The Delhi Municipal Corporation Act, 1957
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 445 Service of bills for tax or notice of demand by ordinary post.
Notwithstanding anything contained in sections 443 and 444 a bill for any tax or a notice of demand may be served by sending it by ordinary post with a prepaid letter under a certificate of posting addressed to the appropriate person specified in section 444 at his last known place of residence or business and in proving the service of every bill or notice so sent it shall be sufficient to prove that the letter was properly addressed and posted under a certificate of posting.
Section 446 Powers in case of non-compliance with notice, etc.
In the event of non-compliance with the terms of any notice, order or requisition issued to any power under this Act or any rule, regulation or byelaw made thereunder, requiring such person to execute any work or to do any act it shall be lawful for the authority or officer at whose instance the notice, order or requisition has been issued, whether or not the person in default is liable to punishment for such default or has been prosecuted or sentenced to any punishment therefor, after giving notice in writing to such person, to take such action or such steps as may be necessary for the completion of the act or the work required to be done or executed by such person and all the expenses incurred on such account shall be payable to the Commissioner on demand and if not paid within ten days after such demand, shall be recoverable as an arrear of tax under this Act.
Section 447 Liability of occupier to pay in default of owner.
(1) If any notice, order or requisition has been issued to any person in respect of property of which he is the owner, the authority or officer at whose instance such notice, order or requisition has been issued, may require the occupier of such property or of any part thereof to pay to him, instead of to the owner, any rent payable by him in respect of such property, as it falls due up to the amount recoverable from the owner under section 446:
Provided that if the occupier refuses to disclose the correct amount of the rent payable by him or the name or address of the person to whom it is payable, the authority or officer may recover from the occupier the whole amount recoverable under section 446 as an arrear of tax under this Act.
(2) Any amount recovered from an occupier instead of from an owner under sub-section (1), shall, in the absence of any contract between the owner and the occupier to the contrary, be deemed to have been paid to the owner.
Provided that if the occupier refuses to disclose the correct amount of the rent payable by him or the name or address of the person to whom it is payable, the authority or officer may recover from the occupier the whole amount recoverable under section 446 as an arrear of tax under this Act.
(2) Any amount recovered from an occupier instead of from an owner under sub-section (1), shall, in the absence of any contract between the owner and the occupier to the contrary, be deemed to have been paid to the owner.
Section 448 Execution of work by occupier in default of owner and deduction of expenses from rent.
Whenever the owner of any land or building fails to execute any work which he is required to execute under this Act or any bye-law made thereunder, the occupier, if any, of such land or building may, with the approval of the Commissioner, execute the said work and he shall, subject to any contract between the owner and occupier to the contrary, be entitled to recover from the owner the reasonable expenses incurred by him in the execution of the work and may deduct the amount thereof from the rent payable by him to the owner.
Section 449 Relief to agents and trustees.
(1) Where any person, by reason of his receiving rent of immovable property as a receiver, agent or trustee, or of his being as a receiver, agent or trustee the person who would receive the rent if the property were let to a tenant, would under this Act or any byelaw made thereunder, be bound to discharge any obligation imposed on the owner of the property for the discharge of which money is required, he shall not be bound to discharge the obligation unless he has, or but for his own improper act or default might have had funds in his hands belonging to the owner sufficient for the purpose.
(2) The burden of proving any fact entitling a receiver, agent or trustee to relief under sub-section (1) shall lie upon him.
(3) Where any receiver, agent or trustee has claimed and established his right to relief under this section, the Commissioner may, by notice in writing require him, to apply to the discharge of his obligation as aforesaid the first moneys which may come to his hands on behalf, or for the use, of the owner, and on failure to comply with the notice, he shall be deemed to be personally liable to discharge the obligation.
(2) The burden of proving any fact entitling a receiver, agent or trustee to relief under sub-section (1) shall lie upon him.
(3) Where any receiver, agent or trustee has claimed and established his right to relief under this section, the Commissioner may, by notice in writing require him, to apply to the discharge of his obligation as aforesaid the first moneys which may come to his hands on behalf, or for the use, of the owner, and on failure to comply with the notice, he shall be deemed to be personally liable to discharge the obligation.
Section 450 General power to pay compensation.
1[450. General power to pay compensation.—In any case not otherwise provided for in this Act or in any bye-law made thereunder, the Commissioner, with the previous approval of the Standing Committee, may pay compensation to any person who sustains damage by reason of the exercise of any of the powers vested by this Act or any bye-law in the Commissioner or in any municipal officer or other municipal employee.]
1. Subs. by Act 67 of 1993, s. 109, for section 450 (w.e.f. 1-10-1993).
Section 451 Compensation to be paid by offenders for damage caused by them.
(1) Any person who has been convicted of an offence against this Act or any bye-law made thereunder shall, notwithstanding any punishment to which he may have been sentenced for the said offence, be liable to pay such compensation for any damage to the property of 1[2[the Corporation]] resulting from the said offence as the appropriate municipal authority may consider reasonable.
(2) In the event of a dispute regarding the amount of compensation payable under sub-section (1) such amount shall, on application made to him, be determined by the magistrate before whom the said person was convicted of the said offence; and on non-payment of the amount of compensation so determined the same shall be recovered under a warrant from the said magistrate as if it were a fine imposed by him on the person liable therefor.
(2) In the event of a dispute regarding the amount of compensation payable under sub-section (1) such amount shall, on application made to him, be determined by the magistrate before whom the said person was convicted of the said offence; and on non-payment of the amount of compensation so determined the same shall be recovered under a warrant from the said magistrate as if it were a fine imposed by him on the person liable therefor.
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 452 Reference to the court of the district judge in certain cases.
(1) If, when the Commissioner demands payment of any expenses referred to in section 446, his right to demand the same or the amount of the demand is disputed within ten days after such demand, the Commissioner shall 1 [refer the case for determination—
(a) to the Appellate Tribunal, if such demand relates to the expenses incurred in taking necessary action or steps for the completion of any act or work required to be done or executed in the event of non-compliance with any notice, order or requisition under sections 317, 325, 343, 344 and 345;
(b) to the court of the district judge of Delhi, in any other case.]
(2) The Commissioner shall, pending the decision on any such reference, defer further proceedings for the recovery of the sum claimed by him, and shall, after the decision, proceed to recover only such amount, if any, as is thereby declared to be due in the manner referred to in section 446.
(a) to the Appellate Tribunal, if such demand relates to the expenses incurred in taking necessary action or steps for the completion of any act or work required to be done or executed in the event of non-compliance with any notice, order or requisition under sections 317, 325, 343, 344 and 345;
(b) to the court of the district judge of Delhi, in any other case.]
(2) The Commissioner shall, pending the decision on any such reference, defer further proceedings for the recovery of the sum claimed by him, and shall, after the decision, proceed to recover only such amount, if any, as is thereby declared to be due in the manner referred to in section 446.
1. Subs. by Act 42 of 1984, s. 8, for "refer the case for determination to the court of the district judge of Delhi." (w.e.f. 10-2-1986).
Section 453 Application to the Court of the district judge in other cases.
(1) Where, in any case not provided for by section 452, 1[2[the Corporation]] or any municipal authority or any municipal officer or other municipal employee is required by this Act or by any bye-law made thereunder to pay any expenses or any compensation, the amount to be so paid and if necessary, the apportionment of the same, shall, in case of dispute, be determined by the court of the district judge of Delhi on application having been made to it for this purpose at any time within one year from the date when such expenses or compensation first became claimable.
(2) If the amount of any expenses or compensation ascertained in accordance with sub-section (1) is not paid by the person liable therefor on demand, it shall be recoverable as if the same were due under a decree passed by the court of the district judge in an original suit tried by it.
(2) If the amount of any expenses or compensation ascertained in accordance with sub-section (1) is not paid by the person liable therefor on demand, it shall be recoverable as if the same were due under a decree passed by the court of the district judge in an original suit tried by it.
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 454 Power to sue for expenses or compensation.
Instead of proceeding in the manner aforesaid for the recovery of any expenses or compensation of which the amount due has been ascertained as hereinbefore provided, or after such proceedings have been taken unsuccessfully or with only partial success, the sum due or the balance of the sum due, as the case may be, may be recovered by a suit brought against the person liable for the same in any court of competent jurisdiction.
Section 455 Mode of recovery of certain dues.
In any case not expressly provided for in this Act or any bye-law made thereunder any sum due to 1[2[the Corporation]] on account of any charge, costs, expenses, fees, rates or rent or any other account under this Act or any such bye-law may be recoverable from any person from whom such sum is due as an arrear of tax under this Act:
Provided that no proceedings for the recovery of any sum under this section shall be commenced after the expiry of three years from the date on which such sum becomes due.
Provided that no proceedings for the recovery of any sum under this section shall be commenced after the expiry of three years from the date on which such sum becomes due.
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 456 Right of owner to apply to the court of the district judge in case of obstruction by occupier.
(1) The owner of any land or building may, if he is prevented by the occupier thereof from 1 [complying with
(a) the provisions of section 317, section 325, section 343, section 344, section 345 or section 347 or any bye-law made thereunder or with any notice or order issued under any such provision, apply to the Appellate Tribunal; and
(b) any other provision or any bye-law made thereunder or with any notice, order or requisition issued under such provision, apply to the court of the district judge of Delhi,
and where such application is made] within any time that may be fixed for the compliance with such provision or notice, order or requisition, the owner shall not be liable for his failure to comply with the provision, or notice, order or requisition within the time so fixed.
(2) 2 [The Appellate Tribunal or the court, as the case may be] on receipt of such application, may make a written order requiring the occupier of the land or building to afford all reasonable facilities to the owner for complying with the said provision or notice, order or requisition and may also, if it thinks fit direct that the costs of such application and order be paid by the occupier.
(3) After eight days from the date of the order referred to in sub-section (2), the occupier shall afford all such reasonable facilities to the owner for the purpose, aforesaid as may be specified in the order; and in the event of his continued refusal to do so, the owner shall be discharged during the continuance of such refusal, from any liability which may have been otherwise incurred by reason of his failure to comply with the said provision or notice, order or requisition.
(a) the provisions of section 317, section 325, section 343, section 344, section 345 or section 347 or any bye-law made thereunder or with any notice or order issued under any such provision, apply to the Appellate Tribunal; and
(b) any other provision or any bye-law made thereunder or with any notice, order or requisition issued under such provision, apply to the court of the district judge of Delhi,
and where such application is made] within any time that may be fixed for the compliance with such provision or notice, order or requisition, the owner shall not be liable for his failure to comply with the provision, or notice, order or requisition within the time so fixed.
(2) 2 [The Appellate Tribunal or the court, as the case may be] on receipt of such application, may make a written order requiring the occupier of the land or building to afford all reasonable facilities to the owner for complying with the said provision or notice, order or requisition and may also, if it thinks fit direct that the costs of such application and order be paid by the occupier.
(3) After eight days from the date of the order referred to in sub-section (2), the occupier shall afford all such reasonable facilities to the owner for the purpose, aforesaid as may be specified in the order; and in the event of his continued refusal to do so, the owner shall be discharged during the continuance of such refusal, from any liability which may have been otherwise incurred by reason of his failure to comply with the said provision or notice, order or requisition.
1. Subs. by Act 42 of 1984, s. 9, for certain words (w.e.f. 10-2-1986).
2. Subs. by Act 42 of 1984, s. 9, for The court (w.e.f. 10-2-1986).
2. Subs. by Act 42 of 1984, s. 9, for The court (w.e.f. 10-2-1986).
Section 457 General powers and procedure of the court of the district judge.
The procedure provided in the Code of Civil Procedure, 1908 (5 of 1908), in regard to suits shall be followed, as far as it can be made applicable, in the disposal of applications, appeals or references that may be made to the court of the district judge of Delhi under this Act or any bye-law made thereunder.
Section 458 Fees in proceedings before the court of the district judge.
(1) The 1 *** Government may, by notification in the Official Gazette, prescribe what fee shall be paid—
(a) on any application, appeal or reference under this Act or any bye-law made thereunder to the court of the district judge of Delhi; and
(b) for the issue, in connection with any inquiry or proceedings before that court under this Act or such bye-law, of any summons or other process:
Provided that the fee, if any, prescribed under clause (a) shall not, in cases in which the value of the claim or subject matter is capable of being estimated in money, exceed the fees leviable for the time being under the provisions of the Court-Fees Act, 1870 (7 of 1870), in cases in which the amount of the claim or subject matter is of a like amount.
(2) The 1 *** Government may, by like notification, determine the person by whom the fee, if any, prescribed under clause (a) of sub-section (1), shall be payable.
(3) No application, appeal or reference shall be received by the court of the district judge until the fee, if any, prescribed therefor under clause (a) of sub-section (1) has been paid:
Provided that the court may, in any case in which it thinks fit so to do,—
(i) receive an application, appeal or reference made by or on behalf of a poor person, and
(ii) issue process on behalf of any such person,
without payment or on part payment of the fees prescribed under this section.
(a) on any application, appeal or reference under this Act or any bye-law made thereunder to the court of the district judge of Delhi; and
(b) for the issue, in connection with any inquiry or proceedings before that court under this Act or such bye-law, of any summons or other process:
Provided that the fee, if any, prescribed under clause (a) shall not, in cases in which the value of the claim or subject matter is capable of being estimated in money, exceed the fees leviable for the time being under the provisions of the Court-Fees Act, 1870 (7 of 1870), in cases in which the amount of the claim or subject matter is of a like amount.
(2) The 1 *** Government may, by like notification, determine the person by whom the fee, if any, prescribed under clause (a) of sub-section (1), shall be payable.
(3) No application, appeal or reference shall be received by the court of the district judge until the fee, if any, prescribed therefor under clause (a) of sub-section (1) has been paid:
Provided that the court may, in any case in which it thinks fit so to do,—
(i) receive an application, appeal or reference made by or on behalf of a poor person, and
(ii) issue process on behalf of any such person,
without payment or on part payment of the fees prescribed under this section.
1. The word "Central" omitted by Act 67 of 1993, s. 110 (w.e.f. 1-10-1993).
Section 459 Repayment of half fees on settlement before hearing.
Whenever any application, appeal or reference made under this Act or any bye-law made thereunder to the court of the district judge is settled by agreement between the parties before the hearing, half the amount of all fees paid up to that time shall be repaid by the court to the parties by whom the same have respectively been paid.
Section 460 Power of the court of the district judge to delegate certain powers and to make rules.
The court of the district judge of Delhi may—
(a) delegate, either generally or specially, to the court of any additional district judge, power to receive applications, 1 [election petitions,] appeals and references under this Act or any rule, regulation or bye-law made thereunder, and to hear and determine such applications, 1 [election petitions,] appeals and references;
(b) with the approval of the 2 *** Government, make rules not inconsistent with this Act or any rule, regulation or bye-law made thereunder, providing for any matter connected with the exercise of jurisdiction conferred upon the court by this Act which is not herein specifically provided for.
(a) delegate, either generally or specially, to the court of any additional district judge, power to receive applications, 1 [election petitions,] appeals and references under this Act or any rule, regulation or bye-law made thereunder, and to hear and determine such applications, 1 [election petitions,] appeals and references;
(b) with the approval of the 2 *** Government, make rules not inconsistent with this Act or any rule, regulation or bye-law made thereunder, providing for any matter connected with the exercise of jurisdiction conferred upon the court by this Act which is not herein specifically provided for.
1. Ins. by Act 42 of 1961, s. 18 (w.e.f. 12-9-1961).
2. The word "Central" omitted by Act 67 of 1993, s. 111 (w.e.f. 1-10-1993).
2. The word "Central" omitted by Act 67 of 1993, s. 111 (w.e.f. 1-10-1993).
Section 461 Penalty for certain violations.
1[461. Penalty for certain violations.---Whoever---
(a) contravenes any provision of any of the sections, sub-sections, clauses, provisos or other provisions of this Act mentioned in column (1) of the Twelfth Schedule; or
(b) fails to comply with any order or direction lawfully given to him or any requisition lawfully made upon him under any of the said sections, sub-sections, clauses, provisos or other provisions,
shall be punishable with penalty specified in that behalf in column (3) of the Twelfth Schedule:
Provided that before invoking section 353, section 354, sub-sections (1) and (2) of section 357, subsections (4) and (5) of section 399, and sub-section (5) of section 430, for the first contravention of the said sections, a warning notice shall be issued to the offender.]
1. Subs. by Act 8 of 2026, s. 2 and Sch., for section 461 (w.e.f. 15-5-2026).
Section 462 Punishment for acquiring share or interest in contract, etc., with the Corporation.
1 [Any councillor or any person referred to in clause (b) of sub-section (3) of section 3 of any committee of 2[3[the Corporation]]] who knowingly acquires, directly or indirectly, any share or interest in any contract made with, or any work done for, 2[3[the Corporation]] not being a share or interest such as under section 9 it is permissible for a councillor to have without being thereby disqualified for being a councillor 4 ***, and the Commissioner, 5 *** 6 *** or any municipal officer or other municipal employee who knowingly acquires, directly or indirectly, any share or interest in any contract made with, or any work done for, 2[3[the Corporation]] not being a share or interest such as under clause (i) of sub-section (1) of section 9 or subclauses (ii) and (iii) of clause (c) of sub-section (2) of that section it is permissible for a councillor 4 *** to have, without being thereby disqualified for being a councillor 4 ***, shall be deemed to have committed the offence made punishable under section 168of the Indian Penal Code (45 of 1860).
1. Subs. by Act 67 of 1993, s. 112, for certain words (w.e.f. 1-10-1993).
2. Subs. by Delhi Act 12 of 2011, s. 2, for "the Corporation" (w.e.f. 13-1-2012).
3. Subs. by Act 10 of 2022, s. 2, for "a Corporation" (w.e.f. 22-5-2022).
4. The words "or an alderman" omitted by s. 112, ibid. (w.e.f. 1-10-1993).
5. The words and brackets "the General Manager (Electricity)" omitted by s. 112, ibid. (w.e.f. 1-10-1993).
6. The words and brackets "the General Manager (Transport)" omitted by Act 71 of 1971, s. 7(b) and the Second Schedule (w.e.f. 3-11-1971).
2. Subs. by Delhi Act 12 of 2011, s. 2, for "the Corporation" (w.e.f. 13-1-2012).
3. Subs. by Act 10 of 2022, s. 2, for "a Corporation" (w.e.f. 22-5-2022).
4. The words "or an alderman" omitted by s. 112, ibid. (w.e.f. 1-10-1993).
5. The words and brackets "the General Manager (Electricity)" omitted by s. 112, ibid. (w.e.f. 1-10-1993).
6. The words and brackets "the General Manager (Transport)" omitted by Act 71 of 1971, s. 7(b) and the Second Schedule (w.e.f. 3-11-1971).
Section 463 Punishment for offences relating to terminal tax.
Whoever brings within the Union territory of Delhi any goods liable to terminal tax without the payment of such tax shall, on conviction, be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both, and the court trying an offence under this section may, on such conviction, also confiscate the goods in respect of which the offence has been committed.
Section 464 Penalty for evasion of terminal taxes.
Where any goods imported into Delhi are liable to the payment of terminal tax, any person who, with the intention of evading payment of the tax introduces or attempts to introduce or causes or abets the introduction of any such goods within the Union territory of Delhi, upon which payment of terminal tax due on such introduction, has neither been made nor tendered, shall be punishable with fine which may extend to ten times the amount of such terminal tax.