Sec 479 to 484 Chapter XXIII (Rules, Regulations and Bye-Laws) The Delhi Municipal Corporation Act, 1957

479. Supplemental provisions respecting rules.—

(1) Any rule which the Central Government is empowered to make under this Act may provide that any contravention thereof shall be punishable with fine which may extend to one hundred rupees.

[(2) Every rule made under this Act, every notification issued under sub-section (2) of section 3A and sub-section (2) of section 52 and bye-laws made by the Central Government under section 349A shall be laid as soon as may be after it is made or issued before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, bye-law or notification or both Houses agree that the rule, bye-law or notification should not be made or issued, the rule, bye-law or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, bye-law or notification.

1. Subs. by Act 67 of 1993, s. 119, for sub-section (2) (w.e.f. 1-10-1993). 

480. Supplemental provisions respecting regulations.—

(1) Any regulation which may be made by the Corporation under this Act, may be made by the Central Government within one year of the establishment of the Corporation; and any regulation so made may be altered or rescinded by the Corporation in the exercise of its powers under this Act.

(2) No regulation made by the Corporation under this Act shall have effect until it has been approved by the Central Government and published in the Official Gazette.

481. Power to make bye-laws.—

(1) Subject to the provisions of this Act the Corporation may, in addition to any bye-laws which it is empowered to make by any other provision of this Act, make bye-laws to provide for all or any of the following matters, namely:—

A. Bye-laws relating to taxation

(1) the maintenance of tax books and registers by the Commissioner and the particulars which such books and registers should contain;

(2) the inspection of and the obtaining of copies and extracts from such books and registers and fees, if any, to be charged for the same;

(3) the publication of rates of taxes as determined by the Corporation from time to time;

(4) the requisition by the Commissioner of information and returns from persons liable to pay taxes;

(5) the notice to be given to the Commissioner by any person who becomes the owner or possessor of a vehicle or animal in respect of which any tax is payable under this Act;

(6) the wearing of badge by the driver of any such vehicle and the display of number plate on such vehicle;

(7) the submission of returns by persons liable to pay any tax under this Act;

(8) the collection by the registrar or sub-registrar of Delhi appointed under the Indian Registration Act, 1908 (16 of 1908), of the additional stamp duty payable to the Corporation under this Act, the periodical payment of such duty to the Corporation and the maintenance, by such registrar or sub registrar of separate accounts in relation thereto;

(9) any other matter relating to the levy, assessment, collection, refund or remission of taxes under this Act;

1 * * * * *

2 * * * * *

E. Bye-laws relating to streets

(1) the closure of streets when any work is in progress and alternative passage during the progress of such work;

(2) the erections of a temporary nature during festivals;

(3) the setting up of hoards on buildings adjacent to streets during their construction or repair;

(4) the precautions to be taken when permission is granted to any private individual for opening or breaking up any public street and the fees to be paid for the restoration of a street in its original condition;

(5) the permission, regulation or prohibition of use or occupation of any street or place by intinerant vendors or hawkers or by any person for the sale of articles or the exercise of any calling or the setting up of any booth or stall and the fees chargeable for such occupation;

(6) any other matter in connection with the construction, repair, maintenance, naming, numbering and lighting of streets for which provision is necessary or should be made;

3 * * * * *

G. Bye-laws relating to sanitation and public health

(1) the position of latrines and urinals;

(2) the provision of air spaces between latrines and buildings or places used for various purposes;

(3) the white-washing of buildings;

(4) the provision of living accommodation for sweepers in buildings newly erected requiring ten or more latrines;

(5) the regulation or prohibition of the stabling or herding of animals or any class of animals so as to prevent danger to public health;

(6) the seizure of ownerless animals straying within the limits of Delhi and the regulation and control of pounds;

(7) the fixing and regulation of the use of public bathing and washing places;

(8) the prevention of the spread of dangerous disease;

(9) the segregation in or the removal or exclusion from any part of Delhi or the destruction of animals suffering or reasonably suspected to be suffering from any infectious or contagious disease;

(10) the supervision, regulation, conservation and protection from injury, contamination or trespass, of sources and means of public water supply and of appliances for the distribution of water;

(11) the enforcement of compulsory vaccination and inoculation;

(12) the proper disposal of corpses, the regulation and management of burning and burial places and other places for the disposal of corpses and the fees chargeable for the use of such places where the same are provided or maintained at the expense of the Municipal Fund;

H. Bye-laws relating to vital statistics

(1) the prescribing of qualifications of persons to be appointed as registrars under Chapter XVIII;

(2) the registration of births, deaths and marriages and the taking of a census;

I. Bye-laws relating to public safety and suppression of nuisances

The regulation or prohibition for the purpose of sanitation or the prevention of disease or the promotion of public safety or convenience, of any act which occasions or is likely to occasion a nuisance and for the regulation or prohibition of which on provision is made elsewhere by this Act;

J. Bye-laws relating to markets, slaughter houses, trades and occupations

(1) the days on, and the hours during which any market or slaughter house may be kept open for use;

(2) the regulation of the design, ventilation and drainage of markets and slaughter houses and the materials to be used in the construction thereof;

(3) the keeping of markets and slaughter houses and the lands and buildings appertaining thereto in a clean and sanitary condition, the removal of filth, rubbish and other polluted and obnoxious matter therefrom and the supply therein of pure water and of a sufficient number of latrines and urinals for the use of persons using or frequenting the same;

(4) the manner in which animals shall be admitted in a slaughter house;

(5) the manner in which animals may be slaughtered;

(6) the provision of passages of sufficient width between the stalls in market buildings and market places for the convenient use of the public and the prevention of encroachment of such passages;

(7) the setting apart of separate areas for different classes of articles in market buildings and market places;

(8) the disposal or destruction of animals offered for slaughter which are, from disease or any other cause, unfit for human consumption;

(9) the destruction of carcasses which from any disease or any other cause are found after slaughter to be unfit for human consumption;

(10) the regulation of the entry of animals into slaughter house and the bringing out of the carcasses of such animals after slaughter and the fee to be paid for use of slaughter houses;

(11) the proper custody and care of animals for the keeping of which licences are granted under section 417;

(12) the regulation of the import of animals and flesh within Delhi; 

(13) the rendering necessary of licences for the use of premises within Delhi as stables or cow-houses or as an accommodation for sheep, goat or buffalo, and the fees payable for such licences and the conditions subject to which such licences may be granted, refused, suspended or revoked;

(14) the regulation of sarais, hotels, dak bungalows, lodging houses, boarding houses, buildings, let-in-tenements, residential clubs, restaurants, eating houses, cafes, refreshment rooms and places of public recreation, entertainment or resort;

(15) the control and supervision of places where dangerous or offensive trades are carried on so to secure cleanlines therein or to minimise injurious, offensive or dangerous effects arising or likely to arise therefrom;

(16) the regulation of the posting of bills and advertisements and of the position, size, shade or style of the name boards, sign-boards and sign-posts;

(17) the fixation of a method for the sale of articles whether by measure, weight; piece or any other method;

(18) the procedure regarding the grant of permit to establish a factory, workshop or trade premises;

(19) the regulation of smoke in factories workshops and trade premises;

(20) the regulation of sanitary conditions in factories, workshops, and trade premises;

(21) the regulation of the use in any factory, workshop or trade premises of whistle, trumpet, siren, or horn worked by steam, compressed air, electricity or other mechanical means;

(22) the prevention of nuisance in any market building, market place, slaughter house or any factory, workshop or trade premises;

K. Bye-laws relating to improvement

(1) the form and content of an improvement scheme or a rehousing scheme;

(2) the procedure to be followed in connection with the framing, submission, approval and sanction of such schemes;

(3) the local inquiries and other hearings that may be held before a scheme is framed, approved or sanctioned;

(4) the alteration of an improvement scheme or a rehousing scheme after approval and sanction;

L. Bye-laws relating to miscellaneous matters

1 * * * * *

(2) the circumstances and the manner in which owners of land or building in Delhi temporarily absent therefrom or not resident therein may be required to appoint as their agents for all or any of the purposes of this Act or of any bye-laws made thereunder, persons residing within or near Delhi;

(3) the maintenance of schools and the furtherance of education generally;

(4) the regulation and control of municipal hospitals and dispensaries;

(5) the rendering necessary of licences—

(a) for the proprietors or drivers of hackney-carriages, cycle-rickshaws, thelas and rehries kept or plying for hire or used for hawking articles;

(b) for persons working as job-porters for the conveyance of goods;

(6) the classification of cinema theatres for the purposes of the Fourth Schedule; 

(7) any other matter which is to be or may be prescribed by bye-laws made under this Act or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Corporation, necessary for the efficient municipal government of Delhi.

(2) Any bye-law which may be made under sub-section (1) may be made by the Central Government within one year of the establishment of the Corporation; and any bye-law so made may be altered rescinded by the Corporation in the exercise of its powers under sub-section (1).

1. Omitted by Act 67 of 1993, s. 120 (w.e.f. 1-10-1993).

2. Omitted by Act 71 of 1971, s. 7(b) and the Second Schedule (w.e.f. 3-11-1971).

3. Omitted by Act 67 of 1993, s. 120 (w.e.f. 1-10-1993).  

1. Omitted by Act 67 of 1993, s. 120 (w.e.f. 1-10-1993). 

[481A. Regulations and bye-laws to be laid before Parliament.—

The Central Government shall cause every regulation made under this Act and every bye-law made under section 481 to be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both Houses agree in making any modification in the regulation or bye-law or both Houses agree that the regulation or bye-law should not be made, the regulation or bye-law shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation or bye-law.]

 

1. Ins. by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15-2-1984). 

482. Penalty for breaches of bye-laws.—

(1) Any bye-law made under this Act may provide that a contravention thereof shall be punishable—

(a) with fine which may extend to five hundred rupees; or

(b) with fine which may extend to five hundred rupees and in the case of a continuing contravention, with an additional fine which may extend to twenty rupees for every day during which such contravention continues after conviction for the first such contravention; or

(c) with fine which may extend to twenty rupees for every day during which the contravention continues, after the receipt of a notice from the Commissioner or any municipal officer duly authorised in that behalf, by the person contravening the bye-law requiring such person to discontinue such contravention:

Provided that a contravention of any bye-law relating to the road transport services may be punishable with imprisonment which may extend to three months, or with fine which may extend to fifteen hundred rupees, or with both.

(2) Any such bye-law may also provide that a person contravening the same shall be required to remedy so far as lies in his power, the mischief, if any, caused by such contravention.

483. Supplemental provisions respecting bye-laws.—

(1) Any power to make bye-laws conferred by this Act is conferred subject to the conditions of the bye-laws being made after previous publication and in the case of such bye-laws being made by the Corporation of their not taking effect until they have been approved by the 2*** Government and published in the Official Gazette.

(2) The 2*** Government in approving a bye-law may make any change therein which appears to it to be necessary.

(3) The 2*** Government may, after previous publication of its intention cancel any bye-law which it has approved, and thereupon the bye-law shall cease to have effect.

2. The word “Central” omitted by Act 67 of 1993, s. 121 (w.e.f. 1-10-1993). 

484. Bye-laws to be available for inspection and purchase.—

(1) A copy of all bye-laws made under this Act shall be kept at the municipal office and shall, during office hours, be open free of charge to inspection by any inhabitant of Delhi.

(2) Copies of all such bye-laws shall be kept at the municipal office and shall be sold to the public at cost price either singly or in collections at the option of the purchaser.