The Delhi Municipal Corporation Act, 1957
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 41 General powers of the Corporation.
41. General powers of 1[2[the Corporation]].--(1) Subject to the provisions of this Act and the rules, regulations and bye-laws made thereunder the municipal government of 3[4[Delhi]] shall vest in 1[2[the Corporation]].
(2) Without prejudice to the generality of the provisions of sub-section (1), it shall be the duty of 1[2[the Corporation]] to consider all periodical statements of the receipts and disbursements and all progress reports and pass such resolutions thereon as it thinks fit.
(2) Without prejudice to the generality of the provisions of sub-section (1), it shall be the duty of 1[2[the Corporation]] to consider all periodical statements of the receipts and disbursements and all progress reports and pass such resolutions thereon as it thinks fit.
1. Subs. by Delhi Act 12 of 2011, s. 2 "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 "Delhi" (w.e.f. 13-1-2012).
4. Subs. by Act 10 of 2022, s. 2, for "the area of the 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).
3. Subs. by Delhi Act 12 of 2011, s. 2, for "Delhi" (w.e.f. 13-1-2012).
4. Subs. by Act 10 of 2022, s. 2, for "the area of the Corporation" (w.e.f. 22-5-2022).
Section 42 Obligatory functions of the Corporation.
Obligatory functions of 1[2[the Corporation]]--3[Subject to the provisions of this Act and any other law for the time being in force, it shall be incumbent] on 1[2[the Corporation]] to make adequate provision by any means or measures which it may lawfully use or take, for each of the following matters, namely:--
(a) the construction, maintenance and cleansing of drains and drainage works and of public latrines, urinals and similar conveniences;
4* * * **
(c) the scavenging, removal and disposal of filth, rubbish and other obnoxious or polluted matters;
5* * * * *
(e) the reclamation of unhealthy localities, the removal of noxious vegetation and generally the abatement of all nuisances;
(f) the regulation of places for the disposal of the dead and the provision and maintenance of places for the said purpose;
(g) the registration of births and deaths;
(h) public vaccination and inoculation;
(i) measures for preventing and checking the spread of dangerous diseases;
(j) the establishment and maintenance of 6*** dispensaries and maternity and child welfare centres and the carrying out of other measures necessary for public medical relief;
7[(jj)) the maintenance including the expansion and upgradation of facilities of the hospitals existing on the date of the commencement of the Delhi Municipal Corporation (Amendment) Act, 1993 (67 of 1993);]
(k) the construction and maintenance of municipal markets and slaughter houses and the regulation of all markets and slaughter houses;.
(l) the regulation and abatement of offensive or dangerous trades or practices;
(m) the securing or removal of dangerous buildings and places;
(n) the construction, maintenance, alteration and improvements of public streets, bridges, culverts, causeways and the like;
(o) the lighting, watering and cleansing of public streets and other public places;
(p) the removal of obstructions and projections in or upon streets, bridges and other public places;
(q) the naming and numbering of streets and premises;
(r) the establishment, maintenance of, and aid to, schools for primary education subject to such grants as may be determined by the Central Government from time to time;
(s) the maintenance of municipal offices;
(t) the laying out or the maintenance of public parks, gardens or recreation grounds;
8* * * * *
(v) the maintenance of monuments and memorials vested in any local authority in Delhi immediately before the commencement of this Act or which may be vested in 1[2[the Corporation]] after such commencement;
(w) the maintenance and development of the value of all properties vested in or entrusted to the management of 1[2[the Corporation]]; and
9[(wa) the preparation of plans for economic development and social justice.]
10[(wb) securing and establishment of e-governance system for citizens' services on an anytime-anywhere basis for better, speedy, accountable and transparent administration;]
(x) the fulfilment of any other obligation imposed by or under this Act or any other law for the time being in force.
(a) the construction, maintenance and cleansing of drains and drainage works and of public latrines, urinals and similar conveniences;
4* * * **
(c) the scavenging, removal and disposal of filth, rubbish and other obnoxious or polluted matters;
5* * * * *
(e) the reclamation of unhealthy localities, the removal of noxious vegetation and generally the abatement of all nuisances;
(f) the regulation of places for the disposal of the dead and the provision and maintenance of places for the said purpose;
(g) the registration of births and deaths;
(h) public vaccination and inoculation;
(i) measures for preventing and checking the spread of dangerous diseases;
(j) the establishment and maintenance of 6*** dispensaries and maternity and child welfare centres and the carrying out of other measures necessary for public medical relief;
7[(jj)) the maintenance including the expansion and upgradation of facilities of the hospitals existing on the date of the commencement of the Delhi Municipal Corporation (Amendment) Act, 1993 (67 of 1993);]
(k) the construction and maintenance of municipal markets and slaughter houses and the regulation of all markets and slaughter houses;.
(l) the regulation and abatement of offensive or dangerous trades or practices;
(m) the securing or removal of dangerous buildings and places;
(n) the construction, maintenance, alteration and improvements of public streets, bridges, culverts, causeways and the like;
(o) the lighting, watering and cleansing of public streets and other public places;
(p) the removal of obstructions and projections in or upon streets, bridges and other public places;
(q) the naming and numbering of streets and premises;
(r) the establishment, maintenance of, and aid to, schools for primary education subject to such grants as may be determined by the Central Government from time to time;
(s) the maintenance of municipal offices;
(t) the laying out or the maintenance of public parks, gardens or recreation grounds;
8* * * * *
(v) the maintenance of monuments and memorials vested in any local authority in Delhi immediately before the commencement of this Act or which may be vested in 1[2[the Corporation]] after such commencement;
(w) the maintenance and development of the value of all properties vested in or entrusted to the management of 1[2[the Corporation]]; and
9[(wa) the preparation of plans for economic development and social justice.]
10[(wb) securing and establishment of e-governance system for citizens' services on an anytime-anywhere basis for better, speedy, accountable and transparent administration;]
(x) the fulfilment of any other obligation imposed by or under this Act or any other law for the time being in force.
1. Subs. by Delhi Act 12 of 2011, s. 2 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 Act 67 of 1993, s. 36, for It shall be incumbent (w.e.f. 1-10-1993).
4. Omitted by s. 36, ibid. (w.e.f. 1-10-1993).
5. Omitted by s. 36, ibid. (w.e.f. 1-10-1993).
6. The word hospitals omitted by s. 36, ibid. (w.e.f. 1-10-1993).
7. Ins. by s. 36, ibid. (w.e.f. 1-10-1993).
8. Omitted by Act 67 of 1993, s. 36 (w.e.f. 1-10-1993).
9. Ins. by s. 36, ibid. (w.e.f. 1-10-1993).
10. Ins. by Act 10 of 2022, s. 6 (w.e.f. 22-5-2022).
2. Subs. by Act 10 of 2022, s. 2, for a Corporation (w.e.f. 22-5-2022).
3. Subs. by Act 67 of 1993, s. 36, for It shall be incumbent (w.e.f. 1-10-1993).
4. Omitted by s. 36, ibid. (w.e.f. 1-10-1993).
5. Omitted by s. 36, ibid. (w.e.f. 1-10-1993).
6. The word hospitals omitted by s. 36, ibid. (w.e.f. 1-10-1993).
7. Ins. by s. 36, ibid. (w.e.f. 1-10-1993).
8. Omitted by Act 67 of 1993, s. 36 (w.e.f. 1-10-1993).
9. Ins. by s. 36, ibid. (w.e.f. 1-10-1993).
10. Ins. by Act 10 of 2022, s. 6 (w.e.f. 22-5-2022).
Section 43 Discretionary functions of the Corporation.
1[Subject to any general or special order of the Government, from time to time, 2[3[the Corporation]] may] provide either wholly or in part for all or any of the following matters, namely:--
(a) the furtherance of education including cultural and physical education, by measures other than the establishment and maintenance of and aid to, schools for primary education;
(b) the establishment and maintenance of, and aid to, libraries, museums, art galleries, botanical or zoological collections;
(c) the establishment and maintenance of, and aid to, stadia, gymnasia, a kharas and places for sports and games;
(d) the planting and care of trees on roadsides and elsewhere;
(e) the surveys of buildings and lands;
(f) the registration of marriages;
(g) the taking of a census of population;
(h) the civic reception to persons of distinction;
(i) the providing of music or other entertainments in public places or places of public resort and the establishment of theatres and cinemas;
(j) the organisation and management of fairs and exhibitions;
(k) the acquisition of movable or immovable property for any of the purposes before mentioned, including payment of the cost of investigations, surveys or examinations in relation thereto for the construction or adaptation of buildings necessary for such purposes;
(l) the construction and maintenance of--
(i) rest-houses,
(ii) poor houses,
(iii) infirmaries,
(iv) children's homes,
(v) houses for the deaf and dumb and for disabled and handicapped children,
(vi) shelters for destitute and disabled persons,
(vii) asylums for persons of unsound mind;
(m) the construction and maintenance of cattle pounds;
(n) the building or purchase and maintenance of dwelling houses for municipal officers and other municipal employees;
(o) any measures for the welfare of the municipal officers and other municipal employees or any class of them including the sanctioning of loans to such officers and employees or any class of them for construction of houses and purchase of vehicles;
(p) the organisation or management of chemical or bacteriological laboratories for the examination or analysis of water, food and drugs for the detection of diseases or research connected with public health or medical relief;
(q) the provision for relief to destitute and disabled persons;
(r) the establishment and maintenance of veterinary hospitals;
(s) the organisation, construction, maintenance and management of swimming pool, public wash houses, bathing places and other institutions designed for the improvement of public health;
(t) the organisation and management of farms and dairies within or without Delhi for the supply, distribution and processing of milk and milk products for the benefit of the residents of 4[the area of the Corporation];
(u) the organisation and management of cottage industries, handicraft centres and sales emporia;
(v) the construction and maintenance of warehouses and godowns;
(w) the construction and maintenance of garages, sheds and stands for vehicles and cattle biers;
(x) the provision for unfiltered water supply;
(y) the improvement of 4[5[Delhi]] in accordance with improvement schemes approved by 2[3[the Corporation]];
(z) the provision of housing accommodation for the inhabitants of any area or for any class of inhabitants; and
(za) any measure not hereinbefore specifically mentioned, likely to promote public safety, health, convenience or general welfare.
(a) the furtherance of education including cultural and physical education, by measures other than the establishment and maintenance of and aid to, schools for primary education;
(b) the establishment and maintenance of, and aid to, libraries, museums, art galleries, botanical or zoological collections;
(c) the establishment and maintenance of, and aid to, stadia, gymnasia, a kharas and places for sports and games;
(d) the planting and care of trees on roadsides and elsewhere;
(e) the surveys of buildings and lands;
(f) the registration of marriages;
(g) the taking of a census of population;
(h) the civic reception to persons of distinction;
(i) the providing of music or other entertainments in public places or places of public resort and the establishment of theatres and cinemas;
(j) the organisation and management of fairs and exhibitions;
(k) the acquisition of movable or immovable property for any of the purposes before mentioned, including payment of the cost of investigations, surveys or examinations in relation thereto for the construction or adaptation of buildings necessary for such purposes;
(l) the construction and maintenance of--
(i) rest-houses,
(ii) poor houses,
(iii) infirmaries,
(iv) children's homes,
(v) houses for the deaf and dumb and for disabled and handicapped children,
(vi) shelters for destitute and disabled persons,
(vii) asylums for persons of unsound mind;
(m) the construction and maintenance of cattle pounds;
(n) the building or purchase and maintenance of dwelling houses for municipal officers and other municipal employees;
(o) any measures for the welfare of the municipal officers and other municipal employees or any class of them including the sanctioning of loans to such officers and employees or any class of them for construction of houses and purchase of vehicles;
(p) the organisation or management of chemical or bacteriological laboratories for the examination or analysis of water, food and drugs for the detection of diseases or research connected with public health or medical relief;
(q) the provision for relief to destitute and disabled persons;
(r) the establishment and maintenance of veterinary hospitals;
(s) the organisation, construction, maintenance and management of swimming pool, public wash houses, bathing places and other institutions designed for the improvement of public health;
(t) the organisation and management of farms and dairies within or without Delhi for the supply, distribution and processing of milk and milk products for the benefit of the residents of 4[the area of the Corporation];
(u) the organisation and management of cottage industries, handicraft centres and sales emporia;
(v) the construction and maintenance of warehouses and godowns;
(w) the construction and maintenance of garages, sheds and stands for vehicles and cattle biers;
(x) the provision for unfiltered water supply;
(y) the improvement of 4[5[Delhi]] in accordance with improvement schemes approved by 2[3[the Corporation]];
(z) the provision of housing accommodation for the inhabitants of any area or for any class of inhabitants; and
(za) any measure not hereinbefore specifically mentioned, likely to promote public safety, health, convenience or general welfare.
1 Subs. by Act 67 of 1993, s. 37, for "The Corporation may in its discretion" (w.e.f. 1-10-1993).
2. Subs. by Delhi Act 12 of 2011, s. 2 "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. Subs. by Delhi Act 12 of 2011, s. 2, for "Delhi" (w.e.f. 13-1-2012).
5. Subs. by Act 10 of 2022, s. 2, for "the area of the Corporation" (w.e.f. 22-5-2022).
2. Subs. by Delhi Act 12 of 2011, s. 2 "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. Subs. by Delhi Act 12 of 2011, s. 2, for "Delhi" (w.e.f. 13-1-2012).
5. Subs. by Act 10 of 2022, s. 2, for "the area of the Corporation" (w.e.f. 22-5-2022).
Section 44 Enumeration of municipal authorities.
1[44. Enumeration of municipal authorities.---For the efficient performance of its functions, there shall be the following municipal authorities under 2[3[the Corporation]], namely:--
(a) the Standing Committee;
(b) the Wards Committee; and
(c) the Commissioner.]
(a) the Standing Committee;
(b) the Wards Committee; and
(c) the Commissioner.]
1. Subs. by Act 67 of 1993, s. 38, for section 44 (w.e.f 1-10-1993).
2. Subs. by Act 10 of 2022, s. 2, for “the area of the Corporation” (w.e.f. 22-5-2022).
3. Subs. by Delhi Act 12 of 2011, s. 2 “the Corporation” (w.e.f. 13-1-2012).
2. Subs. by Act 10 of 2022, s. 2, for “the area of the Corporation” (w.e.f. 22-5-2022).
3. Subs. by Delhi Act 12 of 2011, s. 2 “the Corporation” (w.e.f. 13-1-2012).
Section 45 Constitution of the Standing Committee.
1[(1) The Standing Committee shall consist off---
(i) six members elected by the councillors from among themselves at the first meeting of 2[3[the Corporation]];
(ii) one member each elected by the members of each Wards Committee from among themselves at the first meeting of the Wards Committee;
after each general election or as soon as possible at any other meeting subsequent thereto.]
(2) On and 4[from such date as may be determined by 2[3[the Corporation]] by resolution] the Standing Committee shall be deemed to have been constituted.
5[(3) One-half of the members referred to in clause (i) of sub-section (1) and one-half of the members referred to in clause (ii) of that sub-section shall retire on the expiration of one year from the date of the constitution of the Standing Committee after the commencement of the Delhi Municipal Corporation (Amendment) Act, 1993 (27 of 1993), and for that purpose they shall be selected by lot from amongst their respective categories before the said expiration in such manner as the Chairman of the Standing Committee may determine;]
(4) During each succeeding year the members who have been longest in office shall retire therefrom:
Provided that in the case of a member who has been re-elected the term of his office shall for the purpose of this sub-section be computed from the date of his re-election.
6[(5) 7[8[The Corporation]] or the concerned Wards Committee as the case may be, shall in a meeting held immediately before the occurrence of the vacancies caused by the retirement of the members under sub-section (3) or sub-section (4), elect the requisite member or members from amongst the councillors or from amongst members of the Wards Committee, as the case may be, to fill up those vacancies.]
(6) Any councillor 9*** who ceases to be a member of the Standing Committee shall be eligible for re-election.
(i) six members elected by the councillors from among themselves at the first meeting of 2[3[the Corporation]];
(ii) one member each elected by the members of each Wards Committee from among themselves at the first meeting of the Wards Committee;
after each general election or as soon as possible at any other meeting subsequent thereto.]
(2) On and 4[from such date as may be determined by 2[3[the Corporation]] by resolution] the Standing Committee shall be deemed to have been constituted.
5[(3) One-half of the members referred to in clause (i) of sub-section (1) and one-half of the members referred to in clause (ii) of that sub-section shall retire on the expiration of one year from the date of the constitution of the Standing Committee after the commencement of the Delhi Municipal Corporation (Amendment) Act, 1993 (27 of 1993), and for that purpose they shall be selected by lot from amongst their respective categories before the said expiration in such manner as the Chairman of the Standing Committee may determine;]
(4) During each succeeding year the members who have been longest in office shall retire therefrom:
Provided that in the case of a member who has been re-elected the term of his office shall for the purpose of this sub-section be computed from the date of his re-election.
6[(5) 7[8[The Corporation]] or the concerned Wards Committee as the case may be, shall in a meeting held immediately before the occurrence of the vacancies caused by the retirement of the members under sub-section (3) or sub-section (4), elect the requisite member or members from amongst the councillors or from amongst members of the Wards Committee, as the case may be, to fill up those vacancies.]
(6) Any councillor 9*** who ceases to be a member of the Standing Committee shall be eligible for re-election.
1. Subs. by Act 67 of 1993, s. 39, for sub-section (1) (w.e.f. 1-10-1993).
2. Subs. by Act 10 of 2022, s. 2, for "the area of the Corporation" (w.e.f. 22-5-2022).
3. Subs. by Delhi Act 12 of 2011, s. 2 "the Corporation" (w.e.f. 13-1-2012).
4. Subs. by Act 67 of 1993, s. 39, for "from the date of such election" (w.e.f. 1-10-1993).
5. Subs. by s. 39, ibid., for sub-section (3) (w.e.f. 1-10-1993).
6. Subs. by s. 39, ibid., for sub-section (5) (w.e.f. 1-10-1993).
7. Subs. by Delhi Act 12 of 2011, s. 2, for "the Corporation" (w.e.f. 13-1-2012).
8. Subs. by Act 10 of 2022, s. 2, for "A Corporation" (w.e.f. 22-5-2022).
9. The words "or alderman" omitted by Act 67 of 1993, s. 39 w.e.f. 1-10-1993).
2. Subs. by Act 10 of 2022, s. 2, for "the area of the Corporation" (w.e.f. 22-5-2022).
3. Subs. by Delhi Act 12 of 2011, s. 2 "the Corporation" (w.e.f. 13-1-2012).
4. Subs. by Act 67 of 1993, s. 39, for "from the date of such election" (w.e.f. 1-10-1993).
5. Subs. by s. 39, ibid., for sub-section (3) (w.e.f. 1-10-1993).
6. Subs. by s. 39, ibid., for sub-section (5) (w.e.f. 1-10-1993).
7. Subs. by Delhi Act 12 of 2011, s. 2, for "the Corporation" (w.e.f. 13-1-2012).
8. Subs. by Act 10 of 2022, s. 2, for "A Corporation" (w.e.f. 22-5-2022).
9. The words "or alderman" omitted by Act 67 of 1993, s. 39 w.e.f. 1-10-1993).
Section 46 Casual vacancies.
(1) When a casual vacancy occurs in the office of a member of the Standing Committee, 1[Corporation or, as the case may be, Wards Committee shall] fill up the vacancy, as soon as may be after, and in any case within one month of, the occurrence of the vacancy, by the election of another councillor or 2[persons referred to in sub-clause (i) of clause (b) of sub-section (3)] of section 3.]
(2) A member elected to fill a casual vacancy shall be elected to serve for the remainder of his predecessor's term of office
(2) A member elected to fill a casual vacancy shall be elected to serve for the remainder of his predecessor's term of office
1. Subs. by s. 40, ibid., for "Corporation shall" (w.e.f. 1-10-1993).
2. Subs. by s. 40, ibid., for "alderman" (w.e.f. 1-10-1993).
2. Subs. by s. 40, ibid., for "alderman" (w.e.f. 1-10-1993).
Section 47 Chairman and Deputy Chairman of the Standing Committee.
(1) The Standing Committee shall at its first meeting in each year elect one of its members 1[who is a councillor] to be the Chairman and another member to be the Deputy Chairman.
(2) The Chairman or the Deputy Chairman of the Standing Committee shall hold office from the date of his election until the election of his successor in office unless in the meantime he resigns his office as Chairman or Deputy Chairman or his term of office as member of the Standing Committee is in any manner determined or unless in the case of the Deputy Chairman he is elected as Chairman.
(3) On the occurrence of any casual vacancy in the office of the Chairman or the Deputy Chairman, the Standing Committee shall within one month of the occurrence of such vacancy elect one of its members 1[who is a councillor] as Chairman or Deputy Chairman, as the case may be, and the Chairman or the Deputy Chairman so elected shall hold office for the remainder of his predecessor's term.
(2) The Chairman or the Deputy Chairman of the Standing Committee shall hold office from the date of his election until the election of his successor in office unless in the meantime he resigns his office as Chairman or Deputy Chairman or his term of office as member of the Standing Committee is in any manner determined or unless in the case of the Deputy Chairman he is elected as Chairman.
(3) On the occurrence of any casual vacancy in the office of the Chairman or the Deputy Chairman, the Standing Committee shall within one month of the occurrence of such vacancy elect one of its members 1[who is a councillor] as Chairman or Deputy Chairman, as the case may be, and the Chairman or the Deputy Chairman so elected shall hold office for the remainder of his predecessor's term.
1. Ins. by Act 67 of 1993, s. 41 (w.e.f. 1-10-1993).
Section 48 Resignation of Chairman and members of the Standing Committee.
(1) Any member of the Standing Committee may resign his office by writing under his hand addressed to the Chairman; and the Chairman may resign his office by writing under his hand addressed to the Mayor.
(2) A resignation under sub-section (1) shall take effect from the date specified for the purpose in the writing referred to in that sub-section, or if no such date is specified, from the date of its receipt by the Chairman or the Mayor, as the case may be.
(2) A resignation under sub-section (1) shall take effect from the date specified for the purpose in the writing referred to in that sub-section, or if no such date is specified, from the date of its receipt by the Chairman or the Mayor, as the case may be.
Section 49 Functions of the Standing Committee.
The Standing Committee shall exercise such powers and perform such functions as are specifically conferred or imposed upon it by or under this Act.
Section 50 Constitution of the Wards Committee. 1 docs
1[50. Constitution of the Wards Committee.-- (1) For each Zone shall be a Wards Committee which shall consist of,--
(a) all the councillors elected from the wards comprised in that Zone; and
(b) the person, if any, nominated by the Administrator under sub-clause (i) of clause (b) of sub-section (3) of section 3 if his name is registered as an elector within the territorial limits of the Zone concerned.
(2) The Wards Committee shall be deemed to have been constituted from the date on which the Corporation is constituted after each general election.]
(a) all the councillors elected from the wards comprised in that Zone; and
(b) the person, if any, nominated by the Administrator under sub-clause (i) of clause (b) of sub-section (3) of section 3 if his name is registered as an elector within the territorial limits of the Zone concerned.
(2) The Wards Committee shall be deemed to have been constituted from the date on which the Corporation is constituted after each general election.]
1. Subs. by Act 67 of 1993, s. 42, for the heading and sections 50 to 53 (w.e.f. 1-10-1993).
Section 51 Application of sections 47 and 48.
1[51. Application of sections 47 and 48.-- The provisions of sections 47 and 48 shall apply in relation to a Wards Committee as they apply in relation to the Standing Committee.]
1. Subs. by Act 67 of 1993, s. 42, for the heading and sections 50 to 53 (w.e.f. 1-10-1993).
Section 52 Powers and functions of the Wards Committee.
1[52. Powers and functions of the Wards Committee.-- (1) Subject to the provisions of this Act, every Wards Committee shall exercise the powers and perform the functions as specified in the Fifteenth Schedule on behalf of 2[3[the Corporation]] in relation to that Zone.
(2) 4[The Central Government may] , after consultation with the Government, by notification in the Official Gazette, amend the Fifteenth Schedule.
(3) When any question arises as to whether any matter falls within the purview of a Wards Committee or 2[3[the Corporation]], it shall be referred to the Government, and the decision of that Government thereon shall be final.]
(2) 4[The Central Government may] , after consultation with the Government, by notification in the Official Gazette, amend the Fifteenth Schedule.
(3) When any question arises as to whether any matter falls within the purview of a Wards Committee or 2[3[the Corporation]], it shall be referred to the Government, and the decision of that Government thereon shall be final.]
1. Subs. by Act 67 of 1993, s. 42, for the heading and sections 50 to 53 (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. Subs. by Delhi Act 12 of 2011, s. 10, for “The Central Government may, after consultation with the Government” (w.e.f. 13-1-2012).
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. Subs. by Delhi Act 12 of 2011, s. 10, for “The Central Government may, after consultation with the Government” (w.e.f. 13-1-2012).
Section 54 Appointment, etc., of the Commissioner.
(1) The Central Government shall, by notification in the Official Gazette, appoint a suitable person as the Commissioner of 1[2[the Corporation]].
(2) The Commissioner so appointed shall hold office for a term of five years in the first instance:
Provided that his appointed may be renewed from time to time for a term not exceeding one year at a time:
Provided further that where the Commissioner holds a lien on any service under the Government, the Central Government may at any time after reasonable notice to 1[2[the Corporation]] replace his services at the disposal of that Government.
(3) The Central Government
(a) shall remove the Commissioner from office if at a special meeting of 1[2[the Corporation]] called for the purpose a resolution for such removal has been passed by a majority of not less than threefifths of the total number of members;
(b) may remove the Commissioner from office at any time if it appears, to that Government that he is incapable of performing the duties of his office or has been guilty of neglect or misconduct in the discharge of such duties which renders his removal expedient.
(4) The Commissioner shall not undertake any work unconnected with his office without the sanction of the Central Government and of 1[2[the Corporation]].
(2) The Commissioner so appointed shall hold office for a term of five years in the first instance:
Provided that his appointed may be renewed from time to time for a term not exceeding one year at a time:
Provided further that where the Commissioner holds a lien on any service under the Government, the Central Government may at any time after reasonable notice to 1[2[the Corporation]] replace his services at the disposal of that Government.
(3) The Central Government
(a) shall remove the Commissioner from office if at a special meeting of 1[2[the Corporation]] called for the purpose a resolution for such removal has been passed by a majority of not less than threefifths of the total number of members;
(b) may remove the Commissioner from office at any time if it appears, to that Government that he is incapable of performing the duties of his office or has been guilty of neglect or misconduct in the discharge of such duties which renders his removal expedient.
(4) The Commissioner shall not undertake any work unconnected with his office without the sanction of the Central Government and of 1[2[the Corporation]].
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 55 Salary and allowances of the Commissioner. 1 docs
The Commissioner shall be paid out of the Municipal Fund such monthly salary and such monthly allowances, if any, as may from time to time be fixed by 1[2[the Central Government]] and may be given such facilities (if any) in relation to residential accommodation, conveyance and the like as may from time to time be fixed by that Government:
Provided that the salary of the Commissioner shall not be varied to his disadvantage after his appointment.
Provided that the salary of the Commissioner shall not be varied to his disadvantage after his appointment.
1. 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 “Government” (w.e.f. 22-5-2022).
2. Subs. by Act 10 of 2022, s. 2, for “Government” (w.e.f. 22-5-2022).
Section 56 Leave of absence of Commissioner. 1 docs
(1) Leave may be granted to the Commissioner by the Standing Committee.
(2) Whenever such leave is granted to the Commissioner 1[2[the Central Government]] shall appoint another person to officiate as Commissioner in his place.
(2) Whenever such leave is granted to the Commissioner 1[2[the Central Government]] shall appoint another person to officiate as Commissioner in his place.
1. 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 "Government" (w.e.f. 22-5-2022).
2. Subs. by Act 10 of 2022, s. 2, for "Government" (w.e.f. 22-5-2022).
Section 57 Appointment of officiating Commissioner in case of death, resignation or removal of Commissioner. 2 docs
If any vacancy occurs in the office of the Commissioner on account of death, resignation or removal, 1[2[the Central Government]] may appoint another person to officiate as Commissioner in his place for a term not exceeding two months, pending the appointment of a Commissioner under section 54.
1. 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 “Government” (w.e.f. 22-5-2022).
2. Subs. by Act 10 of 2022, s. 2, for “Government” (w.e.f. 22-5-2022).
Section 58 Service regulations of Commissioner. 1 docs
(1) If the Commissioner is an officer in the service of the Government, 1[2[the Corporation]] shall make such contribution towards his leave allowances, pension and provident fund as may be required by the conditions of his service under the Government, to be paid by him or for him, as the case may be.
(2) If the Commissioner is not an officer in the service of the Government, his leave and leave allowances, his superannuation or retirement, his gratuity or pension and the proportions of his pensionary or provident fund contribution payable respectively from his salary and from the Municipal Fund shall be governed by rules:
Provided that--
(a) the amount of any such leave and leave allowances, gratuity or pension shall in no case, without the special sanction of the Central Government, exceed what would be admissible in the case of Government servants of similar standing and status; and
(b) the conditions under which such allowances, gratuity or pension are granted or any leave, superannuation or retirement is sanctioned shall not without similar sanction be more favourable than those for the time being prescribed for such Government servants.
(2) If the Commissioner is not an officer in the service of the Government, his leave and leave allowances, his superannuation or retirement, his gratuity or pension and the proportions of his pensionary or provident fund contribution payable respectively from his salary and from the Municipal Fund shall be governed by rules:
Provided that--
(a) the amount of any such leave and leave allowances, gratuity or pension shall in no case, without the special sanction of the Central Government, exceed what would be admissible in the case of Government servants of similar standing and status; and
(b) the conditions under which such allowances, gratuity or pension are granted or any leave, superannuation or retirement is sanctioned shall not without similar sanction be more favourable than those for the time being prescribed for such Government servants.
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 59 Functions of the Commissioner. 1 docs
Save as otherwise provided in this Act, the entire executive power for the purpose of carrying out the provisions of this Act 1*** 2*** and of any other Act for the time being in force which confers any power or imposes any duty on the Corporation, shall vest in the Commissioner who shall also—
(a) exercise all the powers and perform all the duties specifically conferred or imposed upon him by this Act or by any other law for the time being in force;
(b) prescribe the duties of, and exercise supervision and control over the acts and proceedings of, all municipal officers and other municipal employees other the Municipal Secretary and the Municipal Chief Auditor and the municipal officers and other municipal employees immediately subordinate to them and subject to any regulation that may be made in this behalf, dispose of all questions relating to the service of the said officers and other employees and their pay, privileges, allowances and other conditions of service;
(c) on the occurrence or threatened occurrence of any sudden accident or any unforseen event or natural calamity involving or likely to involve extensive damage to any property of the Corporation, or danger to human life, take such immediate action as he considers necessary and make a report forthwith to the Standing Committee and the Corporation of the action he has taken and the reasons for the same as also of the amount of cost, if any, incurred or likely to be incurred in consequence of such action, which is not covered by a budget grant;
3[(d) subject to any regulation that may be made in this behalf, be the disciplinary authority in relation to all municipal officers and other municipal employees.]
(a) exercise all the powers and perform all the duties specifically conferred or imposed upon him by this Act or by any other law for the time being in force;
(b) prescribe the duties of, and exercise supervision and control over the acts and proceedings of, all municipal officers and other municipal employees other the Municipal Secretary and the Municipal Chief Auditor and the municipal officers and other municipal employees immediately subordinate to them and subject to any regulation that may be made in this behalf, dispose of all questions relating to the service of the said officers and other employees and their pay, privileges, allowances and other conditions of service;
(c) on the occurrence or threatened occurrence of any sudden accident or any unforseen event or natural calamity involving or likely to involve extensive damage to any property of the Corporation, or danger to human life, take such immediate action as he considers necessary and make a report forthwith to the Standing Committee and the Corporation of the action he has taken and the reasons for the same as also of the amount of cost, if any, incurred or likely to be incurred in consequence of such action, which is not covered by a budget grant;
3[(d) subject to any regulation that may be made in this behalf, be the disciplinary authority in relation to all municipal officers and other municipal employees.]
1. The words "other than those pertaining to the Delhi Electric Supply Undertaking" omitted by Act 67 of 1993, s. 43 (w.e.f. 1-10-1993).
2. The words "on the Delhi Transport Undertaking" omitted by Act 71 of 1971, s. 7(b) and the Second Schedule (w.e.f. 3-11-1971).
3. Subs. by Act 67 of 1993, s. 43, for clause (d) (w.e.f. 1-10-1993).
2. The words "on the Delhi Transport Undertaking" omitted by Act 71 of 1971, s. 7(b) and the Second Schedule (w.e.f. 3-11-1971).
3. Subs. by Act 67 of 1993, s. 43, for clause (d) (w.e.f. 1-10-1993).
Section 60 [Omitted.].
[Appointment, etc. of the General Managers.] Omitted by the Delhi Municipal, Corporation (Amendment) Act, 1993 (67 of 1993), s. 44 (w.e.f. 1-10-1993).
Section 61 [Omitted.].
[Salary and Allowances of General Managers.] Omitted by s. 44, ibid. (w.e.f. 1-10-1993).