THE DELHI MUNICIPAL CORPORATION ACT, 1957

1 THE DELHI MUNICIPAL CORPORATION ACT, 1957 (Modified as on 5th December, 2018) _________ ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II THE CORPORATION Constitution of the Corporation 3. Establishment of the Corporation. 3A. Division of Delhi into zones. 4. Duration of the Corporation. Election of councillors and aldermen 5. Delimitation of wards. 5A. [Omitted.]. 6. Power to alter or amend delimitation orders. 7. Elections to the Corporation. 7A. Electoral roll for every ward. 7B. Electoral registration officers. 7C. Assistant electoral registration officers. 7D. Registration of Electors. 7E. Preparation and revision of electoral rolls. 7F. Correction of entries in electoral roll. 7G. Inclusion of names in electoral roll. 7H. Appeal. 7-I. Jurisdiction of civil courts barred. 8. Qualifications for councillorship. 9. Disqualifications for membership of Corporation. 10. Right to vote. 11. General elections of councillors. 12. Filling of casual vacancies in councillorship. 13. [Omitted.]. 14. Publication of result of election. Disputes regarding elections 15. Election petitions. 16. Relief that may be claimed by the petitioner. 17. Grounds for declaring elections to be void. 18. Procedure to be followed by the district judge. 2 SECTIONS 19. Decision of the district judge. 20. Procedure in case of equality of votes. 21. Finality of decisions. Corrupt practices and electoral offences 22. Corrupt practices. 23. Maintenance of secrecy of voting. 24. Officers, etc., at elections not to act for candidates or to influence voting. 25. Prohibition of canvassing in or near polling station and of public meeting on election day. 26. Penalty for disorderly conduct in or near polling station. 27. Penalty for misconduct at the polling station. 28. Breaches of official duty in connection with election. 29. Removal of ballot papers from polling station to be an offence. 30. Other offences and penalties therefor. Power to make rules 31. Power to make rules regulating the election of councillors and aldermen. Councillors and aldermen 32. Oath or affirmation. 32A. Declaration of assets. 32B. Vacation of seats in case of multiple membership. 33. Vacation of seats. 33A. Powers of Election Commission. 33B. Statements made by persons to the Election Commission. 33C. Procedure to be followed by the Election Commission. 33D. Protection of action taken in good faith. 34. Payment of allowances to councillors and aldermen. Mayor and Deputy Mayor 35. Annual election of Mayor and Deputy Mayor. 36. Term of office of the Mayor and Deputy Mayor and facilities and privileges of the Mayor. 37. Discharge of functions of the Mayor by the Deputy Mayor. 38. Resignation of Mayor and Deputy Mayor. Committees of the Corporation 39. Rural Areas Committee and Education Committee. 3 SECTIONS 40. Special and adhoc committies and ward committees, etc. CHAPTER III FUNCTIONS OF THE CORPORATION 41. General powers of the Corporation. 42. Obligatory functions of the Corporation. 43. Discretionary functions of the Corporation. CHAPTER IV MUNICIPAL AUTHORITIES UNDER THE CORPORATION Municipal authorities 44. Enumeration of municipal authorities. The Standing Committeee 45. Constitution of the Standing Committee. 46. Casual vacancies. 47. Chairman and Deputy Chairman of the Standing Committee. 48. Resignation of Chairman and members of the Standing Committee. 49. Functions of the Standing Committee. The Wards Committee 50. Constitution of the Wards Committee. 51. Application of sections 47 and 48. 52. Powers and functions of the Wards Committee. The Commissioner 54. Appointment, etc., of the Commissioner. 55. Salary and allowances of the Commissioner. 56. Leave of absence of Commissioner. 57. Appointment of officiating Commissioner in case of death, resignation or removal of Commissioner. 58. Service regulations of Commissioner. 59. Functions of the Commissioner. 60. [Omitted.]. 61. [Omitted.]. 62. [Omitted.]. 63. [Omitted.]. 64. [Omitted.]. Miscellaneous provisions relating to the various municipal authorities 65. Appointment of sub-committees by the various committees. 66. Commissioner and General Managers not to be interested in any contract, etc., with the Corporation. 67. Vacation of seats by members of committees. 68. Committees to continue in office till new committees are constituted. 4 SECTIONS 69. Power of Corporation to call for extracts of proceedings from the Committees. 70. Power of Corporation to require the Commissioner, etc., to produce documents and furnish returns, reports, etc. 71. Exercise of powers to be subject to sanction. CHAPTER V PROCEDURE Transaction of business by the Corporation 72. Meetings. 73. First meeting of the Corporation after general election. 74. Notice of meetings and business. 75. Quorum. 76. Presiding officer. 77. Presiding officer at meeting for the election of Mayor. 78. Method of deciding questions. 79. Maintenance of order at, and admission of public to, meetings; withdrawal and suspension of councillors and alderman. 80. Councillors or aldermen not to vote on matter in which they are interested. 81. Right to attend meetings of the Corporation and its committees, etc., and right of councillors and aldermen to ask questions in relation to the municipal government of Delhi. 82. Power to make regulations. Transaction of business by Standing and other committees 83. Presiding officers at meetings of the Standing and other committees. 84. Conduct of business at meetings of Standing and other committees. Minutes and reports of proceedings 85. Keeping of minutes and proceedings. 86. Circulation of minutes and inspection of minutes and reports of proceedings. 87. Forwarding minutes and reports of proceedings to the Administrator. Validation 88. Validation of proceedings, etc. CHAPTER VI MUNICIPAL OFFICERS AND OTHER MUNICIPAL EMPLOYEES 89. Appointment of certain officers. 90. Schedule of permanent posts and creation of temporary posts. 91. Restriction on employment of permanent officers and other employees. 92. Power to make appointments. 92A. Recruitment to category B and category C posts. 5 SECTIONS 93. Officers and other employees not to undertake any extraneous work. 94. Officers and other employees not to be interested in any contract, etc., with the Corporation. 95. Punishment for municipal officers and other employees. 96. Consultation with the Union Public Service Commission. 97. Power of Commission to make regulations and reference to the Central Government in case of difference between the Commission and the Corporation. 98. Power of Corporation to make regulations. CHAPTER VII REVENUE AND EXPENDITURE The Municipal Fund 99. Constitution of the Municipal Fund. 100. Municipal Fund to be kept in the State Bank of India. 101. Operation of the Accounts. 102. Payments not to be made unless covered by a budget-grant. 103. Duty of persons signing cheques. 104. Procedure when money not covered by a budget-grant is expended. 105. Application of Municipal Fund. 106. Temporary payments from the Municipal Fund for works urgently required for the public service. 107. Investment of surplus moneys. 107A. Constitution of Finance Commission. Special funds 108. Constitution of special funds. Budget estimates 109. Adoption of budget estimates. 110. Power of Corporation to alter budget estimates. 111. Power of Corporation to re-adjust income and expenditure during the year. 112. Provisions as to unexpended budget-grant. CHAPTER VIII TAXATION Levy of taxes 113. Taxes to be imposed by the Corporation under this Act. Property taxes 114. Components and rates of property tax. 115. Premises in respect of which property taxes are to be levied. 116. Determination of reteable value of lands and buildings assessable to property taxes. 117. [Omitted.]. 6 SECTIONS 118. [Omitted.]. 119. Taxation of Union properties. 120. Incidence of property taxes. 121. Apportionment of liability for property taxes when the premises assessed are let or sub-let. 122. Recovery of property taxes from occupiers. 123. Property taxes a first charge on premises on which they are assessed. 124. Assessment list. 125. Evidential value of assessment list. 126. Amendment of assessment list. 127. Preparation of new assessment list. 128. Notice of transfers. 129. Notice of erection of building, etc. 130. Notice of demolition or removal of building. 131. Power of Commissioner to call for information and returns and to enter and inspect premises. 132. Premises owned by, or let to, two or more persons in severalty to be ordinarily assessed as one property. 133. Assessment in case of amalgamation of premises. 134. Power of Commissioner to assess separately out-houses and portions of buildings. 135. Power of Commissioner to employ valuers. Tax on vehicles and animals 136. Tax on certain vehicles and animals and rates thereof. 137. The tax on whom leviable. 138. Tax when payable. 139. Power of Commissioner to compound with livery stable keeper, etc., for tax. Theatre-tax 140. Theatre-tax. 141. Liability to pay theatre-tax. Tax on advertisements other than advertisements published in the newspapers 142. Tax on advertisements. 143. Prohibition of advertisements without written permission of the Commissioner. 144. Permission of the Commissioner to become void in certain cases. 145. Presumption in case of contravention. 146. Power of Commissioner in case of contravention. Duty on transfer of property 147. Duty on transfer of property and method of assessment thereof. 148. Provisions applicable on the introduction of transfer duty. Tax on buildings payable along with the application for sanction of building plans 149. Tax on building applications. Other taxes 150. Imposition of other taxes. Supplementary taxation 151. Supplementary taxation. 7 Payment and recovery of taxes SECTIONS 152. Time and manner of payment of taxes. 153. Presentation of bill. 154. Notice of demand and notice-fee. 155. Penalty in case of default of payment of taxes. 156. Recovery of tax. 157. Distress. 158. Disposal of distrained property and attachment and sale of immovable property. 159. Recovery from a person about to leave Delhi. 160. Power to institute suit for recovery. 161. Power of seizure of vehicles and animals in case of non-payment of tax thereon. 162. Occupiers may be required to pay rent towards satisfaction of property taxes. Remission and Refund 163. Demolition, etc., of buildings. 164. Remission or refund of tax. 165. Power to require entry in assessment list of details of buildings. 166. Notice to be given of the circumstances in which remission or refund is claimed. 167. What buildings, etc., are to be deemed vacant. 168. Notice to be given of every occupation of vacant land or building. Appeals 169. Appeal against assessment, etc. 170. Conditions of right to appeal. 171. Finality of appellate orders. Miscellaneous provisions relating to taxation 172. Power to inspect for purposes of determining rateable value or tax. 173. Composition. 174. Irrecoverable debts. 175. Obligation to disclose liability. 176. Immaterial error not to affect liability. 177. General power of exemption. Terminal taxes on goods 178. Terminal tax on goods carried by railway or road. 179. Recovery of terminal taxes. 180. Payment by the Central Government to the Corporation and other local authorities. 181. Power of exemption. 182. Powers and liabilities of persons authorised to collect terminal taxes. 8 SECTIONS 183. Power to make rules. Taxes on entertainment and betting 184. Proceeds of entertainment tax. CHAPTER IX BORROWING 185. Power of Corporation to borrow. 186. Time for repayment of money borrowed under section 185. 187. Form and effect of debentures. 188. Payment to survivors of joint payees. 189. Receipt by joint holders for interest or dividend. 190. Maintenance and investment of sinking funds. 191. Application of sinking funds. 192. Annual statement by Commissioner. 193. Power of Corporation to consolidate loans. 194. Priority of payments for interest and repayment of loans over other payments. 195. Attachment of Municipal Fund for recovery of money borrowed from Government. 196. Power to make regulations. CHAPTER X PROPERTY AND CONTRACTS Property 197. Acquisition of property. 198. Acquisition of immovable property by agreement. 199. Procedure when immovable property cannot be acquired by agreement. 200. Disposal of property. Contracts 201. Contracts by the Corporation. 202. Procedure for making contracts. 203. Mode of executing contracts. CHAPTER XI ACCOUNTS AND AUDIT Scrutiny and audit of accounts 204. Accounts to be kept. 205. Scrutiny of accounts by Municipal Chief Auditor and by the Standing Committee. 206. Report by the Municipal Chief Auditor. 207. Special audit at the direction of the Central Government. 9 Powers and duties of the Municipal Chief Auditor SECTIONS 208. Procedure to be followed by the Municipal Chief Auditor. 209. Power of Municipal Chief Auditor to make queries, etc., and call for returns, etc. CHAPTER XII WATER SUPPLY, DRAINAGE AND SEWAGE DISPOSAL General 210. [Omitted.]. 211. [Omitted.]. 212. [Omitted.]. Water Supply 213. [Omitted.]. 214. [Omitted.]. 215. [Omitted.]. 216. [Omitted.]. 217. [Omitted.]. 218. [Omitted.]. 219. [Omitted.]. 220. [Omitted.]. 221. [Omitted.]. 222. [Omitted.]. 223. [Omitted.]. 224. [Omitted.]. 225. [Omitted.]. 226. [Omitted.]. 227. [Omitted.]. 228. [Omitted.]. 229. [Omitted.]. 230. [Omitted.]. 231. [Omitted.]. 232. [Omitted.]. 233. [Omitted.]. 234. [Omitted.]. 235. [Omitted.]. 236. [Omitted.]. 237. [Omitted.]. 238. [Omitted.]. Drainage and Sewage 239. [Omitted.]. 240. [Omitted.]. 241. [Omitted.]. 242. [Omitted.]. 243. [Omitted.]. 10 SECTIONS 244. [Omitted.]. 245. [Omitted.]. 246. [Omitted.]. 247. [Omitted.]. 248. [Omitted.]. 248. [Omitted.]. Disposal of Sewage 250. [Omitted.]. Miscellaneous 251. [Omitted.]. 252. [Omitted.]. 253. [Omitted.]. 254. [Omitted.]. 255. [Omitted.]. 256. [Omitted.]. 257. [Omitted.]. 258. [Omitted.]. 259. [Omitted.]. 260. [Omitted.]. 261. [Omitted.]. 262. [Omitted.]. 263. [Omitted.]. 264. [Omitted.]. 265. [Omitted.]. 266. [Omitted.]. 267. [Omitted.]. 268. [Omitted.]. 269. [Omitted.]. 270. [Omitted.]. 271. [Omitted.]. 272. [Omitted.]. 273. [Omitted.]. CHAPTER XIII ELECTRICITY SUPPLY 274. [Omitted.]. 275. [Omitted.]. 276. [Omitted.]. 278. [Omitted.]. 279. [Omitted.]. 280. [Omitted.]. 281. [Omitted.]. 282. [Omitted.]. 11 SECTIONS 283. [Omitted.]. 284. [Omitted.]. 285. [Omitted.]. 286. [Omitted.]. CHAPTER XIV TRANSPORT SERVICES 287. [Omitted.]. 288. [Omitted.]. 289. [Omitted.]. 290. [Omitted.]. 291. [Omitted.]. 292. [Omitted.]. 293. [Omitted.]. 294. [Omitted.]. 295. [Omitted.]. 296. [Omitted.]. 297. [Omitted.]. CHAPTER XV STREETS Construction, maintenance and improvement of streets 298. Vesting of public streets in the Corporation. 299. Functions of Commissioner in respect of public streets. 300. Disposal of land forming site of public streets permanently closed. 301. Power to make new public streets. 302. Minimum width of new public streets. 303. Power to prohibit use of public streets for certain kind of traffic. 304. Power to acquire lands and buildings for public streets and for public parking places. 305. Defining the regular line of streets. 306. Setting back building to regular line of street. 307. Compulsory setting back of building to regular line of street. 308. Acquisition of open land and land occupied by platforms, etc., within the regular line of street. 309. Acquisition of the remaining part of a building and land after their portions within a regular line of street have been acquired. 310. Setting forward of buildings to the regular line of street. 311. Compensation to be paid in certain cases of setting back or setting forward of buildings, etc. 312. Owner’s obligation when dealing with land as building sites. 313. Lay-out plans. 314. Alteration or demolition of street made in breach of section 313. 315. Power of Commissioner to order work to be carried out or to carry it out himself in default. 316. Right of owners to require streets to be declared public. Encroachments on streets 317. Prohibition of projections upon streets, etc. 12 SECTIONS 318. Projections over streets may be permitted in certain cases. 319. Ground floor doors, etc., not to open outwards on streets. 320. Prohibition of structures or fixtures which cause obstruction in streets. 321. Prohibition of deposit, etc., of things in streets. 322. Power to remove anything deposited or exposed for sale in contravention of this Act. 323. Prohibition of the tethering of animals and milking of cattle. Provision concerning execution of works in or near to streets 324. Precautions during repair of streets. 325. Streets not to be opened or broken up and building materials not to be deposited thereon without permission. 326. Disposal of things removed under this Chapter. Naming and numbering of streets and numbering of buildings 327. Naming and numbering of streets. Repairs or enclosure of dangerous places 328. Commissioner to take steps for repairing or enclosing dangerous places. Lighting of streets 329. Measures for lighting. 330. Prohibition of removal, etc., of lamps. CHAPTER XVI BUILDING REGULATIONS 330A. General superintendence etc., of the Central Government. 331. Definition. 332. Prohibition of building without sanction. 333. Erection of building. 334. Applications for additions to, or repairs of, buildings. 335. Conditions of valid notice. 336. Sanction or refusal of building or work. 337. When building or work may be proceeded with. 338. Sanction accorded under misrepresentation. 339. Buildings at corners of streets. 340. Provisions as to buildings and works on either side of new streets. 341. Period for completion of building or work. 342. Prohibition against use of inflammable materials for building, etc., without permission. 343. Order of demolition and stoppage of buildings and works in certain cases and appeal. 344. Order of stoppage of buildings or works in certain cases. 345. Power of Commissioner to require alteration of work. 345A. Power to seal unauthorised constructions. 346. Completion certificates. 13 SECTIONS 347. Restrictions on user of buildings. 347A. Appellate Tribunal. 347B. Appeals against certain orders or notices issued under the Act. 347C. Procedure of the Appellate Tribunal. 347D. Appeal against orders of Appellate Tribunal. 347E. Bar of jurisdiction of courts. 348. Removal of dangerous buildings. 349. Power to order building to be vacated in certain circumstances. 349A. Power of Central Government to make bye-laws. CHAPTER XVII SANITATION AND PUBLIC HEALTH Conservancy and sanitation 350. Provision for daily cleansing of streets and removal of rubbish and filth. 351. Rubbish, etc., to be the property of the Corporation. 352. Provision or appointment of receptacles, depots and places for rubbish, etc. 353. Duty of owners and occupiers to collect and deposit rubbish, etc. 354. Collection and removal of filth and polluted matter. 355. Collection and removal of filth and polluted matter through municipal agency. 356. Removal of rubbish, etc., accumulated on premises used as factories, workshops, etc. 357. Prohibition against accumulation of rubbish, etc. 358. Commissioner’s power to get premises scavenged and cleansed. 359. Public latrines, urinals, etc. Latrines and urinals 360. Construction of latrines and urinals. 361. Latrines and urinals, etc., in new buildings. 362. Latrines and urinals for labourers, etc. 363. Provision of latrines and urinals for markets, etc. 364. Other provisions as to private latrines. Removal of congested buildings and buildings unfit for human habitation 365. Removal of congested buildings. 366. Power of Commissioner to require improvement of buildings unfit for human habitation. 367. Enforcement of notice requiring execution of works of improvement. 368. Power of Commissioner to order demolition of buildings unfit for human habitation. 369. Insanitary huts and sheds. Regulation of washing by washermen 370. Prohibition against washing by washermen. 14 Prevention of dangerous diseases SECTIONS 371. Obligation to give information of dangerous disease. 372. Removal to hospital of patients suffering from dangerous disease. 373. Disinfection of buildings and articles. 374. Destruction of infectious huts or sheds. 375. Means of disinfection. 376. Special measures in case of outbreak of dangerous or epidemic diseases. 377. Infected clothes not to be sent to washerman or to laundry. 378. Contamination and disinfection of public conveyance. 379. Driver of conveyance not bound to carry persons suffering from dangerous disease. 380. Disinfection of buildings before letting the same. 381. Disposal of infected articles without disinfection. 382. Prohibition of making or selling of food, etc., or washing of clothes by infected persons. 383. Power to restrict or prohibit sale of food or drink. 384. Control over wells and tanks, etc. 385. Duty of persons suffering from dangerous disease. 386. Disposal of infectious corpses where any person has died from any dangerous disease. Special conditions regarding essential services 387. Conditions of service of sweepers and certain other class of persons employed in municipal service. 388. Conditions of service of sweepers employed for doing house scavenging Burning and burial grounds 389. Power to call for information regarding burning and burial grounds. 390. Permission for use of new burning or burial ground. 391. Power to require closing of burning and burial grounds. 392. Removal of corpses. Disposal of dead animals 393. Disposal of dead animals. CHAPTER XVIII VITAL STATISTICS 394. Appointment of Chief Registrar and registrars. 395. Duties of registrar. 396. Information of births and deaths. CHAPTER XIX PUBLIC SAFETY AND SUPPRESSION OF NUISANCES Nuisances 397. Prohibition of nuisances. 398. Power of Commissioner to require removal or abetment of nuisance. 15 Dogs SECTIONS 399. Registration and control of dogs. Prevention of fire, etc. 400. Stacking or collecting inflammable materials. 401. Care of naked lights. 402. Discharging fireworks, fire-arms, etc. 403. Power to require buildings, wells, etc., to be rendered safe. 404. Enclosure of waste land used for improper purposes. CHAPTER XX MARKETS, SLAUGHTER HOUSES, TRADE AND OCCUPATIONS Maintenance and regulation of markets and slaughter houses 405. Provisions of municipal markets and slaughter houses. 406. Use of municipal markets. 407. Private markets and slaughter houses. 408. Conditions of grant of licence for private market. 409. Prohibition of keeping market open without licence, etc. 410. Prohibition of use of un licenced markets. 411. Prohibition of business and trade near a market. 412. Levy of stallages, rents and fees. 413. Stallages, rents, etc., to be published. 414. Power to expel lepers and disturbers, etc. from markets. 415. Butcher’s, fish-monger’s and poulter’s licence Trades and Occupations 416. Factory, etc., not to be established without permission of the Commissioner. 417. Premises not to be used for certain purposes without licence. 418. Seizure of certain animals. 419. Power of Commissioner to prevent use of premises in particular areas for purposes referred to in section 417. 420. Licences for hawking articles, etc. 421. Eating houses, etc., not to be used without licence from the Commissioner. 422. Licensing and control of theatres, circuses and places of public amusement. 423. Power of Commissioner to stop use of premises used in contravention of licences. Inspection of places of sales, etc. 424. Power of Commissioner to inspect places where unlawful slaughter of animals, etc., is suspected. CHAPTER XXI IMPROVEMENT 425. Improvement scheme. 426. Matters to be provided for in an improvement scheme. 16 SECTIONS 427. Submission of improvement scheme to the Corporation for approval and to the Central Government for sanction. 428. Rehousing scheme. 429. Improvement scheme and rehousing scheme to comply with the master plan and zonal development plan. CHAPTER XXII POWERS, PROCEDURE, OFFENCES AND PENALTIES Licences and written permissions 430. Signature, conditions, duration, suspension, revocation, etc., of licences and written permissions. Entry and inspection 431. Powers of entry and inspection. 432. Power to enter land adjoining land in relation to any work. 433. Breaking into buildings. 434. Time of making entry. 435. Consent ordinarily to be obtained. 436. Regard to be had to social or religious usages. 437. Prohibition of obstruction or molestation in execution of work. Public notices and advertisements 438. Public notices how to be made known. 439. Newspaper in which advertisements or notices to be published. Evidence 440. Proof of consent etc., of Commissioner, General Managers, etc. Notices, etc. 441. Notices, etc., to fix reasonable time. 442. Signature on notices, etc., may be stamped. 443. Notices, etc., by whom to be served or issued. 444. Service of notices, etc. 445. Service of bills for tax or notice of demand by ordinary post. 446. Powers in case of non-compliance with notice, etc. Recovery of expenses 447. Liability of occupier to pay in default of owner. 448. Execution of work by occupier in default of owner and deduction of expenses from rent. 449. Relief to agents and trustees. Payment of compensation 450. General power to pay compensation. 451. Compensation to be paid by offenders for damage caused by them. Recovery of expenses or compensation in case of dispute 452. Reference to the court of the district judge in certain cases. 453. Application to the Court of the district judge in other cases. 17 SECTIONS 454. Power to sue for expenses or compensation. Recovery of certain dues 455. Mode of recovery of certain dues. Obstruction of owner by occupier 456. Right of owner to apply to the court of the district judge in case of obstruction by occupier. Proceedings before the court of the district judge 457. General powers and procedure of the court of the district judge. 458. Fees in proceedings before the court of the district judge. 459. Repayment of half fees on settlement before hearing. 460. Power of the court of the district judge to delegate certain powers and to make rules. Offences and penalties 461. Punishment for certain offences. 462. Punishment for acquiring share or interest in contract, etc., with the Corporation. 463. Punishment for offences relating to terminal tax. 464. Penalty for evasion of terminal taxes. 465. General penalty. 466. Offences by companies. 466A. Certain offences to be cognizable. 467. Prosecutions. 468. Composition of offences. Magistrates and proceedings before magistrates 469. Municipal magistrates. 470. Cognizance of offences. 471. Limitation of time for prosecution. 472. Power of magistrate to hear cases in absence of accused when summoned to appear. 473. Complaints concerning nuisances and procedure therefor. Powers and duties of police officers 474. Arrest of offenders. 475. Duties of police officers. Legal proceedings 476. Power to institute, etc., legal proceedings and obtain legal advice. 477. Protection of action of the Corporation, etc. 478. Notice to be given of suits. CHAPTER XXIII RULES, REGULATIONS AND BYE-LAWS 479. Supplemental provisions respecting rules. 480. Supplemental provisions respecting regulations. 18 SECTIONS 481. Power to make bye-laws. 481A. Regulations and bye-laws to be laid before Parliament. 482. Penalty for breaches of bye-laws. 483. Supplemental provisions respecting bye-laws. 484. Bye-laws to be available for inspection and purchase. CHAPTER XXIV CONTROL 485. Power of Central Government to require production of documents. 486. Inspection. 487. Directions by Central Government. 488. Power to provide for enforcement of direction under section 487. 489. Power of Central Government to give directions in relation to primary schools, etc. 490. Dissolution of the Corporation. CHAPTER XXV MISCELLANEOUS 490A. Delegation of power by the Central Government. 491. Power to delegate functions of Commissioner. 492. Validity of notices and other documents. 493. Admissibility of document or entry as evidence. 494. Evidence of Municipal officer or employee. 495. Prohibition against obstruction of Mayor or any municipal authority, etc. 496. Prohibition against removal of mark. 497. Prohibition against removal or obliteration of notice. 498. Prohibition against unauthorised dealings with public place or materials. 499. Liability of Commissioner, etc., for loss, waste or mis-application of Municipal Fund or property. 500. Councillors and municipal officers and employees to be public servants. 501. Annual administration report. 502. Other laws not to be disregarded. 503. Exemption of diplomatic or consular missions from payment of tax etc. 504. Construction of references. 505. [Repealed.]. 506. [Repealed.]. 507. Special provisions as to rural areas. 508. Special provisions as to Red Fort area. 508A. Corporation to undertake work on agency basis. CHAPTER XXVI SUPPLEMENTAL AND TRANSITIONAL PROVISIONS 509. [Repealed.]. 510. Provisions relating to existing local authorities in Delhi till the establishment of the Corporation. 511. Provisions as to employees of bodies and local authorities whose functions are taken over by the Corporation. 19 SECTIONS 511A. Temporary provision with respect to electricity, water, sewage, etc. 511B. Special provision as to transferred functions. 512. Special provisions as to the area transferred from New Delhi to Delhi. 513. Expenditure in connection with the Municipal Affairs from the commencement of this Act to the adoption of the budget by the Corporation. 514. Limits of New Delhi Municipality. 514A. Transitory provision. 515. Power to remove difficulties. 516. Repeal, etc., and savings. THE FIRST SCHEDULE. THE SECOND SCHEDULE. THE THIRD SCHEDULE. THE FOURTH SCHEDULE. THE FIFTH SCHEDULE. THE SIXTH SCHEDULE. THE SEVENTH SCHEDULE. THE EIGHTH SCHEDULE. THE NINTH SCHEDULE. THE TENTH SCHEDULE. THE ELEVENTH SCHEDULE. THE TWELFTH SCHEDULE. THE THIRTEENTH SCHEDULE. THE FOURTEENTH SCHEDULE. 20 THE DELHI MUNICIPAL CORPORATION ACT, 1957 ACT NO. 66 OF 1957 [28th December, 1957.] An Act to consolidate and amend the law relating to the Municipal Government of Delhi. BE it enacted by Parliament in the Eighth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY 1. Short title, extent and commencement.—(1) This Act may be called the Delhi Municipal Corporation Act, 1957. (2) Except as otherwise provided in this Act, it extends only to Delhi. (3) The provisions of this Act, except this section which shall come into force at once, shall come into force on such date 1 as the Central Government may, by notification in the Official Gazette, appoints: Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. 2. Definitions.—In this Act, unless the context otherwise requires,— 2 [(1) “Administrator” means the Lieutenant Governor of the National Capital Territory of Delhi;] 3 [(1A) “Appellate Tribunal” means an Appellate Tribunal constituted under section 347A;] (2) “budget-grant” means the total sum entered on the expenditure side of a budget estimate under a major head and adopted by the Corporation and includes any sum by which such budget-grant may be increased or reduced by transfer from or to other heads in accordance with the provisions of this Act and the regulations made thereunder; (3) “building” means a house, out-house, stable, latrine, urinal, shed, hut, wall (other than a boundary wall) or any other structure, whether of masonry, bricks, wood, mud, metal or other material but does not include any portable shelter; (4) “bye-law” means a bye-law made under this Act, by notification in the Official Gazette; (5) “casual vacancy” means a vacancy occurring otherwise than by efflux of time in the office of a councillor an alderman or in any other elective office; (6) “Commissioner” means the Commissioner of the Corporation; (7) “Corporation” means the Municipal Corporation of Delhi established under this Act; (8) “corrupt practice” means any of the practices specified in section 22; (9) “dangerous disease” means— (a) cholera, plague, chicken-pox, small-pox, tuberculosis, leprosy, enteric fever, crebrospinal meningitis and diphtheria; and 1. 2nd January, 1958, vide notification No. F. 20/3/58/SR (R), dated 31st December, 1957, in respect of S. 2, Chap. II, ss. 54, 55, 56, 57, 58, 59, 89 and 97, Chap. XXIII, ss. 485, 487, 488, 491, 500, 509, 513 and 515, see Gazette of India, Extraordinary, Part IV. 15th February, 1958, vide notification No. F. 20/3/58/SR (R), dated 11th February, 1958, in respect of S. 510, see Gazette of India, Extraordinary, Part IV. 7th April, 1958, vide notification No. F. 20/3/58/SR (R), dated 5th April, 1958, in respect of All the provisions of the Act (other than those which have already been brought into force), see Gazette of India, Extraordinary, Part IV. 2. Subs. by Act 67 of 1993, s. 2, for clause (1) (w.e.f. 1-10-1993). 3. Ins. by Act 42 of 1984, s. 2 (w.e.f. 10-2-1986). 21 (b) any other epidemic, endemic or infectious disease which the Commissioner may, by notification in the Official Gazette, declare to be a dangerous disease for the purposes of this Act; (10) “Delhi” means the entire area of the Union territory of Delhi except New Delhi and Delhi Cantonment; (11) “Delhi Cantonment” means the area for the time being within the local limits of the Delhi Cantonment Board; 1 * * * * * 2 * * * * * 3 * * * * * 4 * * * * * (15) “drain” includes a sewer, a house drain, a drain of any other description, a tunnel, a culvert, a ditch, a channel and any other device for carrying off sewage, offensive matter, polluted water, waste water, rain water or sub-soil water; 5 [(15A) “Election Commission” means the Election Commission of the National Capital Territory of Delhi referred to in section 7. (15B) “Election Commissioner” means the Election Commissioner of the National Capital Territory of Delhi appointed by the Administrator under section 7;] (16) “entertainment” includes any exhibition, performance, amusement, game or sport to which persons are ordinarily admitted on payment; (17) “factory” means a factory as defined in the Factories Act, 1948 (63 of 1948); (18) “filth” includes offensive matter and sewage; 6 * * * * * 7 * * * * * (21) “goods” includes animals; 8 [(21A) “Government” means the Government of the National Capital Territory of Delhi;] (22) “house-gully” or “service passage” means a passage or strip of land constructed, set apart or utilised for the purpose of serving as or carrying a drain or affording access to a latrine, urinal, cesspool or other receptacle for filth or other polluted matter, by municipal employees or other persons employed in the cleansing thereof or in the removal of such matter therefrom; (23) “hut” means any building which is constructed principally of wood, bamboo, mud, leaves, grass, cloth or thatch and includes any structure of whatever material made which the Corporation may declare to be a hut for the purposes of this Act; (24) “land” includes benefits to arise out of land, things attached to the earth or permanently fastened to anything attached to the earth and rights created by law over any street; (25) “licensed architect”, “licensed draughtsman”, “licensed engineer”, “licensed plumber”, “licensed surveyor” and “licensed town planner” mean respectively a person licensed under the provisions of this Act as an architect, draughtsman, engineer, plumber, surveyor and town planner; 1. Omitted by Act 67 of 1993, s. 2 (w.e.f. 1-10-1993). 2. Omitted by Act 71 of 1971, s. 7(b) and the Second Schedule (w.e.f. 3-11-1971). 3. Omitted by Act 67 of 1993, s. 2 (w.e.f. 1-10-1993). 4. Omitted by s. 2, ibid. (w.e.f. 1-10-1993) 5. Ins. by s. 2, ibid. (w.e.f. 1-10-1993). 6. Omitted by s. 2, ibid. (w.e.f. 1-10-1993). 7. Omitted by Act 71 of 1971, s. 7(b) and the Second Schedule (w.e.f. 3-11-1971). 8. Ins. by Act 67 of 1993, s. 2 (w.e.f. 1-10-1993). 22 (26) “market” includes any place where persons assemble for the sale of, or for the purpose of exposing for sale, meat, fish, fruits, vegetables, animals intended for human food or any other articles of human food whatsoever, with or without the consent of the owner of such place notwithstanding that there may be no common regulation for the concourse of buyers and sellers and whether or not any control is exercised over the business of, or the persons frequenting, the market by the owner of the place or by any other person; (27) “member” in relation to the Corporation means a councillor 1 ***; (28) “municipal authority” means any of the municipal authorities specified in section 44; (29) “municipal market” means a market vested in or managed by the Corporation; (30) “municipal slaughter house” means a slaughter house vested in or managed by the Corporation; 2 * * * * * (32) “New Delhi” means the area within the boundaries described in the First Schedule; (33) “nuisance” includes any act, omission, place, animal or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell, or hearing or disturbance to rest or sleep, or which is or may be dangerous to life or injurious to health or property; (34) “occupier” includes— (a) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the tent of the land or building in respect of which such rent is paid or is payable; (b) an owner in occupation of, or otherwise using his land or building; (c) a rent free tenant of any land or building; (d) a licensee in occupation of any land or building; and (e) any person who is liable to pay to the owner damages for the use and occupation of any land or building; (35) “offensive matter” includes animal carcases, kitchen or stable refuse, dung, dirt and putrid or putrefying substances other than sewage; (36) “Official Gazette” means the Official Gazette of the Union Territory of Delhi; (37) “owner” includes a person who for the time being is receiving or is entitled to receive, the rent of any land or building whether on his own account or on account of himself and others or as an agent, trustee, guardian or receiver for any other person or who should so receive the rent or be entitled to receive it if the land or building or part thereof were let to a tenant and also includes— (a) the custodian of evacuee property in respect of evacuee property vested in him under the Administration of Evacuee Property Act 1950 (31 of 1950); and (b) the estate officer to the Government of India, the Secretary of the Delhi Development Authority, constituted under the Delhi Development Act, 1957 (61 of 1957); the General Manager of a railway and the head of a Government department, in respect of properties under their respective control; 1. The words “or an alderman thereof” omitted by Act 67 of 1993, s. 2 (w.e.f. 1-10-1993). 2. Omitted by s. 2, ibid. (w.e.f. 1-10-1993). 23 (38) “premises” means any land or building or part of a building and includes— (a) the garden, ground and out-houses, if any, appertaining to a building or part of a building; and (b) any fittings affixed to a building or part of a building for the more beneficial enjoyment thereof; (39) “private street” means any street, which is not a public street and includes any passage securing access to two or more places belonging to the same or different owners; (40) “private market” means a market which is not a municipal market; (41) “private slaughter house” means a slaughter house which is not a municipal slaughter house; (42) “public place” means any place which is open to the use and enjoyment of the public, whether it is actually used or enjoyed by the public or not; (43) “public securities” means any securities of the Central Government or a State Government or any securities guaranteed by the Central Government or a State Government or any securities issued under this Act or any debentures issued by the Bombay, Calcutta or Madras Municipal Corporation; (44) “public street” means any street which vests in the Corporation as a public street or the soil below the surface of which vest in the Corporation or which under the provisions of this Act becomes, or is declared to be, a public street; (45) “railway administration” has the meaning assigned to it in the Indian Railway Act, 1890, (9 of 1890); (46) “rate layer” means a person liable to pay any rate, tax, cess or licence fee under this Act; (47) “rateable value” means the value of any land or building fixed in accordance with the provisions of this Act and the bye-laws made thereunder for the purpose of assessment to property taxes; (48) “regulation” means a regulation made 1 [by the Corporation] under this Act, by notification in the Official Gazette; (49) “reside”— (a) a person shall be deemed to “reside” in any dwelling house which or some portion of which he sometimes, although not uninterruptedly, uses as a sleeping apartment, and (b) a person shall not be deemed to cease to “reside” in any such dwelling house merely because he is absent from it or has elsewhere another dwelling house in which he resides, if there is the liberty of returning to it at any time and no abandonment of the intention of returning to it; (50) “rubbish” includes ashes, broken bricks, broken glass, dust, malba, mortar and refuse of any kind which is not filth; (51) “rule” means a rule made by the Central Government under this Act, by notification in the Official Gazette; (52) “rural areas” means the areas of Delhi which immediately before the establishment of the Corporation are situated within the local limits of the District Board of Delhi established under the Punjab District Boards Act, 1883, (Punjab Act XX of 1883), but shall not include such portion thereof as may, by virtue of a notification under section 507, cease to be included in the rural areas as herein defined; 1. Ins. by Act 42 of 1961, s. 2 (w.e.f. 12-9-1961). 24 (53) “Scheduled Caste” means any of the Scheduled Castes specified in Part I of the Scheduled to the Constitution (Scheduled Castes) (Union Territories) Order, 1951; (54) “sewage” means night-soil and other contents of latrines, urinals, cesspools or drains, and polluted water from sinks, bathrooms, stables, cattle sheds and other like places, and includes trade effluents and discharges from manufactories of all kinds; (55) “shed” means a slight or temporary structure for shade or shelter; (56) “slaughter house” means any place ordinarily used for the slaughter of animals for the purpose of selling the flesh thereof for human consumption; (57) “street” includes any way, road, lane, square, court, alley, gully, passage, whether a thoroughfare or not and whether built upon or not, over which the public have a right of way and also the roadways or footway over any bridge or causeway; (58) “trade effluent” means any liquid either with or without particles of matter in suspension therein, which is wholly or in part produced in the course of any trade or industry carried on at trade premises, and in relation to any trade premises means any such liquid as aforesaid which is so produced in the course of any trade or industry carried on at those premises, but does not include domestic sewage; (59) “trade premises” means any premises used or intended to be used for carrying on any trade or industry; (60) “trade refuse” means the refuse of any trade or industry; (61) “urban areas” means the areas of Delhi which are not rural areas; (62) “vehicle” includes a carriage, cart, van, dray, truck, hand-cart, bicycle, tricycle, cycle- rickshaw, auto-rickshaw, motor vehicle and every wheeled conveyance which is used or is capable of being used on a street; (63) “ward” means a municipal ward provided by order made under section 5 for the purpose of election of councillors; 1 [(63A) “Wards Committee” means the Wards Committee referred to in section 50;] (64) “water course” includes any river, stream or channel whether natural or artificial; 2 * * * * * (66) “workshop” means any premises (including the precincts thereof) other than a factory, wherein any industrial process is carried on; (67) “year” means a year commencing on the 1st day of April; 1 [(68) “Zone” means a Zone referred to in section 3A.] 1. Ins. by Act 67 of 1993, s. 2 (w.e.f. 1-10-1993). 2. Omitted by s. 2, ibid. (w.e.f. 1-10-1993). 25 CHAPTER II THE CORPORATION Constitution of the Corporation 3. Establishment of the Corporation.—(1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be a Corporation charged with the Municipal Government of Delhi, to be known as the Municipal Corporation of Delhi. (2) The Corporation shall be a body corporate with the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and may by the said name sue and be sued. 1 [(3) (a) The Corporation shall be composed of the councillors; (b) the following persons shall be represented in the Corporation, namely:— (i) ten persons, who are not less than 25 years of age and who have special knowledge or experience in municipal administration, to be nominated by the Administrator: Provided that the persons nominated under this sub-clause shall not have the right to vote in the meetings of the Corporation; (ii) members of the House of the People representing constituencies which comprise wholly or partly the area of the Corporation and the members of the Council of States registered as electors within the area of the Corporation; (iii) as nearly as possible one-fifth of the members of the Legislative Assembly of the National Capital Territory of Delhi representing constituencies which comprise wholly or partly the area of the Corporation to be nominated by the Speaker of that Legislative Assembly, by rotation every year: Provided that while nominating such members by rotation the Speaker shall ensure that as far as possible all the members are given an opportunity of being represented in the Corporation at least once during the duration of the Corporation; (iv) the Chairpersons of the Committees, if any, Constituted under sections 39, 40 and 45, if they are not councillors.] (4) Councillors shall be chosen by direct election on the basis of adult suffrage from various wards into which Delhi shall be divided in accordance with the provisions of this Act; 2 ***. (5) The total number of councillors shall at the establishment of the Corporation be eighty : Provided that twelve out of the eighty seats of councillors shall be reserved for the members of the Scheduled Castes. 3 [(6) Upon the completion of each census after the establishment of the Corporation the number of seats shall be on the basis of the population of Delhi as ascertained at that census and shall be determined by the Central Government by notification in the Official Gazette and the number of seats to be reserved for the members of the Scheduled Castes shall, as nearly as may be, bear the same ratio to the total number of seats as the population of Scheduled Castes bears to the total population of Delhi: Provided that the total number of seats shall in no case be more than one hundred and thirty-four or less than eighty: Provided further that the determination of seats as aforesaid shall not affect the then composition of the Corporation until the expiry of the duration of the Corporation: Provided also that for the first election to the Corporation to be held immediately after the commencement of the Delhi Municipal Corporation (Amendment) Act, 1993 the provisional population figures of Delhi as published in relation to 1991 census shall be deemed to be the population of Delhi as ascertained in that census: 1. Subs. by Act 67 of 1993, s. 3, for sub-section (3) (w.e.f. 1-10-1993). 2. Certain words omitted by s. 3, ibid. (w.e.f. 1-10-1993). 3. Subs. by s. 3, ibid., for sub-section (6) (w.e.f. 1-10-1993). 26 Provided also that the seats reserved for the Scheduled Castes may be allotted by rotation to different wards in such manner as the Central Government may, by order published in the Official Gazette, direct.] 1 [(7) Seats shall be reserved for women belonging to the Scheduled Castes, from among the seats reserved for the Scheduled Castes, the number of such seats being determined by the Central Government by order published in the Official Gazette which shall not be less than one-third of the total number of seats reserved for the Scheduled Castes.] 2 [(8) Seats shall be reserved for women, the number of such seats being determined by order published in Official Gazette by the Central Government which shall not be less than the one-third of total number of seats other than those reserved for the Scheduled Castes: Provided that such seats reserved for women shall be allotted by rotation to different wards in such manner as the Central Government may, by order published in the Official Gazette, direct in this behalf.] 3 [3A. Division of Delhi into zones.—(1) Delhi shall be divided into the number of zones specified in column (1) of the Fourteenth Schedule and each zone shall be known by the name specified in column 2 of that Schedule and each zone shall extend to the areas comprised in the wards specified against that zone in column 3 of the said Schedule. (2) The Central Government may, after consultation with the Government, from time to time, by notification in the Official Gazette, alter the names, increase or diminish the area or any zone specified in column (3) of the Fourteenth Schedule.] 4 [4. Duration of the Corporation.—(1) The Corporation, unless sooner dissolved under section 490, shall continue for five years from the date appointed for its first meeting and no longer: (2) An election to constitute the Corporation shall be completed— (i) before the expiry of its duration specified in sub-section (1); (ii) before the expiration of a period of six months from the date of its dissolution : Provided that where the remainder of the period for which the dissolved Corporation would have continued is less than six months, it shall not be necessary to hold any election under this sub-section for constituting the Corporation for such period.] Election of councillors and alderman 5 [5. Delimitation of wards.— 6 [(1) For the purposes of election of councillors, Delhi shall be divided into single-Member wards in such manner that the population of each of the wards shall, so for as practicable, be the same throughout Delhi.] (2) The Central Government shall, by order in the Official Gazette, determine,— (a) the number of wards; (b) the extent of each ward; 7 *** (c) the wards in which seats shall be reserved for the Scheduled Castes;] 8 [(d) The wards in which seats shall be reserved for women; and (e) The manner in which seats shall be rotated under sub-sections (6) and (8) of section 3.] 5A. [Special provision as to delimitation, etc.].—Omitted by the Delhi Municipal Corporation Amendment Act 1993 (67 of 1993), s. 7 (w.e.f. 1-10-1993). 1. Subs. by Act 67 of 1993, s. 3, for sub-section (7) (w.e.f 1-10-1993). 2. Ins. by s. 3, ibid. (w.e.f. 1-10-1993). 3. Ins. by s. 4, ibid. (w.e.f. 1-10-1993). 4. Subs. by s. 5, ibid. for section 4 (w.e.f. 1-10-1993). 5. Subs. by Act 42 of 1961, s. 3, for section 5 (w.e.f. 12-9-1961). 6. Subs. by Act 55 of 1974, s. 4, for sub-section (1) (w.e.f. 10-1-1975). 7. The word “and” omitted by Act 67 of 1993, s. 6 (w.e.f. 1-10-1993). 8. Ins. by s. 6, ibid. (w.e.f. 1-10-1993). 27 6. Power to alter or amend delimitation orders.—The Corporation, with the previous approval of the Central Government may, from time to time by order in the Official Gazette, alter or amend any order made under section 5. 1 [ 2 [7. Elections to the Corporation.—(1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Corporation shall be vested in the Election Commission of the National Capital Territory of Delhi consisting of an Election Commissioner to be appointed by the Administrator. (2) Subject to the provisions of any law made by the Legislative Assembly of the National Capital Territory of Delhi, the conditions of service and tenure of office of the Election Commissioner shall be such as the Administrator may by rules determine: Provided that the Election Commissioner shall not be removed from office except in a like manner and on the like grounds as a Judge of a High Court and the conditions of service of the Election Commissioner shall not be varied to his disadvantage after his appointment. (3) The Administrator shall, when so requested by the Election Commission make available to that Commission such staff which the Administrator considers necessary for discharge of the functions conferred on the Election Commission by sub-section (1).] 7A. Electoral roll for every ward.—For every ward there shall be an electoral roll which shall be prepared in accordance with the provisions of this Act and the rules made thereunder.] 7B. Electoral registration officers.—(1) The electoral roll for each ward shall be prepared and revised by an electoral registration officer who shall be such officer of Government or the Corporation as 3 [the Election Commission may, in consultation with the Government,] designate or nominate in this behalf. (2) To assist the electoral registration officer in the discharge of his functions under sub-section (1) the 4 [Election Commission may employ such persons as it thinks fit]. 7C. Assistant electoral registration officers.—(1) 5 [The Election Commission] may appoint one or more persons as assistant electoral registration officers to assist any electoral registration officer in the performance of his functions. (2) Every assistant electoral registration officer shall, subject to the control of the electoral registration officer, be competent to perform all or any of the functions of the electoral registration officer. 7D. Registration of Electors.—The persons entitled to be registered as electors in the electoral roll of 6 [an assembly constituency] in Delhi as relates to the area comprised within a ward shall be entitled to be so registered in the electoral roll of that ward and the provisions in this behalf in the Representation of the People Act, 1950 (43 of 1950) shall apply to the registration of electors in the electoral roll of a ward as they apply to the registration of electors in the electoral roll of 6 [an assembly constituency]. Explanation—In this section, in sub-section (1) of section 7E and in clause (ag) of sub-section (1) of section 31, the expression 6 [an assembly constituency] has the meaning assigned to it under the Representation of the People Act, 1950 (43 of 1950). 7E. Preparation and revision of electoral rolls.—(1) The electoral roll for each ward shall be prepared before each general election in such manner as may be prescribed by rules by reference to the qualifying date and shall come into force immediately upon its final publication in accordance with the rules made for the purpose: 1. Subs. by Act 55 of 1974, s. 5, for section 7 (w.e.f. 10-1-1975). 2. Subs. by Act 67 of 1993, s. 8, for section 7 (w.e.f. 1-10-1993). 3. Subs. by s. 9, ibid. for “Central Government may” (w.e.f. 1-10-1993). 4. Subs. by s. 9, ibid, for “Director of Municipal Elections may employ such persons as he thinks fit” (w.e.f. 1-10-1993). 5. Subs. by s. 10, ibid. for “The Central Government” (w.e.f. 1-10-1993) 6. Subs. by s. 11, ibid. for “a parliamentary constituency” (w.e.f. 1-10-1993). 28 Provided that if the 1 [Election Commission] is satisfied that, instead of preparing a fresh electoral roll of a ward before a general election, it would be sufficient to adopt the electoral roll of 2 [the assembly constituency] for the time being in force as relates to the ward, it may, by order, for reasons to be specified therein, direct that the electoral roll of 2 [the assembly constituency] for the time being in force as relates to the ward shall, subject to any rules made for the purpose, be the electoral roll of the ward for the general election. (2) The electoral roll prepared or adopted, as the case may be, under subsection (1) shall— (a) unless otherwise directed by the 1 [Election Commission], for reasons to be recorded in writing, be revised in the manner prescribed by rules by reference to the qualifying date before each bye-election to fill a casual vacancy in a seat allotted to the ward; and (b) be revised in any year in the manner prescribed by rules by reference to the qualifying date if such revision has been directed by the 1 [Election Commission]: Provided that if the electoral roll is not revised as aforesaid, the validity or continued operation of the said electoral roll shall not thereby be affected. (3) Notwithstanding anything contained in sub-section (2), the 1 [Election Commission] may, at any time, for reasons to be recorded in writing, direct a special revision of the electoral roll for any ward or part of a ward in such manner as it may think fit: Provided that the electoral roll for the ward as in force at the time of the issue of any such direction shall continue to be in force until the completion of the special revision so directed. Explanation:—In this section, the expression “qualifying date” means such date as the 1 [Election Commission] may, by order, specify in this behalf. 7F. Correction of entries in electoral roll.—If the electoral registration officer, on an application made to him or on his own motion, is satisfied after such inquiry as he thinks fit, that any entry in the electoral roll for any ward— (a) is erroneous or defective in any particular; or (b) should be transposed to another place in the roll on the ground that the person concerned has changed his place of ordinary residence within such ward; or (c) should be deleted on the ground that the person concerned is dead or has ceased to be ordinarily resident within such ward or is otherwise not entitled to be registered in that the electoral registration officer shall, subject to such general or special directions, if any, as may be given by the 3 [Election Commission] in this behalf, amend, transpose or delete the entry: Provided that before taking any action on the ground specified in clause (a) or clause (b) or any action under clause (c) on the ground that the person concerned has ceased to be ordinarily resident within such ward or that he is otherwise not entitled to be registered in the electoral roll of such ward, the electoral registration officer shall give the person concerned a reasonable opportunity of being heard in respect of the action proposed to be taken in relation to him. 7G. Inclusion of names in electoral roll.—(1) Any person whose name is not included in the electoral roll of a ward may apply to the electoral registration officer for the inclusion of his name in that roll. (2) The electoral registration officer shall, if satisfied that the applicant is entitled to be registered in the electoral roll, direct his name to be included therein: Provided that if the applicant is registered in the electoral roll of any other ward, the electoral registration officer shall inform the electoral registration officer of that other ward and that Officer shall, on receipt of the information, strike off the applicant’s name from that roll. 1. Subs. by Act 67 of 1993, s. 12, for “Central Government” (w.e.f. 1-10-1993). 2. Subs. by s. 12, ibid. for “a parliamentary constituency” (w.e.f. 1-10-1993). 3. Subs. by s. 13, ibid. for “Director of Municipal Elections” (w.e.f. 1-10-1993). 29 (3) No amendment, transposition or deletion of any entry shall be made under section 7F and no direction for the inclusion of a name in the electoral roll of a ward shall be given under this section after the last date for making nominations for an election in that ward and before the completion of that election. 7H. Appeal.—An appeal shall lie within such time and in such manner as may be prescribed by rules to the 1 [Election Commission] from any order of the electoral registration officer under section 7F or section 7G. 7 I. Jurisdiction of civil courts barred.—No civil court shall have jurisdiction— (a) to entertain or adjudicate upon any question whether any person is or is not entitled to be registered in an electoral roll for a ward; or (b) to question the legality of any action taken by or under the authority of an electoral registration officer or of any decision given by the 2 [Election Commission].] 8. Qualifications for councillorship.—A person shall not be qualified to be chosen as a councillor 3 [unless he has attained the age of twenty-one years and his name] is registered as an elector in the electoral roll for a ward: Provided that in the case of a seat reserved for the Scheduled Castes, a person shall not be so qualified unless he is also a member of any of the said castes: 4 [Provided further that in the case of a seat reserved for woman, no person other than a woman shall be qualified to be chosen as a councillor.] 9. Disqualifications for membership of Corporation.—(1) A person shall be disqualified for being chosen as, and for being, a councillor, 5 [***]— (a) if he is of unsound mind and stands so declared by a competent court; (b) if he is an undischarged insolvent; (c) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State; 6 [(d) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislative Assembly of the National Capital Territory of Delhi; (e) if he is so disqualified by or under any law made by the Legislative Assembly of the National Capital Territory of Delhi;] (f) if he holds any office of profit under the Corporation; (g) if he holds any office of profit under the Government 7 [or Central Government]; (h) if he is a licensed architect, draughtsman, engineer, plumber, surveyor or town planner or is a partner of a firm of which any such licensed person is also a partner; (i) if he is interested in any subsisting contract made with, or any work being done for, the Corporation except as a shareholder (other than a director) in an incorporated company or as a member of a cooperative society; (j) if he is retained or employed in any professional capacity either personally or in the name of a firm of which he is a partner or with which he is engaged in a professional capacity, in connection with any cause or proceeding in which the Corporation or any of the municipal authorities is interested or concerned; 1. Subs. by Act 67 of 1993, s. 14, for “Director of Municipal Elections” (w.e.f. 1-10-1993 2. Subs. by s. 15, ibid. for “Director of Municipal Elections” (w.e.f. 1-10-1993 3. Subs. by s. 16, ibid. for “unless his name” (w.e.f. 1-10-1993). 4. The proviso ins. by s. 16, ibid. (w.e.f. 1-10-1993). 5. The words “or an alderman” omitted by s. 17, ibid. (w.e.f. 1-10-1993). 6. Subs. by s. 17, ibid., for clauses (d) and (e) (w.e.f. 1-10-1993). 7. Ins. by s. 17, ibid. (w.e.f. 1-10-1993). 30 (k) if he, having held any office under the Government, the Corporation or any other authority, has been dismissed for corruption or disloyalty to the State unless a period of four years has elapsed since his dismissal or the disqualification has been removed by the 1 [Election Commission]; (l) if he fails to pay any arrears of any kind due by him, otherwise than as an agent, receiver, trustee or an executor, to the Corporation within three months after a notice in this behalf has been served upon him. (2) Notwithstanding anything contained in sub-section (1)— 2 * * * * * (b) a person shall not be deemed to have incurred any disqualification under clause (f) or clause (g) of that sub-section by reason only of his receiving— (i) any pension; or (ii) any allowance or facility for serving as the Mayor or Deputy Mayor or as a councillor 3 ***; or 4 [(iii) any fee for attendance at meetings of any committee of the Corporation;] (c) a person shall not be deemed to have any interest in a contract or works such as is referred to in clause (i) of that sub-section by reason only of his having a share or interest in— (i) any lease, sale, exchange or purchase of immovable property or any agreement for the same; or (ii) any agreement for the loan of money or any security for the payment of money only; or (iii) any newspaper in which any advertisement relating to the affairs of the Corporation is inserted; or (iv) the sale to the Corporation or to any municipal authority or any officer or other employee of the Corporation on behalf of the Corporation, of any article in which he regularly trades or the purchase from the Corporation or from any such authority, officer or other employee on behalf of the Corporation, of any article of a value in either case not exceeding five thousand rupees in the aggregate in any year during the period of the contract or work; or (v) the letting out on hire to the Corporation or the hiring from the Corporation of any article of a value not exceeding two thousand rupees in the aggregate in any year during the period of the contract or work; or 5 [(vi) any agreement or contract with the Corporation or any municipal authority for any goods or services which the Corporation may generally supply] (3) If a person sits or votes as a member of the Corporation when he knows that he is not qualified or that he is disqualified for such membership, he shall be liable in respect of each day on which he so sits or votes to a penalty of three hundred rupees to be recovered as an arrear of tax under this Act. 10. Right to vote.—(1) Every person whose name is, for the time being, entered in the electoral roll for a ward shall be entitled to vote at the election of a councillor from that ward. 6 * * * * * 11. General elections of councillors.—(1) A general election of councillors shall be held for the purpose of constituting the Corporation under section 3. 7 * * * * * 1. Subs. by Act 67 of 1993, s. 17, for “Central Government” (w.e.f. 1-10-1993). 2. Omitted by s. 17, ibid. (w.e.f. 1-10-1993). 3. The words “or an alderman” omitted by s. 17, ibid. (w.e.f. 1-10-1993). 4. Subs. by s. 17, ibid., for sub-clause (iii) (w.e.f. 1-10-1993). 5. Subs. by s. 17, ibid., for sub-clause (vi) (w.e.f. 1-10-1993). 6. Omitted by Act 42 of 1961, s. 4 (w.e.f. 12-9-1961). 7. Omitted by Act 67 of 1993, s. 18 (w.e.f. 1-10-1993). 31 (3) For the aforesaid purposes the 1 [Election Commission] shall, by one or more notifications published in the Official Gazette; call upon all the wards to elect councillors in accordance with the provisions of this Act and the rules and orders made thereunder before such date or dates as may be specified in the notification or notifications: Provided that where in any ward a seat has been reserved for the Scheduled Castes, such notification or notifications shall specify that the person to fill that seat shall belong to one of the said castes: 2 [Provided further that where in any ward a seat has been reserved for woman, such notification or notifications shall specify that the person to fill that seat shall be a woman.] 12. Filling of casual vacancies in councillorship.—(1) When a casual vacancy occurs in the office of a councillor the 3 [Election Commission] shall, soon as may be after the occurrence of such vacancy and subject to the provisions of sub-section (2), by a notification in the Official Gazette, call upon the ward concerned to elect a person for the purpose of filling the vacancy in accordance with the provisions of this Act and the rules and orders made thereunder before such date as may be specified in the notification: Provided that no election shall be held to fill a casual vacancy occurring within 4 [six months] prior to the holding of a general election under section 11. (2) If the vacancy be a vacancy in a seat reserved for the Scheduled Castes the notification issued under sub-section (1) shall specify that the person to fill that seat shall belong to one of the Scheduled Castes. 5 [(3) If the vacancy be a vacancy in a seat reserved for women the notification issued under sub- section (1) shall specify that the person to fill that seat shall be a woman.] 13. [Election of aldermen.].—Omitted by the Delhi Municipal Corporation Amendment Act 1993 (67 of 1993), s. 20 (w.e.f. 1-10-1993). 6 [14. Publication of result of election.—The names of all persons elected as councillors shall, as far as may be, after each election, be published by the Election Commission simultaneously in the Official Gazette.] Disputes regarding elections 15. Election petitions.—(1) No election of a councillor 7 *** shall be called in question except by an election petition presented to the court of the district judge of Delhi within fifteen days from the date of the publication of the result of the election under section 14. 8 [(2) An election petition calling in question any such election may be presented under any of the grounds specified in section 17 by any candidate at such election, by any elector of the ward concerned or by any councillor.] (3) A petitioner shall join as respondents to his petition all the candidates at the election. (4) An election petition— (a) shall contain a concise statement of the material facts on which the petitioner relies; (b) shall, with sufficient particulars, set forth the ground or grounds on which the election is called in question; and (c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (5 of 1908) for the verification of pleadings. 1. Subs. by Act 67 of 1993, s. 18, for “Director of Municipal Elections” (w.e.f. 1-10-1993). 2. Ins. by s. 18 ibid. (w.e.f. 1-10-1993). 3. Subs. by s. 19, ibid., for “Director of Municipal Elections” (w.e.f. 1-10-1993). 4. Subs. by s. 19, ibid., for “four months” (w.e.f. 1-10-1993). 5. Ins. by s. 19, ibid. (w.e.f. 1-10-1993). 6. Subs. by s. 21, ibid., for section 14 (w.e.f. 1-10-1993). 7. The words “or an alderman” omitted by s. 22, ibid. (w.e.f. 1-10-1993). 8. Subs. by s. 22, ibid., for sub-section (2) (w.e.f. 1-10-1993). 32 16. Relief that may be claimed by the petitioner.—(1) A petitioner may claim— (a) a declaration that the election of all or any of the returned candidates is void, and (b) in addition thereto, a further declaration that he himself or any other candidate has been duly elected. (2) The expression “returned candidate” means a candidate whose name has been published in the Official Gazette under section 14. 17. Grounds for declaring elections to be void.—(1) Subject to the provisions of sub-section (2) if the court of the district judge is of opinion— (a) that on the date of his election a returned candidate was not qualified or was disqualified, to be chosen as a councillor 1 *** under this Act, or (b) that any corrupt practice has been committed by a returned candidate or his agent or by any other person with the consent of a returned candidate or his agent, or (c) that any nomination paper has been improperly rejected, or (d) that the result of the election, in so far as it concerns a returned candidate, has been materially affected— (i) by the improper acceptance of any nomination, or (ii) by any corrupt practice committed in the interests of the returned candidate by a person other than that candidate or his agent or a person acting with the consent of such candidate or agent, or (iii) by the improper acceptance or refusal of any vote or reception of any vote which is void, or (iv) by the non-compliance with the provisions of this Act or of any rules or orders made thereunder, the court shall declare the election of the returned candidate to be void. (2) If in the opinion of the court, a returned candidate has been guilty by an agent of any corrupt practice, but the court is satisfied— (a) that no such corrupt practice was committed at the election by the candidate, and every such corrupt practice was committed contrary to the orders, and without the consent of the candidate; (b) that the candidate took all reasonable means for preventing the commission of corrupt practices at the election; and (c) that in all other respects the election was free from any corrupt practice on the part of the candidate or any of his agents; then the court may decide that the election of the returned candidate is not void. 18. Procedure to be followed by the district judge.—The procedure provided in the Code of Civil Procedure, 1908 (5 of 1908), in regard to suits shall be followed by the court of the district judge as far as it can be made applicable, in the trial and disposal of an election petition under this Act. 19. Decision of the district judge.—(1) At the conclusion of the trial of an election petition, the court of the district judge shall make an order— (a) dismissing the election petition; or (b) declaring the election of all or any of the returned candidates to be void; or (c) declaring the election of all or any of the returned candidates to be void and the petitioner and any other candidates to have been duly elected. 1. The words “or, as the case may be, as an alderman” omitted by Act 67 of 1993, s. 23 (w.e.f. 1-10-1993). 33 (2) If any person who has filed an election petition has, in addition to calling in question the election of the returned candidate, claimed declaration that he himself or any other candidate has been duly elected and the court of the district judge is of opinion— (a) that in fact the petitioner or such other candidate received a majority of the valid votes, or (b) that but for the votes obtained by the returned candidate the petitioner or such other candidate would have obtained a majority of the valid votes, the court shall, after declaring the election of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be, to have been duly elected. 20. Procedure in case of equality of votes.—If during the trial of an election petition it appears that there is an equality of votes between any candidates at the election and that the addition of a vote would entitle any of those candidates to be declared elected, then, the court of the district judge shall decide between them by lot and proceed as if the one on whom the lot falls had received an additional vote. 21. Finality of decisions.—(1) An order of the court of the district judge on an election petition shall be final and conclusive. (2) An election of a councillor 1 *** not called in question in accordance with the foregoing provisions shall be deemed to be a good and valid election. Corrupt practices and electoral offences 22. Corrupt practices.—The following shall be deemed to be corrupt practices for the purposes of this Act:— (1) Bribery as defined in clause (1) of section 123 of the Representation of the People Act, 1951 (43 of 1951). (2) Undue influence as defined in clause (2) of the said section. (3) The systematic appeal by a candidate or his agent or by any other person, to vote or refrain from voting on grounds of caste, race, community or religion or the use of or appeal to, religious symbols or, the use of or appeal to, national symbols such as the national flag or the national emblem, for the furtherance of the prospects of that candidate's election. (4) The publication by a candidate or his agent or by any other person of any statement of fact which is false, and which he either believes to be false or does not believe to be true in relation to the personal character or conduct of any candidate, or in relation to the candidature, or withdrawal from contest of any candidate being a statement reasonably calculated to prejudice the prospects of that candidate's election. (5) The hiring or procuring whether on payment or otherwise of any vehicle or vessel by a candidate or his agent or by any other person for the conveyance of any elector (other than the candidate himself, and the members of his family or his agent) to or from any polling station provided in accordance with the rules made under this Act: Provided that the hiring of a vehicle or vessel by an elector or by several electors at their joint costs for the purpose of conveying him or them to or from any such polling station shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power: Provided further that the use of any public transport vehicle or vessel or any tram car or railway carriage by an elector at his own cost for the purpose of going to or coming from any such polling station shall not be deemed to be a corrupt practice under this clause. Explanation—In this clause the expression "vehicle" means any vehicle used or capable of being used for the purpose of road transport whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise. 1. The words “or an alderman” omitted by Act 67 of 1993, s. 24 (w.e.f. 1-10-1993). 34 (6) The holding of any meeting in which intoxicating liquors are served. (7) The issuing of any circular, placard or poster having a reference to the election which does not bear the name and address of the printer and publisher thereof. (8) Any other practice which the Central Government may by rules specify to be a corrupt practice. 23. Maintenance of secrecy of voting.—(1) Every officer or clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election shall maintain and aid in maintaining the secrecy of the voting and shall not (except for some purpose authorised by or under any law) communicate to any person any information calculated to violate such secrecy. (2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to three months or with fine, or with both. 24. Officers, etc., at elections not to act for candidates or to influence voting.—(1) No person who is a returning officer, or an assistant returning officer or a presiding officer or polling officer at an election, or an officer or clerk appointed by the returning officer or the presiding officer to perform any duty in connection with an election or a member of a police force shall in the conduct or management of the election do any act (other than the giving of votes) for the furtherance of the prospects of the election of a candidate. (2) No such person as aforesaid shall endeavour— (a) to persuade any person to give his vote at an election; or (b) to dissuade any person from giving his vote at an election; or (c) to influence the voting of any person at an election in any manner. (3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both. 25. Prohibition of canvassing in or near polling station and of public meeting on election day.—(1) No person shall, on the date or dates on which the poll is taken at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of one hundred yards of the polling station, namely:— (a) canvassing for votes; or (b) soliciting the vote of any elector; or (c) persuading any elector not to vote for any particular candidate; or (d) persuading any elector not to vote at the election; or (e) exhibiting any notice or sign (other than an official notice) relating to the election. (2) No person shall convene, hold or attend any public meeting within any ward on the date or dates on which a poll is taken for an election in that ward. (3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with fine which may extend to two hundred and fifty rupees. (4) An offence punishable under this section shall be cognizable. 26. Penalty for disorderly conduct in or near polling station.—(1) No person shall, on the date or dates on which a poll is taken at any polling station— (a) use or operate within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loud-speaker; or (b) shout or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof; so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officer and other persons on duty at the polling station. 35 (2) Any person who contravenes or wilfully aids or abets the contravention of the provisions of sub- section (1), shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both. (3) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under this section, he may direct any police officer to arrest such person, and thereupon the police officer shall arrest him. (4) Any police officer may take such step and use such force, as may be reasonably necessary for preventing any contravention of the provisions of sub-section (1), and may seize any apparatus used for such contravention. (5) An offence punishable under this section shall be cognizable, 27. Penalty for misconduct at the polling station.—(1) Any person who during the hours fixed for the poll at any polling station, misconducts himself or fails to obey the lawful directions of the presiding officer, may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorised in this behalf by such presiding officer. (2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station. (3) If any person who has been so removed from a polling station, re-enters the polling station without the permission of the presiding officer, he shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both. (4) An offence punishable under sub-section (3) shall be cognizable. 28. Breaches of official duty in connection with election.—(1) If any person to whom this section applies, is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend to five hundred rupees. (2) No suit or other legal proceeding shall lie against any such person for damages in respect of any such act or omission as aforesaid. (3) The persons to whom this section applies are returning officers, assistant returning officers, presiding officers, polling officers and any other person appointed to perform any duty in connection with the election; and the expression “official duty” shall for the purposes of this section be construed accordingly. 29. Removal of ballot papers from polling station to be an offence.—(1) Any person who at an election fraudulently takes or attempts to take a ballot paper out of a polling station, or wilfully aids or abets the doing of any such act, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both. (2) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub-section (1), such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer: Provided that when it is necessary to cause a women to be searched, the search shall be made by another woman with strict regard to decency. (3) Any ballot paper found upon the person arrested on search or a ballot box or a voting machine or part thereof found being carried away by a person outside the polling station shall be made over for safe custody to a police officer by the presiding officer or when the search is made by a police officer, shall be kept by such officer in safe custody. (4) An offence punishable under sub-section (1) shall be cognizable. 36 30. Other offences and penalties therefor.—(1) A person shall be guilty of an electoral offence if at any election he— (a) fraudulently defaces or destroys any nomination paper; or (b) fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of the returning officer; or (c) fraudulently defaces or destroys any ballot paper or the official mark on any ballot paper; or (d) without due authority supplies any ballot paper to any person or receives any ballot paper from any person or is in possession of any ballot paper; or (e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in; or (f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot paper then in use for the purposes of the election; or (g) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such acts. (2) Any person guilty of an offence under this section shall— (a) if he is a returning officer or an assistant returning officer or a presiding officer or a polling officer or any other officer or clerk employed on official duty in connection with the election, be punishable with imprisonment for a term which may extend to two years, or with fine, or with both; (b) if he is any other person, be punishable with imprisonment for a term which may extend to six months, or with fine, or with both. (3) For the purposes of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of any election or part of an election including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection with such election. (4) An offence punishable under clause (b) of sub-section (2) shall be cognizable. (5) No court shall take cognizance of any offence under section 24, or under section 28, or under clause (a) of sub-section (2) of this section unless there is a complaint made by order of, or under authority from, the 1 [Election Commission]. Power to make rules 31. Power to make rules regulating the election of councillors and aldermen.—(1) The Central Government may make rules to provide for or regulate all or any of the following matters 2 [for the purpose of preparation, revision, and maintenance of electoral rolls of wards and holding elections] of councillors 3 *** under this Act, namely:— 4 [(a) the particulars to be entered in the electoral rolls; (aa) the preliminary publication of electoral rolls; (ab) the manner in which and the time within which claims and objections as to entries in electoral rolls may be preferred; (ac) the manner in which notices of claims or objections shall be published; (ad) the place, date and time at which claims or objections shall be heard and the manner in which claims or objections shall be heard and disposed of; 1. Subs. by Act 67 of 1993, s. 25, for “Director of Municipal Elections” (w.e.f. 1-10-1993). 2. Subs. by Act 55 of 1974, s. 7, for “for the purpose of holding elections” (w.e.f. 10-1-1975). 3. The words “and alderman” omitted by Act 67 of 1993, s. 26 (w.e.f. 1-10-1993). 4. Subs. by Act 55 of 1974, s. 7, for clause (a) (w.e.f. 10-1-1975). 37 (ae) the final publication of electoral rolls; (af) the revision and correction of electoral rolls and inclusion of names therein; (ag) the manner in which and the purpose for which the electoral roll of 1 [an assembly constituency] may be used; (ah) the correction of electoral rolls on change of extent or boundaries of wards;] (b) the appointment of returning officers, assistant returning officers, presiding officers and polling officers for the conduct of elections; (c) the nomination of candidates, form of nomination papers, objections to nomination and scrutiny of nominations; (d) the deposits to be made by candidates, time and manner of making such deposits and the circumstances under which such deposits may be returned to candidates or forfeited to the Corporation; (e) the withdrawal of candidatures; (f) the appointment of agents of candidates; (g) the procedure in contested and uncontested elections and the special procedure at elections in wards where any seat is reserved for the Scheduled Castes 2 [and women]; (h) the date, time and place for poll and other matters relating to the conduct of elections including— (i) the appointment of polling stations for each ward, (ii) the hours during which the polling station shall be kept open for the casting of votes, (iii) the printing and issue of ballot papers, (iv) the checking of voters by reference to the electoral roll, (v) the marking with indelible ink of the left forefinger or any other finger or limb of the voter and prohibition of the delivery of any ballot paper to any person if at the time such person applies for such paper he has already such mark so as to prevent personation of voters, (vi) the manner in which votes are to be given and in particular in the case of illiterate voters or of voters under physical or other disability, (vii) the procedure to be followed in respect of challenged votes and tendered votes, (viii) the scrutiny of votes, counting of votes, the declaration of the results and the procedure in case of equality of votes or in the event of a councillor being elected to represent more than one ward, (ix) the custody and disposal of papers relating to elections, (x) the suspension of polls in case of any interruption by riot, violence or any other sufficient cause and the holding of a fresh poll, (xi) the holding of a fresh poll in the case of destruction of or tampering with ballot boxes before the count, (xii) the countermanding of the poll in the case of the death of a candidate before the poll; 3 [(hh) the requisitioning of premises, vehicles, vessels or animals, payment of compensation in connection with such requisitioning, eviction from requisitioned premises and release of premises from requisition;] 1. Subs. by Act 67 of 1993, s. 26, for “a parliamentary constituency” (w.e.f. 1-10-1993). 2. Ins. by s. 26, ibid. (w.e.f. 1-10-1993). 3. Ins. by Act 42 of 1961, s. 5 (w.e.f. 12-9-1961). 38 1 * * * * * (j) the fee to be paid on an election petition; (k) any other matter 2 [relating to electoral rolls or elections] or election disputes in respect of which the Central Government deems it necessary to make rules under this section or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government necessary. (2) In making any rule under this section the Central Government may provide that any contravention thereof shall be punishable with fine which may extend to one hundred rupees. Councillors and aldermen 3 [32. Oath or affirmation.—(1) Every councillor and every person nominated under sub-clause (i) of clause (b) of sub-section (3) of section 3, before taking his seat, make and subscribe at a meeting of the Corporation an oath or affirmation according to the following form, namely:— “I, A. B. having been nominated under sub-clause (i) of clause (b) of nominated under sub-clause (i) of clause (b) of sub-section (3) of section 3 as representative in the Municipal Corporation of Delhi, do swear in the name of God that I will bear true faith and allegiance to the solemnly affirm Constitution of India as by law established and I will faithfully discharge the duty upon which I am about to enter.” (2) If a person sits or votes as a councillor or sits as a representative before he has complied with the requirements of sub-section (1) he shall be liable in respect of each day on which he sits or votes as the case may be, to a penalty of three hundred rupees to be recovered as arrears of tax under this Act.] 4 [32A. Declaration of assets.—(1) Every councillor shall, not later than thirty days after making and subscribing the oath or affirmation under sub-section (1) of section 32 and before the last day of the same month in each succeeding year, file with the Mayor a declaration in such form as may be prescribed by rules by the Central Government, of all the assets owned by him and members of his family and. such declaration shall form part of the records of the Corporation. Explanation—For the purposes of this sub-section, “family” means the spouse and dependant children of the councillor. (2) A person shall be disqualified for being a councillor— (a) if he fails to file a declaration referred to in sub-section (1); or (b) if he files a declaration under that sub-section which is either false or which he knows or believes to be false. 32B. Vacation of seats in case of multiple membership.—No councillor shall be a member both of the Corporation and Parliament or the Legislative Assembly and if a person is so chosen, then at the expiration of fourteen days from the date of the publication in the Gazette of India, or as the case may be, in the Official Gazette, whichever is later that he has been so chosen, that person’s seat in Parliament or the Legislative Assembly shall become vacant unless he has previously resigned his seat in the Corporation.] 33. Vacation of seats.—(1) If a councillor 5 ***— (a) becomes subject to any of the disqualifications mentioned in 6 [section 9 or sub-section (2) of section 32A or], 1. Omitted by Act 67 of 1993, s. 26 (w.e.f. 1-10-1993). 2. Subs. by Act 55 of 1974, s. 7, for “relating to elections” (w.e.f. 10-1-1975). 3. Subs. by Act 67 of 1993, s. 27, for section 32 (w.e.f. 1-10-1993). 4. Ins. by s. 28, ibid. (w.e.f. 1-10-1993). 5. The words “or an alderman” omitted by s. 29, ibid. (w.e.f. 1-10-1993). 6. Subs. by s. 29, ibid., for “section 9 or”