  *][xiv].

(3)[*  *  *][xv].

488. Power to provide for enforcement of direction under Section 487.

488. Power to provide for enforcement of direction under Section 487.—If, within the period fixed by a direction made under sub-section (1) of Section 487, any action the taking of which has been directed under that sub-section has not been duly taken, the Central Government may make arrangements for the taking of such action and may direct that all expenses connected therewith shall be defrayed out of the Municipal Fund.

489. Power of Central Government to give directions in relation to primary schools, etc.

489. Power of Central Government to give directions in relation to primary schools, etc.—(1) The Central Government may give the Corporation all such directions as it considers necessary in respect of subjects, curricula, text books, standards and methods of teaching in primary schools vested in the Corporation or maintained wholly or partly by grants paid out of the Municipal Fund and in respect of such other matters as that Government considers necessary and the Corporation shall comply with all such directions.

(2) It shall be lawful for any officer appointed by the Central Government in this behalf to inspect any such school; and all reasonable facilities shall be given to such officer in connection with the inspection.

(3) The Central Government, after considering the report of inspection made by such officer, may give the Corporation such directions as it considers necessary and the Corporation shall comply with such directions.

490. Dissolution of the Corporation.

[xvi][490. Dissolution of the Corporation.—(1) If, in the opinion of the Central Government, the Corporation persistently makes default in the performance of the duties imposed on it by or under this Act or exceeds or abuses its powers, the Central Government may by an order published, together with a statement of reasons therefor, in the Official Gazette, dissolve the Corporation:

Provided that the Corporation shall be given a reasonable opportunity of being heard before its dissolution.

(2) When the Corporation is dissolved by an order under sub-section (1),—

(a) all councillors shall, on the date of the dissolution, vacate their office as such councillors and the persons referred to in clause (b) of sub-section (3) of Section 3 shall cease to be represented in the Corporation;

(b) during the period of dissolution of the Corporation, all powers and duties conferred and imposed upon the Corporation by or under this Act or any other law, shall be exercised and performed by such officer or authority as the Central Government may appoint in that behalf;

(c) all property vested in the Corporation shall, until it is reconstituted, vest in the Central Government.

(3) An election to constitute the Corporation shall be completed before the expiration of a period of six months from the date of its dissolution.

(4) An order of dissolution made under this section together with a statement of the reasons therefor shall be laid before each House of Parliament and the Legislative Assembly of the National Capital Territory of Delhi as soon as may be, after it has been made.]

Chapter 25

Miscellaneous

490-A. Delegation of power by the Central Government.

[xvii][490-A. Delegation of power by the Central Government.—The Central Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act shall, subject to such conditions, if any, as may be specified in the notification be exercisable by the Government or any of its officers or by the Commissioner or any other authority.]

491. Power to delegate functions of Commissioner.

491. Power to delegate functions of Commissioner.—The Commissioner may by order direct that any power conferred or any duty imposed on him by or under this Act shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercised and performed also by any municipal officer or other municipal employee specified in the order.

492. Validity of notices and other documents.

492. Validity of notices and other documents.—No notice, order, requisition, licence, permission in writing or any other document issued under this Act shall be invalid merely by reason of defect or form.

493. Admissibility of document or entry as evidence.

493. Admissibility of document or entry as evidence.—A copy of any receipt, application, plan, notice, order or other document or of any entry in a register in the possession of any municipal authority shall, if duly certified by the legal keeper thereof or other person authorised by the Commissioner in this behalf, be admissible in evidence of the existence of the document or entry, and shall be admitted as evidence of the matters and transactions therein recorded in every case where, and to the same extent to which, the original document or entry would, if produced, have been admissible to prove such matters and transactions.

494. Evidence of municipal officer or employee.

494. Evidence of municipal officer or employee.—No municipal officer or other municipal employee shall, in any legal proceedings to which the Corporation is not a party, be required to produce any register or document the contents of which can be proved under Section 493 by a certified copy, or to appear as a witness to prove any matter or transaction recorded therein save by order of the court made for special cause.

495. Prohibition against obstruction of Mayor or any municipal authority, etc.

495. Prohibition against obstruction of Mayor or any municipal authority, etc.—No person shall obstruct or molest the Corporation or any municipal authority, the Mayor or the Deputy Mayor, any councillor or aldermen or any person employed by the Corporation or any person with whom the Commissioner has entered into a contract on behalf of the Corporation, in the performance of their duty or of anything which they are empowered or required to do by virtue or in consequence of any provision of this Act or of any rule, regulation or bye-law made thereunder.

496. Prohibition against removal of mark.

496. Prohibition against removal of mark.—No person shall remove any mark set up for the purpose of indicating any level or direction incidental to the execution of any work authorised by this Act or of any rule or bye-law made thereunder.

497. Prohibition against removal or obliteration of notice.

497. Prohibition against removal or obliteration of notice.—No person shall, without authority in that behalf, remove, destroy, deface or otherwise obliterate any notice exhibited by or under orders of the Corporation or any municipal authority or any municipal officer or other municipal employee specified by the Commissioner in this behalf.

498. Prohibition against unauthorised dealings with public place or materials.

498. Prohibition against unauthorised dealings with public place or materials.—No person shall, without authority in that behalf, remove earth, sand or other material or deposit any matter or make any encroachment from, in, or on any land vested in the Corporation or in any way obstruct the same.

499. Liability of Commissioner, etc., for loss, waste or misapplication of Municipal Fund or property.

499. Liability of Commissioner, etc., for loss, waste or misapplication of Municipal Fund or property.—(1) [xviii][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 the 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 the Corporation with the previous sanction of the [*  *  *][xix] Government or by the [*  *  *][xx] Government.

(2) Every such suit shall be instituted within three years after the date on which the cause of action arose.

500. Councillors and municipal officers and employees to be public servants.

500. Councillors and municipal officers and employees to be public servants.—[xxi][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 deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code, 1860 (45 of 1860), and in the definition of “legal remuneration” in Section 161 of that Code the word “Government” shall, for the purpose of this section, be deemed to include the Corporation.

501. Annual administration report.

501. Annual administration report.—(1) As soon as may be after the 1st day of April in every year and not later than such date as may be fixed by the [*  *  *][xxii] Government in this behalf, the Corporation shall submit to that Government a detailed report of the municipal Government of Delhi during the preceding year in such form as that Government may direct.

(2) The Commissioner shall prepare such report and the Corporation shall consider it and forward the same to the [*  *  *][xxiii] Government with its resolution thereon, if any.

(3) Copies of the report shall be kept for sale at the municipal office.

502. Other laws not to be disregarded.

502. Other laws not to be disregarded.—Save as provided in this Act, nothing contained in this Act shall be construed as authorising the disregard by the Corporation or any municipal authority or any municipal officer or other municipal employee of any law for the time being in force.

503. Exemption of diplomatic or consular missions from payment of tax, etc.

503. Exemption of diplomatic or consular missions from payment of tax, etc.—The Central Government may, by order in the Official Gazette, exempt from the payment of any tax, rate, fee or other charge payable under the provisions of this Act, any diplomatic or consular mission of a foreign State or the High Commission of a Commonwealth country and any official of such mission or High Commission.

504. Construction of references.

504. Construction of references.—(1) [*  *  *][xxiv].

(2) After the establishment of the Corporation any reference in any enactment, rule, bye-law, order, scheme, notification or other instrument having the force of law, to any of the bodies or local authorities specified in the Second Schedule shall, unless the context or subject otherwise requires, be construed as a reference to the Corporation.

505. [Amendment of Delhi Act 3 of 1955].

505. [Amendment of Delhi Act 3 of 1955].—Repealed by the Repealing and Amending Act, 1960, (58 of 1960), S. 2 and Sch. I.

506. [Amendment of Act 43 of 1950].

506. [Amendment of Act 43 of 1950].—Repealed by S. 2 and Sch. I, ibid.

507. Special provisions as to rural areas.

507. Special provisions as to rural areas.—Notwithstanding anything contained in the foregoing provisions of this Act,—

(a) the Corporation with the previous approval of the [*  *  *][xxv] Government, may, by notification in the Official Gazette, declare that any portion of the rural areas shall cease to be included therein and upon the issue of such notification that portion shall be included in and form part of the urban areas;

(b) the Corporation with the previous approval of the [*  *  *][xxvi] Government may, by notification in the Official Gazette,—

(i) exempt the rural areas or any portion thereof from such of the provisions of this Act as it deems fit;

(ii) levy taxes, rates, fees and other charges in the rural areas or any portion thereof at rates lower than those at which such taxes, rates, fees and other charges are levied in the urban areas or exempt such areas or portion from any such tax, rate, fee or other charge;

(c) the Corporation shall pay a Gaon Sabha—

(i) an amount equal to the proceeds of the tax on profession, trades, callings and employments, as and when that tax is levied in the Gaon Sabha area, and

(ii) an amount equal to such portion of the proceeds of the property taxes on lands and buildings in that area as may from time to time be determined by the Corporation,

after deducting the cost of collection from such proceeds.

Explanation.—In this section the expressions “Gaon Sabha” and “Gaon Sabha area” have the same meanings as in the Delhi Panchayat Raj Act, 1954 (Delhi Act 3 of 1955).

508. Special provisions as to Red Fort area.

508. Special provisions as to Red Fort area.—(1) In administering the provisions of this Act within the Red Fort area the Corporation shall comply with the military rules and regulations for the time in force within that area.

(2) In this section the expression “Red Fort area” means the Red Fort and such area contiguous thereto as may be declared by the Central Government by notification in the Gazette of India to be included within the Red Fort area.

508-A. Corporation to undertake work on agency basis.

[xxvii][508-A. Corporation to undertake work on agency basis.—Notwithstanding anything contained in any other provision of this Act, the Corporation may on such terms and conditions as may be determined by agreement between the Corporation and any authority, body or person, carry out any work which is not connected with its functions on agency basis.]

 

Chapter 26

Supplemental and Transitional Provisions

509. [Omitted]

509. [Omitted][xxviii]

510. Provisions relating to existing local authorities in Delhi till the establishment of the Corporation.

510. Provisions relating to existing local authorities in Delhi till the establishment of the Corporation.—(1) Notwithstanding anything contained in the Punjab Municipal Act, 1911, (Pun. 3 of 1911) or as the case may be, the Punjab District Boards Act, 1883 (20 of 1883), as in force in Delhi, as from the commencement of this Act,—

(a) the persons who immediately before such commencement are members of any of the local authorities specified in items 1 to 10 of the Second Schedule shall cease to be such members;

(b) all the powers, duties and functions which may, under any of the aforesaid Acts or any other law, be exercised and performed by any such local authority, or by its President or Chairman, or by any Committee thereof shall, until the establishment of the Corporation, be exercised and performed by a person (whether an officer of Government or not) to be appointed by the Central Government with such designation as it may specify:

Provided that the same person may be appointed in respect of all the aforesaid local authorities.

(2) Nothing in sub-section (1) shall be construed as effecting or implying in any way the dissolution of the aforesaid local authorities as bodies corporate.

511. Provisions as to employees of bodies and local authorities whose functions are taken over by the Corporation.

511. Provisions as to employees of bodies and local authorities whose functions are taken over by the Corporation.—(1) Every officer and other employee of each of the bodies and local authorities specified in the Second Schedule shall on and from the establishment of the Corporation, be transferred to and become an officer or other employee of the Corporation with such designation as the Commissioner may determine and shall hold office by the same tenure, at the same remuneration and on the same terms and conditions of service as he would have held the same if the Corporation had not been established, and shall continue to do so unless and until such tenure, remuneration and terms and conditions are duly altered by the Corporation:

Provided that the tenure, remuneration and terms and conditions of service of any such officer or other employee shall not be altered to his disadvantage without the previous sanction of the Central Government:

Provided further that any service rendered by any such officer or other employee before the establishment of the Corporation shall be deemed to be service rendered under the Corporation.

(2) The Commissioner may employ any officer or other employee transferred to the Corporation under sub-section (1) in the discharge of such functions under this Act as the Commissioner may think proper and every such officer or other employee shall discharge those functions accordingly.

511-A. Temporary provision with respect to electricity, water, sewage, etc.

[xxix][511-A. Temporary provision with respect to electricity, water, sewage, etc.—Notwithstanding the commencement of the Delhi Municipal Corporation (Amendment) Act, 1993, all the provisions existing in the principal Act before such commencement relating to—

(a) water supply, drainage and sewage disposal;

(b) electric supply; and

(c) prevention and extinguishing of fire,

and matters connected therewith or incidental thereto shall be deemed to continue in operation till such date as the Central Government may, by notification in the Official Gazette, specify and different dates may be specified by the Central Government for any of the aforementioned different matters.

511-B. Special provision as to transferred functions.

511-B. Special provision as to transferred functions.—(1) In this section, “transferred functions” means such functions of the Corporation which immediately before the commencement of the Delhi Municipal Corporation (Amendment) Act, 1993 were the functions of the Corporation but as from such commencement become the functions of any other authority or functionary hereinafter called the “new authority”.

(2) On and from such commencement,—

(a) all lands and buildings (together with all interests of whatsoever nature and kind therein) vested in the Corporation immediately before such commencement and used for the purposes of “transferred functions” shall pass to and vest in the new authority concerned;

(b) all stores, articles and other movable properties belonging to the Corporation immediately before such commencement and utilized for or in connection with the “transferred functions” shall pass to and vest in the new authority concerned;

(c) all appointments, notifications, orders, schemes, rules, forms, notices or bye-laws made or issued or any licence or permissions granted by the Corporation immediately before such commencement in connection with the “transferred functions'“ shall continue in force and be deemed to have been made, issued or granted by the new authority concerned unless and until they are superseded by any appointment, notification, order, scheme, rule, form, notice or bye-law made or issued or any licence or permission granted by the new authority concerned;

(d) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for, the Corporation immediately before such commencement for or in connection with the “transferred functions” shall be deemed to have been incurred, entered into, engaged to be done by, with or for, the new authority concerned;

(e) all assessments, valuations, measurements or divisions made by the Corporation immediately before such commencement in or in connection with the “transferred functions” shall continue in force and be deemed to have been made by the new authority concerned unless and until they are superseded by any assessment, valuation, measurement or division made by that authority;

(f) all rates, taxes, fees, rents and other sums of money due to the Corporation in relation to the “transferred functions” immediately before such commencement shall be deemed to be due to the new authority concerned;

(g) all rates, fees, rents and other charges leviable in, or in relation to, the “transferred functions” shall, unless and until they are varied by the new authority concerned continue to be levied at the same rate at which they were being levied by the Corporation immediately before such commencement;

(h) all suits, prosecutions and other legal proceedings instituted or which might have been instituted by or against the Corporation immediately before such commencement for any matter in relation to the “transferred functions” may be continued or instituted by or against the new authority concerned;

(i) every officer and other employee serving under the Corporation immediately before such commencement in connection with the “transferred functions” shall be transferred to and become an officer or other employee of the new authority concerned with such designation as such authority may determine and hold office by the same tenure and at the same remuneration and on the same terms and conditions of service as he would have held the same if the new authority concerned had not been established and shall continue to do so unless and until such tenure, remuneration and terms and conditions are duly altered by that authority:

Provided that the tenure, remuneration and terms and conditions of service of any such officer or other employee shall not be altered to his disadvantage without the previous sanction of the Central Government:

Provided further that any service rendered by any such officer or other employee before such commencement shall be deemed to be service rendered under the new authority concerned:

Provided also that the new authority concerned may employ any such officer or other employee in the discharge of such functions as it may think proper and every such officer or other employee shall discharge those functions accordingly.

(3) As soon as may be after the commencement of the Delhi Municipal Corporation (Amendment) Act, 1993, the Central Government shall decide,—

(a) which stores, articles and other movable properties referred to in clause (b) of sub-section (2) have been utilized by the Corporation for or in connection with the “transferred functions”;

(b) which debts, obligations, liabilities, contracts, matters and things referred to in clause (d) of the said sub-section have been incurred, entered into or engaged to be done by, with or for the Corporation for or in connection with the “transferred functions”;

(c) which officers and other employees referred to in clause (i) of that sub-section served under the Corporation in connection with the “transferred functions”.

(4) In case of any dispute in relation to any of the matters referred to in the various clauses of sub-section (2) other than clauses (b), (d) and (i), the dispute may be referred to the Central Government by the Corporation or the new authority concerned and the decision of that Government shall be final.]

512. Special provisions as to the area transferred from New Delhi to Delhi.

512. Special provisions as to the area transferred from New Delhi to Delhi.—(1) In this section “transferred area” means that area of Delhi which immediately before the commencement of this Act is included within the local limits of the New Delhi Municipal Committee but as from such commencement is included in and forms part of Delhi by virtue of the provisions of this Act.

(2) As from the establishment of the Corporation,—

(a) all lands and buildings (together with all interests of whatsoever nature and kind therein) situated in the transferred area and vested in the New Delhi Municipal Committee immediately before such establishment shall pass to and vest in the Corporation;

(b) all stores, articles and other movable properties belonging to the New Delhi Municipal Committee immediately before such establishment and utilized for or in connection with the transferred area shall pass to and vest in the Corporation;

(c) all appointments, notifications, orders, schemes, rules, forms, notices or bye-laws made or issued or any licence or permission granted by the New Delhi Municipal Committee immediately before such establishment in or in connection with the transferred area shall, in so far as they are not inconsistent with the provisions of this Act continue in force and be deemed to have been made, issued or granted under the provisions of this Act unless and until they are superseded by any appointment, notification, order, scheme, rule, form, notice or bye-law made or issued or any licence or permission granted under the said provisions;

(d) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the New Delhi Municipal Committee immediately before such establishment for or in connection with the transferred area shall be deemed to have been incurred, entered into, engaged to be done by, with or for the Corporation or the municipal authority concerned;

(e) all assessments, valuations, measurements or divisions made by the New Delhi Municipal Committee immediately before such establishment in or in connection with the transferred area shall in so far as they are not inconsistent with the provisions of this Act, continue in force and be deemed to have been made under the provisions of this Act unless and until they are superseded by any assessment, valuation, measurement or division made by the Corporation or the municipal authority concerned under the said provisions;

(f) all rates, taxes, fees, rents and other sums of money due to the New Delhi Municipal Committee in, or in relation to, the transferred area immediately before such establishment shall be deemed to be due to the Corporation;

(g) all rates, taxes, fees, rents and other charges leviable in, or in relation to, transferred area shall unless and until they are varied by the Corporation, continue to be levied at the same rate at which they were being levied by the New Delhi Municipal Committee immediately before such establishment;

(h) all suits, prosecutions and other legal proceedings instituted or which might have been instituted by or against the New Delhi Municipal Committee immediately before such establishment for any matter in relation to the transferred area may be continued or instituted by or against the Corporation;

(i) every officer and other employee serving under the New Delhi Municipal Committee immediately before such establishment in connection with the transferred area shall be transferred to and become an officer or other employee of the Corporation with such designation as the Commissioner may determine and hold office by the same tenure and at the same remuneration and on the same terms and conditions of service as he would have held the same if the Corporation had not been established and shall continue to do so unless and until such tenure, remuneration and terms and conditions are duly altered by the Corporation:

Provided that the tenure, remuneration and terms and conditions of service of any such officer or other employee shall not be altered to his disadvantage without the previous sanction of the Central Government:

Provided further that any service rendered by any such officer or other employee before the establishment of the Corporation shall be deemed to be service rendered under the Corporation:

Provided also that the Commissioner may employ any such officer or other employee in the discharge of such functions under this Act as the Commissioner may think proper and every such officer or other employee shall discharge those functions accordingly.

(3) As soon as may be after the commencement of this Act, the Central Government shall decide—

(a) which stores, articles and other movable properties referred to in clause (b) of sub-section (2) have been utilized by the New Delhi Municipal Committee for or in connection with the transferred area;

(b) which debts, obligations, liabilities, contracts, matters and things referred to in clause (d) of the said sub-section have been incurred, entered into or engaged to be done by, with or for the New Delhi Municipal Committee for or in connection with the transferred area;

(c) which officer and other employees referred to in clause (i) of that sub-section served under the said Committee in connection with the transferred area.

(4) In case of any dispute in any of the matters referred to in the various clauses of sub-section (2) other than clauses (b), (d) and (i), the dispute may be referred to the Central Government by the Corporation or the New Delhi Municipal Committee and the decision of that Government shall be final.

513. Expenditure in connection with the municipal affairs from the commencement of this Act to the adoption of the budget by the Corporation.

513. Expenditure in connection with the municipal affairs from the commencement of this Act to the adoption of the budget by the Corporation.—(1) Any expenditure incurred during the period between the commencement of this Act and the establishment of the Corporation under any of the provisions of this Act shall be borne by the Central Government and the amount of the expenditure so incurred shall on such establishment be recoverable by that Government out of the Municipal Fund.

(2) If in respect of the period between the establishment of the Corporation and the adoption of the first budget by the Corporation further expenditure from the Municipal Fund becomes necessary over and above the expenditure thereto authorised for that year by the sanctioned budget estimates of the various bodies and local authorities specified in the Second Schedule, the Corporation shall adopt a supplementary statement showing the estimated amount of that expenditure.

(3) Every item of expenditure shown in the supplementary statement as adopted by the Corporation shall be deemed to be expenditure covered by a current budget-grant within the meaning of Section 102.

(4) The supplementary statement shall be prepared, presented and adopted in such manner and shall provide for such matters as may be determined by the Corporation.

514. Limits of New Delhi Municipality.

514. Limits of New Delhi Municipality.—Notwithstanding anything contained in the Punjab Municipal Act, 1911 (Punjab Act 3 of 1911), as applicable to New Delhi Municipality or in any notification issued thereunder, the limits of that Municipality shall be as described in the First Schedule.

514-A. Transitory provision.

[xxx][514-A. Transitory provision.—Notwithstanding anything contained in this Act, the Central Government may, if necessary, appoint a person to be called the Special Officer, to exercise the powers and discharge the functions of the Corporation until the day on which the first meeting of the Corporation is held after the commencement of the Delhi Municipal Corporation (Amendment) Act, 1993.]

515. Power to remove difficulties.

515. Power to remove difficulties.—If any difficulty arises in relation to the transition from the provisions of any of the enactments referred to in Section 516, or in giving effect to the provisions of this Act, the Central Government may, by order as occasion requires, do anything which appears to it to be necessary for the purpose of removing the difficulty:

Provided that no such order shall be made after the expiration of two years from the establishment of the Corporation.

516. Repeal, etc. and savings.

516. Repeal, etc. and savings.—(1) As from the date of the establishment of the Corporation,—

(a) the Delhi Joint Water and Sewage Board Act, 1926 (23 of 1926), and the Delhi Road Transport Authority Act, 1950 (13 of 1950), shall stand repealed; and

(b) the enactments specified in the Thirteenth Schedule shall cease to have effect within Delhi.

(2) Notwithstanding the provisions of sub-section (1) of this section or of clause (a) of sub-section (2) of Section 286,—

(a) any appointment, notification, order, scheme, rule, form, notice or bye-law made or issued, and any licence or permission granted under any of the Acts or enactments referred to in sub-section (1) of this section or under the Act referred to in clause (a) of sub-section (2) of Section 286 and in force immediately before the establishment of the Corporation shall, in so far as it is not inconsistent with the provisions of this Act, continue in force and be deemed to have been made, issued or granted, under the provisions of this Act, unless and until it is superseded by any appointment, notification, order, scheme, rule, form, notice or bye-law made or issued or any licence or permission granted under the said provisions;

(b) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for any of the bodies or local authorities specified in the Second Schedule before such establishment shall be deemed to have been incurred, entered into or engaged to be done by, with or for the Corporation or the municipal authority concerned;

(c) all budget estimates, assessments, valuations, measurements or divisions made by any of the aforesaid bodies or local authorities shall in so far as they are not inconsistent with the provisions of this Act, continue in force and be deemed to have been made under the provisions of this Act unless and until they are superseded by any budget estimate, assessment, valuation, measurement or division made by the corporation or the municipal authority concerned under the said provisions;

(d) all properties, movable and immovable and all interests of whatsoever nature and kind therein, vested in any of the aforesaid bodies and local authorities immediately before such establishment shall, with all rights of whatsoever description, used, enjoyed or possessed by any such body or authority, vest in the Corporation;

(e) all rates, taxes, fees, rents and other sums of money due to any of the aforesaid bodies or local authorities immediately before such establishment shall be deemed to be due to the Corporation;

(f) all rates, taxes, rents, fares and other charges shall, until and unless they are varied by the Corporation continue to be levied at the same rate at which they were being levied by the aforesaid bodies or local authorities immediately before such establishment;

(g) all suits, prosecutions and other legal proceedings instituted or which might have been instituted by or against any of the aforesaid bodies or local authorities may be continued or instituted by or against the Corporation.

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