The Delhi Municipal Corporation Act, 1957
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 365 Removal of congested buildings.
(1) Where it appears to the Commissioner that any block of buildings is in an unhealthy condition by reason of the manner in which the buildings are crowded together, or of the narrowness, closeness, or faulty arrangement of streets, or of the want of proper drainage and ventilation, or of the impracticability of cleansing the buildings or other similar cause, he shall cause the block to be inspected to by the Municipal Health Officer and the Municipal Engineer who shall make a report in writing to him regarding the sanitary condition of the block.
(2) If upon receipt of such report the Commissioner considers that the sanitary condition of the block is likely to cause risk of disease to the inhabitants of the buildings or of the neighbourhood or otherwise to endanger the public health, he shall with the approval of the Standing Committee select the buildings which in his opinion should wholly or in part be removed in order to abate the unhealthy condition of the block and may thereupon by notice in writing require the owners of such buildings to remove them within such period as may be specified in the notice:
Provided that before issuing the notice reasonable opportunity should be afforded to the owners to show cause why the building should not be removed:
Provided further that the Commissioner shall make compensation to the owners for any buildings so removed which may have been erected under proper authority.
(3) If a notice under sub-section (2) requiring any owner of a building to remove it is not complied with, then, after the expiration of the time specified in the notice the Commissioner may himself remove the building required to be removed by the notice and recover from the owner of the building the expenses of such removal as an arrear of tax under this Act.
(2) If upon receipt of such report the Commissioner considers that the sanitary condition of the block is likely to cause risk of disease to the inhabitants of the buildings or of the neighbourhood or otherwise to endanger the public health, he shall with the approval of the Standing Committee select the buildings which in his opinion should wholly or in part be removed in order to abate the unhealthy condition of the block and may thereupon by notice in writing require the owners of such buildings to remove them within such period as may be specified in the notice:
Provided that before issuing the notice reasonable opportunity should be afforded to the owners to show cause why the building should not be removed:
Provided further that the Commissioner shall make compensation to the owners for any buildings so removed which may have been erected under proper authority.
(3) If a notice under sub-section (2) requiring any owner of a building to remove it is not complied with, then, after the expiration of the time specified in the notice the Commissioner may himself remove the building required to be removed by the notice and recover from the owner of the building the expenses of such removal as an arrear of tax under this Act.
Section 366 Power of Commissioner to require improvement of buildings unfit for human habitation.
(1) Where the Commissioner upon information in his possession is satisfied that any building is in any respect unfit for human habitation, he may, unless in his opinion the building is not capable at a reasonable expense of being rendered fit, serve upon the owner of the building a notice requiring him within such time not being less than thirty days as may be specified in the notice to execute the works of improvement specified therein and stating that in his opinion those works will render the building fit for human habitation.
(2) In addition to serving a notice under this section on the owner the Commissioner may serve a copy of the notice on any other person having an interest in the building whether as a lessee, mortgagee or otherwise.
(3) In determining whether a building can be rendered fit for human habitation at a reasonable expense regard shall be had to the estimated cost of the work necessary to render it so fit and the value which it is estimated that the building will have when the works are completed.
(2) In addition to serving a notice under this section on the owner the Commissioner may serve a copy of the notice on any other person having an interest in the building whether as a lessee, mortgagee or otherwise.
(3) In determining whether a building can be rendered fit for human habitation at a reasonable expense regard shall be had to the estimated cost of the work necessary to render it so fit and the value which it is estimated that the building will have when the works are completed.
Section 367 Enforcement of notice requiring execution of works of improvement.
If a notice under section 366 requiring the owner of the building to execute works of improvement is not complied with, then, after the expiration of the time specified in the notice the Commissioner may himself do the works required to be done by the notice and recover the expenses incurred in connection therewith as an arrear of tax under this Act.
Section 368 Power of Commissioner to order demolition of buildings unfit for human habitation.
(1) Where the Commissioner upon any information in his possession is satisfied that any building is unfit for human habitation and is not capable at a reasonable expense of being rendered so fit he shall serve upon the owner of the building, and upon any other person having an interest in the building, whether as a lessee, mortgagee or otherwise a notice to show cause within such time as maybe specified in the notice as to why an order of demolition of the building should not be made.
(2) If any of the person upon whom a notice has been served under sub-section (1), appears in pursuance thereof before the Commissioner and gives an undertaking to him that such person shall, within a period specified by the Commissioner, execute such works of improvement in relation to the building as will, in the opinion of the Commissioner, render the building fit for human habitation or an undertaking that the building shall not be used for human habitation until the Commissioner on being satisfied that it has been rendered fit for that purpose, cancels the undertaking, the Commissioner shall not make an order of demolition of the building.
(3) If no such undertaking as is mentioned in sub-section (2) is given, or if in a case where any such undertaking has been given, any work of improvement to which the undertaking relates is not carried out within the specified period, or the building is at any time used in contravention of the terms of the undertaking, the Commissioner shall forthwith make an order of demolition of the building requiring that the building shall be vacated within a period to be specified in the order not being less than thirty days from the date of the order, and that it shall be demolished within six weeks after the expiration of that period.
(4) Where an order of demolition of a building under this section has been made, the owner of the building or any other person having an interest therein, shall demolish that building within the time specified in that behalf by the order, and if the building is not demolished within that time, the Commissioner shall demolish the building and sell the materials thereof.
(5) Any expenses incurred by the Commissioner under sub-section (4) if not satisfied out of the proceeds of the sale of materials of the building shall be recovered from the owner of the building or any other person having an interest therein as an arrear of tax under this Act.
(6) In determining for the purposes of section 366 and this section whether a building is unfit for human habitation, regard shall be had to its condition in respect of the following matters, that is to say,—
(a) repair;
(b) stability;
(c) freedom from damp;
(d) natural light and air;
(e) water supply;
(f) drainage and sanitary conveniences;
(g) facilities for storage, preparation and cooking of food and for the disposal of rubbish, filth and other polluted matter;
and the building shall be deemed to be unfit as aforesaid if it is so far defective in one or more of the said matters that it is not reasonably suitable for occupation in that condition.
(7) For the purposes of section 366, section 367 and this section, "work of improvement" in relation to a building includes any one or more of the following works, namely:—
(a) necessary repairs;
(b) structural alterations;
(c) provision of light points and water taps;
(d) construction of drains, open or covered;
(e) provision of latrines and urinals;
(f) provision of additional or improved fixtures and fittings;
(g) opening up or paving of courtyard;
(h) removal of rubbish, filth and other polluted and obnoxious matter;
(i) any other work including the demolition of any building or any part thereof which, in the opinion of the Commissioner, is necessary for executing any of the works specified above.
(8) The provisions of section 365, section 366, section 367 and this section shall not apply in relation to any building in any area which has been declared to be a slum area under the Slum Area (Improvement and Clearance) Act, 1956 (96 of 1956).
(2) If any of the person upon whom a notice has been served under sub-section (1), appears in pursuance thereof before the Commissioner and gives an undertaking to him that such person shall, within a period specified by the Commissioner, execute such works of improvement in relation to the building as will, in the opinion of the Commissioner, render the building fit for human habitation or an undertaking that the building shall not be used for human habitation until the Commissioner on being satisfied that it has been rendered fit for that purpose, cancels the undertaking, the Commissioner shall not make an order of demolition of the building.
(3) If no such undertaking as is mentioned in sub-section (2) is given, or if in a case where any such undertaking has been given, any work of improvement to which the undertaking relates is not carried out within the specified period, or the building is at any time used in contravention of the terms of the undertaking, the Commissioner shall forthwith make an order of demolition of the building requiring that the building shall be vacated within a period to be specified in the order not being less than thirty days from the date of the order, and that it shall be demolished within six weeks after the expiration of that period.
(4) Where an order of demolition of a building under this section has been made, the owner of the building or any other person having an interest therein, shall demolish that building within the time specified in that behalf by the order, and if the building is not demolished within that time, the Commissioner shall demolish the building and sell the materials thereof.
(5) Any expenses incurred by the Commissioner under sub-section (4) if not satisfied out of the proceeds of the sale of materials of the building shall be recovered from the owner of the building or any other person having an interest therein as an arrear of tax under this Act.
(6) In determining for the purposes of section 366 and this section whether a building is unfit for human habitation, regard shall be had to its condition in respect of the following matters, that is to say,—
(a) repair;
(b) stability;
(c) freedom from damp;
(d) natural light and air;
(e) water supply;
(f) drainage and sanitary conveniences;
(g) facilities for storage, preparation and cooking of food and for the disposal of rubbish, filth and other polluted matter;
and the building shall be deemed to be unfit as aforesaid if it is so far defective in one or more of the said matters that it is not reasonably suitable for occupation in that condition.
(7) For the purposes of section 366, section 367 and this section, "work of improvement" in relation to a building includes any one or more of the following works, namely:—
(a) necessary repairs;
(b) structural alterations;
(c) provision of light points and water taps;
(d) construction of drains, open or covered;
(e) provision of latrines and urinals;
(f) provision of additional or improved fixtures and fittings;
(g) opening up or paving of courtyard;
(h) removal of rubbish, filth and other polluted and obnoxious matter;
(i) any other work including the demolition of any building or any part thereof which, in the opinion of the Commissioner, is necessary for executing any of the works specified above.
(8) The provisions of section 365, section 366, section 367 and this section shall not apply in relation to any building in any area which has been declared to be a slum area under the Slum Area (Improvement and Clearance) Act, 1956 (96 of 1956).
Section 369 Omitted.
[Insanitary huts and sheds.] Omitted by the Jan Vishwas (Amendment of Provisions) Act, 2026 (8 of 2026), s. 2 and Sch. (w.e.f. 15-5-2026).
Section 370 Omitted.
[Prohibition against washing by washermen.] Omitted by the Jan Vishwas (Amendment of Provisions) Act, 2026 (8 of 2026), s. 2 and Sch. (w.e.f. 15-5-2026).
Section 371 Obligation to give information of dangerous disease.
Any person being in charge of, or in attendance, whether as a medical practitioner or otherwise, upon any person whom he knows or has reason to believe to be suffering from a dangerous disease, or being the owner, lessee, or occupier of any building in which he knows that any such person is so suffering shall forthwith give information respecting the existence of such disease to the Municipal Health Officer.
Section 372 Removal to hospital of patients suffering from dangerous disease.
(1) When any person suffering from any dangerous disease is found to be--
(a) without proper lodging or accommodation, or
(b) living in a room or house which the neither owns or pays rent for nor occupies as the guest or relative of any person who owns, or pays rent for it, or
(c) living in a sarai, hotel, boarding house or other public hotel, or
(d) lodged in premises occupied by members of two or more families,
the Commissioner or any person authorised by him in this behalf, may on the advice of any medical officer of the rank not inferior to that of an assistant surgeon remove the patient to any hospital or place at which persons suffering from such disease are received for medical treatment and may anything necessary for such removal.
(2) 1[2[The Corporation]] shall if required by the 3[Government] erect an infectious diseases hospital of such type and dimension as that Government may direct.
(a) without proper lodging or accommodation, or
(b) living in a room or house which the neither owns or pays rent for nor occupies as the guest or relative of any person who owns, or pays rent for it, or
(c) living in a sarai, hotel, boarding house or other public hotel, or
(d) lodged in premises occupied by members of two or more families,
the Commissioner or any person authorised by him in this behalf, may on the advice of any medical officer of the rank not inferior to that of an assistant surgeon remove the patient to any hospital or place at which persons suffering from such disease are received for medical treatment and may anything necessary for such removal.
(2) 1[2[The Corporation]] shall if required by the 3[Government] erect an infectious diseases hospital of such type and dimension as that Government may direct.
1. Subs. by Delhi Act 12 of 2011, s. 2, for “the Corporation” (w.e.f. 13-1-2012).
2. Subs. by Act 10 of 2022, s. 2, for “a Corporation” (w.e.f. 22-5-2022).
3. Subs. by Delhi Act 12 of 2011, s. 2, for “Central Government” (w.e.f. 13-1-2012).
2. Subs. by Act 10 of 2022, s. 2, for “a Corporation” (w.e.f. 22-5-2022).
3. Subs. by Delhi Act 12 of 2011, s. 2, for “Central Government” (w.e.f. 13-1-2012).
Section 373 Omitted.
[Disinfection of buildings and articles.] Omitted by the Jan Vishwas (Amendment of Provisions) Act, 2026 (8 of 2026), s. 2 and Sch. (w.e.f. 15-5-2026).
Section 374 Omitted.
[Destruction of infectious huts or sheds.] Omitted by the Jan Vishwas (Amendment of Provisions) Act, 2026 (8 of 2026), s. 2 and Sch. (w.e.f. 15-5-2026).
Section 375 Means of disinfection.
(1) The Commissioner shall—
(a) provide proper places with necessary attendants and apparatus for the disinfection of conveyances, clothing, bedding and other articles which have been exposed to infection;
(b) cause conveyances, clothing and other articles brought for disinfection to be disinfected either free of charge or on payment of such charges as he may fix.
(2) The Commissioner may notify places at which articles of clothing, bedding and conveyances or other articles which have been exposed to infection shall be washed and if he does so, no person shall wash any such thing at any place not so notified without having previously disinfected such thing.
(3) The Commissioner may direct the destruction of any clothing, bedding or other article likely to retain infection and may give such compensation as he thinks fit for any article so destroyed.
(a) provide proper places with necessary attendants and apparatus for the disinfection of conveyances, clothing, bedding and other articles which have been exposed to infection;
(b) cause conveyances, clothing and other articles brought for disinfection to be disinfected either free of charge or on payment of such charges as he may fix.
(2) The Commissioner may notify places at which articles of clothing, bedding and conveyances or other articles which have been exposed to infection shall be washed and if he does so, no person shall wash any such thing at any place not so notified without having previously disinfected such thing.
(3) The Commissioner may direct the destruction of any clothing, bedding or other article likely to retain infection and may give such compensation as he thinks fit for any article so destroyed.
Section 376 Special measures in case of outbreak of dangerous or epidemic diseases.
(1) In the event of Delhi or any part thereof being visited or threatened by an outbreak of any dangerous disease among the inhabitants thereof or of any epidemic disease among any animals therein, the Commissioner, if he thinks that the other provisions of this Act and the provisions of any other law for the time being in force are insufficient for the purpose, may, with the previous sanction of 1[2[the Corporation]],--
(a) take such special measures, and
(b) by public notice, give such directions to be observed by the public or by any class or section of the public,
as he thinks necessary to prevent the outbreak or spread of the disease:
Provided that where in the opinion of the Commissioner immediate measures are necessary, he may take action without such sanction as aforesaid and if he does so, shall forthwith report such action to 1[2[the Corporation]].
(2) No person shall commit a breach of any direction given under sub-section (1) and if he does so he shall be deemed to have committed an offence under section 188 of the Indian Penal Code (45 of 1860).
(a) take such special measures, and
(b) by public notice, give such directions to be observed by the public or by any class or section of the public,
as he thinks necessary to prevent the outbreak or spread of the disease:
Provided that where in the opinion of the Commissioner immediate measures are necessary, he may take action without such sanction as aforesaid and if he does so, shall forthwith report such action to 1[2[the Corporation]].
(2) No person shall commit a breach of any direction given under sub-section (1) and if he does so he shall be deemed to have committed an offence under section 188 of the Indian Penal Code (45 of 1860).
1. Subs. by Delhi Act 12 of 2011, s. 2, for “the Corporation” (w.e.f. 13-1-2012).
2. Subs. by Act 10 of 2022, s. 2, for “A Corporation” (w.e.f. 22-5-2022).
2. Subs. by Act 10 of 2022, s. 2, for “A Corporation” (w.e.f. 22-5-2022).
Section 377 Omitted.
[Infected clothes not to be sent to washerman or to laundry.] Omitted by the Jan Vishwas (Amendment of Provisions) Act, 2026 (8 of 2026), s. 2 and Sch. (w.e.f. 15-5-2026).
Section 378 Omitted.
[Contamination and disinfection of public conveyance.] Omitted by the Jan Vishwas (Amendment of Provisions) Act, 2026 (8 of 2026), s. 2 and Sch. (w.e.f. 15-5-2026).
Section 379 Driver of conveyance not bound to carry persons suffering from dangerous disease.
Notwithstanding anything contained in any law for the time being in force no owner, driver or person in charge of a public conveyance shall be bound to convey or to allow to be conveyed in such conveyance in or in the vicinity of Delhi any person suffering from a dangerous disease or the corpse of any person who has died from such disease unless and until such person pays or tenders a sum sufficient to cover any loss and expense which would ordinarily be incurred in disinfecting the conveyance.
Section 380 Omitted.
[Disinfection of buildings before letting the same.] Omitted by the Jan Vishwas (Amendment of Provisions) Act, 2026, s. 2 and Sch. (w.e.f. 15-5-2026).
Section 381 Disposal of infected articles without disinfection.
No person shall, without previous disinfection of the same, give, lend, sell, transmit or otherwise dispose of to another person any article or thing which he knows or has reason to believe has been exposed to contamination by any dangerous disease and is likely to be used in or taken into Delhi or any part thereof.
Section 382 Omitted.
[Prohibition of making or selling of food, etc., or washing of clothes by infected persons.] Omitted by the Jan Vishwas (Amendment of Provisions) Act, 2026 (8 of 2026), s. 2 and Sch. (w.e.f. 15-5-2026).
Section 383 Power to restrict or prohibit sale of food or drink.
When Delhi or any part thereof is visited or threatened by an outbreak of any dangerous disease the Commissioner may, by public notice, restrict in such manner or prohibit for such period as may be specified in the notice, the sale or preparation of any article of food or drink for human consumption specified in the notice or the sale of any flesh of any description of animal so specified.
Section 384 Control over wells and tanks, etc.
(1) If the Commissioner is of opinion that the water in any well, tank or other place, is likely, if used for drinking, to endanger, or cause the spread of, any disease, he may—
(a) by public notice, prohibit the removal or use of such water for drinking; or
(b) by notice in writing require the owner or person having control of such well, tank or place to take such steps as may be directed by the notice to prevent the public from having access to or using such water; or
(c) take such other steps as he may consider expedient to prevent the outbreak or spread of any such disease.
(2) In the event of Delhi or any part thereof being visited or threatened by an outbreak of a dangerous disease the Municipal Health Officer or any person authorised by him in this behalf may, without notice and at any time, inspect and disinfect any well, tank or other place from which water is, or is likely to be, taken for the purposes of drinking and may further take such steps as he may think fit to ensure the purity of the water or to prevent the use of the same for drinking purposes.
(a) by public notice, prohibit the removal or use of such water for drinking; or
(b) by notice in writing require the owner or person having control of such well, tank or place to take such steps as may be directed by the notice to prevent the public from having access to or using such water; or
(c) take such other steps as he may consider expedient to prevent the outbreak or spread of any such disease.
(2) In the event of Delhi or any part thereof being visited or threatened by an outbreak of a dangerous disease the Municipal Health Officer or any person authorised by him in this behalf may, without notice and at any time, inspect and disinfect any well, tank or other place from which water is, or is likely to be, taken for the purposes of drinking and may further take such steps as he may think fit to ensure the purity of the water or to prevent the use of the same for drinking purposes.