[10
OF 2022] [18th
April 2022] An Act further to amend the
Delhi Municipal Corporation Act, 1957. BE it enacted by Parliament
in the Seventy-third Year of the Republic of India as follows:- (1)
This Act may be called the Delhi Municipal
Corporation (Amendment) Act, 2022. (2)
It shall come into force on such date as the
Central Government may, by notification in the Official Gazette, appoint: 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. (a)
for the words "A Corporation",
"every Corporation", "each Corporation" or the word
"Corporations", wherever they occur in the Act, the words "The
Corporation" or "the Corporation", as the case may be, shall be
substituted; (b)
in sub-section (3) of section 36, sub-section
(1) of section 41, clause (y) of section 43, clauses (b) and (c) of section 70,
sub-section (1) of section 109, sub-section (1) of section 147, clause (d) of
section 301, section 355, sub-section (1) of section 394, clause (a) of
sub-section (1) of section 399 and section 481, for the words "the area of
the Corporation" wherever they occur, the word "Delhi" shall,
subject to such changes as the rules of grammar require, be substituted; (c)
in sections 1, 3A, 5, 6, 32A, 55, 56, 57,
193, 330A and 499, for the word "Government", wherever it occurs, the
words "Central Government" shall be substituted. (a)
in clause (6), for the words "a
Corporation", the words "the Corporation" shall be substituted; (b)
in clause (7), for the words "a
Corporation of Delhi", the words "the Municipal Corporation of
Delhi" shall be substituted. "ESTABLISHMENT OF
MUNICIPAL CORPORATION OF DELHI Constitution of Municipal
Corporation". (a)
for sub-sections (1) and (1A), the following
sub-section shall be substituted, namely:- "(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."; (b)
in sub-section (2), for the word
"Government", the words "Central Government" shall be
substituted; (c)
for sub-sections (5) and (6), the following
sub-sections shall be substituted, namely:- "(5)
The total number of seats of councillors
and the number of seats reserved for the members of the Scheduled Castes in the
Corporation, shall, at the time of establishment of Corporation, be as
determined by the Central Government by notification in the Official Gazette. (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 two hundred and fifty and the
number of seats in the Corporation shall be determined by the Central
Government at the time of the establishment of the Corporation: 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 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.". "(wb)
securing and establishment of e-governance system for citizens services on an
anytime-anywhere basis for better, speedy, accountable and transparent
administration;". "90A.
Officers of erstwhile Corporations to become officers of Corporation. (1)
On the date of establishment of the
Corporation under sub-section (1) of section 3, the officers and employees of
the erstwhile North Delhi Municipal Corporation, South Delhi Municipal
Corporation and East Delhi Municipal Corporation shall, with immediate effect,
become the officers and employees of the Corporation. (2)
For the purposes of sub-section (1), the
Government may make such rules as may be required.". "(3)
The contracts already made in accordance
with the provisions of the bye-laws made under this Act prior to the
commencement of the Delhi Municipal Corporation (Amendment) Act, 2022 shall be
deemed to have been executed by the Commissioner on behalf of the Corporation
constituted under sub-section (1) of section 3 and shall continue until the expiry
of the validity period of such contracts.". "(1A)
The service of notices, summons and other documents referred to in sub-section
(1) may be made by delivering or transmitting a copy thereof by registered post
acknowledgment due, addressed to the defendant or his agent empowered to accept
the service or by speed post or by such courier services as are approved by the
High Court or by any other means of transmission of documents (including fax
message or electronic mail service) as may be provided by rules made by the
High Court.". (a)
in sub-section (2), after the word and
figures "section 31", the words, brackets, figures and letter
"and every notification issued under sub-section (2) of section 3A"
shall be inserted; (b)
in sub-section (3), the words, brackets,
figures and letter "sub-section (2) of section 3A and" shall be
omitted. "514A.
Appointment of Special Officer Notwithstanding anything
contained in this Act, the Central Government may, if necessary, appoint a
person to be called the Special Officer, to exercise the power and discharge
the functions of the Corporation until the date on which the first meeting of
the Corporation is held after the commencement of the Delhi Municipal
Corporation (Amendment) Act, 2022. 514AA.
Transitional provisions On and from the commencement
of the Delhi Municipal Corporation (Amendment) Act, 2022,- (a)
the North Delhi Municipal Corporation, the
South Delhi Municipal Corporation and the East Delhi Municipal Corporation
(hereafter referred to as the erstwhile Corporations) shall be subsumed with,
and become part of the Municipal Corporation of Delhi; (b)
any reference to the erstwhile Corporations
in any contract or other instrument shall be deemed as a reference to the
Municipal Corporation of Delhi; (c)
all properties, movable and immovable, of or
belonging to the erstwhile Corporations shall vest in the Municipal Corporation
of Delhi; (d)
all the rights and liabilities of the
erstwhile Corporations shall be transferred to, and be the rights and
liabilities of, the Municipal Corporation of Delhi; (e)
any pending proceedings, including any
disciplinary, arbitration, appeal or other legal proceedings, of whatever
nature, by or against the erstwhile Corporations shall be continued or enforced
by or against the Municipal Corporation of Delhi; (f)
any rules, regulations and bye-laws made
prior to such commencement, shall, in so far as they are consistent with the
provisions of the Act, continue to be applicable till new rules, regulations
and bye-laws are made.". (1)
If any difficulty arises in giving effect to
the provisions of this Act, the Central Government may, by order published in
the Official Gazette, make such provisions, not inconsistent with the
provisions of this Act, as may appear to it to be necessary, for removing the
difficulty: Provided that no order shall
be made under this section after the expiry of a period of two years from the
commencement of this Act. (2)
Every order made under this section shall be
laid, as soon as may be after it is made, before each House of Parliament.Delhi
Municipal Corporation (Amendment) Act, 2022
In the Delhi Municipal Corporation Act, 1957 (hereinafter referred to as the
principal Act),-
In the principal Act, in section 2,-
In Chapter II, for the heading and sub-heading, the following heading and
sub-heading shall be substituted, namely:-
In the principal Act, in section 3,-
In the principal Act, in section 42, after clause (wa), the following clause
shall be inserted, namely:-
In the principal Act, for section 90A, the following section shall be
substituted, namely:-
In the principal Act, in section 203, for sub-section (3), the following
sub-section shall be substituted, namely:-
In the principal Act, section 388 shall be omitted.
In the principal Act, in section 444, after sub-section (1), the following
sub-section shall be inserted, namely:-
In the principal Act, in section 479,-
In the principal Act, section 484A shall be omitted.
In the principal Act, for section 514A, the following sections shall be
substituted, namely:-