Section 1. The Punjab Municipal Act, 1911, as in force in Delhi immediately before the commencement of the Act

1. The Punjab Municipal Act, 1911, as in force in Delhi immediately before the commencement of the Act. 1. All entries with respect to sections 214 to 273 omitted by Act 67 of 1993, s. 135 (w.e.f. 1-10-1993). 1. The word "Central" omitted by Act 67 of 1993, s. 66 (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 Act 67 of 1993, s. 67, for "appropriate authority" (w.e.f. 1-10-1993). 5. Subs. by s. 67, ibid ., for "the committee concerned" (w.e.f. 1-10-1993). 6. Subs. by Act 55 of 1974, s. 8, for sub-section (2) (w.e.f. 10-1-1975). 7. Subs. by Act 67 of 1993, s. 67, for "The Committee" (w.e.f. 1-10-1993). 8. Subs. by s. 67, ibid ., for "appropriate authority or at the instance of such authority" (w.e.f. 1-10-1993). 9. Subs. by Delhi Act 12 of 2011, s. 2, for "the Corporation" (w.e.f. 13-1-2012). 10 . Subs. by Act 10 of 2022, s. 2, for "A Corporation" (w.e.f. 22-5-2022). 11. Subs. by Act 67 of 1993, s. 67, for "such authority" (w.e.f. 1-10-1993). 12. Subs. by Act 55 of 1974, s. 8, for sub-sections (5) and (6) (w.e.f. 1-10-1993). 13. Subs. by Act 67 of 1993, s. 67, for "The Committee" (w.e.f. 1-10-1993). 14. Omitted by s. 67, ibid. (w.e.f. 3-11-1971). 15. Ins. by Act 55 of 1974, s. 8 (w.e.f. 10-1-1975). 16. Subs. by Act 8 of 1987, s. 2, for clauses (i) and (ii) (w.e.f. 5-2-1987). 1. The word "Central" omitted by Act 67 of 1993, s. 115 (w.e.f. 1-10-1993). 2. Subs. by s. 115, ibid., for "magistrates of the first class" (w.e.f. 1-10-1993). 3. Subs.by Delhi Act 12 of 2011, s. 2, for "the Corporation" (w.e.f. 13-1-2012). 4. Subs. by Act 10 of 2022, s. 2, for "A Corporation" (w.e.f. 22-5-2022). 5. Subs. by s. 115, ibid., for "the Code of Criminal Procedure, 1898" (w.e.f. 1-10-1993). 6. Subs. by s. 115, ibid., for "section 12" (w.e.f. 1-10-1993). 7. Subs. by Act 67 of 1993, s. 116, for certain words and brackets (w.e.f. 1-10-1993). (2) Upon the receipt of any such complaint the magistrate, after making such inquiry as he thinks necessary, may by written order direct the person responsible for the nuisance or the owner of the land or building on which the nuisance has taken place, to take such measures as to such magistrate may seem practicable and reasonable, and within such period as may be specified in the order, for abating, preventing, removing or remedying such nuisance and may direct[1] [the Commissioner] to put into force any of the provisions of this Act or any bye-law made thereunder. (3) The magistrate may further direct the person found responsible for the nuisance to pay to the complainant such reasonable costs of and relating to the said complaint as he shall determine, inclusive of compensation for the complainant's loss of time in prosecuting such complaint. THE FIRST SCHEDULE [ See section 2(32) and section 514] BOUNDARIES OF NEW DELHI — The area bounded by the junction of the Pusa Road and Upper Ridge Road towards east along the new Link Road, the Panchkuian Road up to its junction with the Old Gurgaon Road; thence towards north - east along the Old Gurgaon Road and Chelmsford Road up to the New Delhi Railway Station; thence towards south and south - east along the railway line up to its junction with the Hardings Bridge; thence towards south along the Mathura Road up to its junction with Lodi Road; thence towards south along the Lodi Road up to its junction with the first road leading to Lodi Colony; thence towards south along the first road leading to Lodi Colony up to its junction with the Ring Railway; thence towards west along the railway line up to its junction with the Qutab Road; thence towards south along the Qutab Road up to its junction with Kaushak Nulla; thence towards east along the Kaushak Nulla up to its junction with the boundary of the New Delhi Municipality; thence towards south and thence towards west along the boundary of the New Delhi Municipality and along the south boundary of the Medical Enclave up to its junction with the Ring Road near Gwalior Potteries; thence towards north - west along the Ring Road up to its junction with Kitchner Road; thence towards north along the Upper Ridge Road up to the starting point. THE SECOND SCHEDULE [ See sections 99, 286, 504, 511 and 516] PART I PURPOSES FOR WHICH PREMISES MAY NOT BE USED WITHOUT A LICENCE — Carrying out any of the following trades or operations connected with trades: 1. Baking. - - 2. Cinematograph films, shooting of - - 3. Cinematograph films by any process whatsoever. Treating of - - 4. Chillies or masala or corn or seeds. Grinding of by mechanical means - - 5. Cloth, yarn or leather in indigo or in other colours dyeing or printing of - - 6. Cloth or yarn. Bleaching - - 7. Eating house or a catering establishment. Keeping of an - - 8. Grain. Parching - - 9. Ground-nut-seeds, tamarind seeds or any other seeds. Parching - - 10. Hair dressing saloon or a barber's shop. Keeping of a - - 11. Hides or skins, whether raw or dried. Tanning, pressing or packing - - 12. Laundry shop. Keeping a - - 13. Leather goods. Manufacturing of by mechanical means - - 14. Litho press. Keeping a - - 15. Lodging house. Keeping a - - 16. Metal. Casting - - 17. Precious metals. Refining of-or recovering of them from embroideries - - 18. Printing press. Keeping a - - 19. Sweetmeat shop except in premises already licensed as an eating house. Keeping - - 20. Carrying on the trade or business of or any operation connected with the trade of - (i) Autocar or autocycle servicing or repairing. - (ii) Blacksmithy. - (iii) Coppersmithy. - (iv) Electroplating. - (v) Glass bevelling. - (vi) Glass cutting. - (vii) Glass polishing. |Section, sub-section,|Subject|Fine or imprisonment which may be|Daily fine| |---|---|---|---| |clause or proviso||imposed|which may| ||||be imposed| |Section 313,|Utilising, selling or otherwise|1[Rigorous imprisonment|<br>2*| |sub-section (5).|dealing with any land or|which may extend to three|| ||laying out a private street|years].|| ||otherwise than in||| ||conformity with orders of||| ||the Standing Committee.||| |Section 314,|Failure to comply with|Rs. 50|Rs. 5| |sub-section (1),|requisition to show cause||| |clauses (a) and|for alteration of street or for||| |(b).|appearance before the||| ||Commissioner.||| |Section 315,|Failure to comply with|Rs. 100|Rs. 10| |sub-section (1).|requisition on owner of||| ||private street or owner of||| ||adjoining land or building||| ||to level, etc., such street.||| |Section 317,|Prohibition of projections upon|Rs. 200|| |sub-section (1).|streets, etc.||| |Section 317,|Failure to comply with|Rs. 200|| |sub-section (2).|requisition to remove||| ||projections from streets.||| |Section 318,|Failure to comply with|Rs. 200|| |sub-section (2).|requisition to remove a||| ||verandah, balcony, etc., put||| ||up in accordance with||| ||section 317 (1).||| |Section 319|Failure to comply with|Rs. 50|| ||requisition to have ground||| ||floor doors, etc., so altered||| ||as not to open outwards.||| |Section 320,|Erection, etc., of structures of|Rs. 200|Rs. 10| |sub-section (1).|fixtures which cause||| ||obstruction in streets.||| |Section 321|Deposit, etc., of things in|Rs. 100|| ||streets.||| |Section 323,|Tethering of animals and|Rs. 100|Rs. 5| |sub-sections|milking of cattle in public||| |(1) & (2).|streets.||| |Section 324,|<br>Unlawful removal of bar or shoring|Rs. 50|| |sub-section (4).|timber, etc., or removal or||| ||extinction of light.||| |Section 325,|<br>Streets not to be opened or broken|Rs. 200|Rs. 10| |sub-section (1).|up and building materials not||| ||to be deposited thereon||| ||without permission.||| |Section 327,|<br>Name of street and number of|Rs. 50|| |sub-section (2).|house not to be destroyed or||| ||defaced, etc.||| 1. The word "hospitals" omitted by Act 67 of 1993, s. 36 (w.e.f. 1-10-1993). 2. Ins. by s. 36, ibid . (w.e.f. 1-10-1993). 3. Omitted by s. 36, ibid . (w.e.f. 1-10-1993). 4. Subs. by Delhi Act 12 of 2011, s. 2 "the Corporation" (w.e.f. 13-1-2012). 5. Subs. by Act 10 of 2022, s. 2, for "a Corporation" (w.e.f. 22-5-2022). 6. Ins. by s. 36, ibid . (w.e.f. 1-10-1993). 7. Ins. by Act 10 of 2022, s. 6 (w.e.f. 22-5-2022). (ii) "category B post" means any post which, having regard to its scale of pay or emoluments, would, if such post had been in the Central Government, be classified as a Group B post under the Central Government in accordance with the orders issued by that Government from time to time;] (iii) "category C post" means any post, other than a category A or category B post.] 1[ 2[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.]] (4) Where in the opinion of the magistrate immediate action to prevent the nuisance is necessary he may dispense with the inquiry as required by sub-section (2) and make such other as he considers necessary forthwith. (5) If the person directed to take action by an order under sub-section (2) or sub-section (3) fails to do so within the period specified in the order, the Commissioner[2] * may on the expiry of the said period proceed to take action as directed in the order or may take such other measures to abate, prevent, remove or remedy the nuisance as he considers necessary, and all expenses incurred in that connection shall be recoverable from the person against whom the magistrate has made the order as an arrear of tax under this Act. Powers and duties of police officers BODIES AND LOCAL AUTHORITIES WHOSE FUNCTIONS ARE TAKEN OVER BY THE CORPORATION 1. The Municipal Committee, Delhi, 2. The Notified Area Committee, Civil Station. 3. The Notified Area Committee, Red Fort. 4. The Municipal Committee, Delhi - Shahdara. 5. The Municipal Committee, West Delhi. 6. The Municipal Committee, South Delhi. 7. The Notified Area Committee, Mehrauli. 8. The Notified Area Committee, Najafgarh. 9. The Notified Area Committee, Narela. 10. The District Board, Delhi. 11. The Delhi State Electricity Board. - 1* * * * * - (viii) Goldsmithy. - (ix) Marble cutting, grinding, dressing or polishing. - (x) Metal (ferrous or non-ferrous or antimony but excluding previous metal) cutting or treating metal by hammering, drilling, pressing, filing, polishing, heating or by any other process whatever or assembling parts of metal. - (xi) Photography-studio. (xii) Radio (wireless receiving set) selling, repairing, servicing or manufacturing. - (xiii) Silversmithy. - (xiv) Spinning or weaving cotton, silk, art silk, or jute or wool with the aid or power. - (xv) Stone grinding, cutting dressing or polishing. - (xvi) Timber or wood sawing or cutting by mechanical or electric power. - (xvii) Tinsmithy. - (xviii) Washerman's trade. (xix) Welding of metal by electric, gas or any process whatsoever. 1. Subs. by Act 42 of 1984, s. 13, for "Rs. 500" (w.e.f. 10-12-1985). 1. Certain words omitted by Act 67 of 1993, s. 51 (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 "The Corporation" (w.e.f. 13-1-2012). 5 . Subs. by Act 10 of 2022, s. 2, for "A Corporation" (w.e.f. 22-5-2022). 6. Subs. by Act 67 of 1993, s. 52, for "and alderman" (w.e.f. 1-10-1993). 7. The words "of alderman" omitted by s. 53, ibid . (w.e.f. 1-10-1993). 8. Subs. by s. 54, ibid ., for "and alderman" (w.e.f. 1-10-1993). 9. Subs. by s. 54, ibid ., for "or alderman" (w.e.f. 1-10-1993). 10. Ins. by s. 55, ibid . (w.e.f. 1-10-1993). 1[(2) In the absence of both the Mayor and Deputy Mayor from the meeting, the members and the persons referred to in sub-clauses (ii), (iii) and (iv) of clause (b) of sub-section (3) of section 3 shall elect one from among the councillors to preside.] (3) The Mayor or the person presiding over a meeting shall have and exercise a second or a casting vote in all cases of equality of votes. |S.|No.Particulars|Maximumamount oftaxperannum| |---|---|---| |8.|Non-illuminated advertisements suspended across streets—|Rs.| ||(a) For a space up to 10 sq. ft.|18| ||(b) For a space over 10 sq. ft. and up to 25 sq. ft.|30| ||(c) For every additional 25 sq. ft. or less|30| - N.B. — The tax for item 8 will be in addition to the space which will be chargeable according to the scale to be determined by the Commissioner. (27) "member" in relation to[1] [[2] [the Corporation] means a councillor[3] *; (28) "municipal authority" means any of the municipal authorities specified in section 44; (29) "municipal market" means a market vested in or managed by the Corporation; (30) "municipal slaughter house" means a slaughter house vested in or managed by the Corporation; 4[(30A) "Municipal Taxation Tribunal" means the Municipal Taxation Tribunal constituted under section 169;] 4[(30B)"Municipal Valuation Committee" means the Municipal Valuation Committee constituted under section 116;] 5* * * * * (32) "New Delhi" means the area within the boundaries described in the First Schedule; (33) "nuisance" includes any act, omission, place, animal or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell, or hearing or disturbance to rest or sleep, or which is or may be dangerous to life or injurious to health or property; (34) "occupier" includes — (a) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the tent of the land or building in respect of which such rent is paid or is payable; (b) an owner in occupation of, or otherwise using his land or building; (c) a rent free tenant of any land or building; (d) a licensee in occupation of any land or building; and 1. Subs. by 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. The words "or an alderman thereof" omitted by Act 67 of 1993, s. 2 (w.e.f. 1-10-1993). 4. Ins. by Delhi Act 6 of 2003, s. 3 (w.e.f. 1-8-2003). 5. Clause (31) omitted by Act 67 of 1993, s. 2 (w.e.f. 1-10-1993). (e) any person who is liable to pay to the owner damages for the use and occupation of any land or building; (35) "offensive matter" includes animal car cases, kitchen or stable refuse, dung, dirt and putrid or putrefying substances other than sewage; (36) "Official Gazette" means the Official Gazette of the Union Territory of Delhi; (37) "owner" includes a person who for the time being is receiving or is entitled to receive, the rent of any land or building whether on his own account or on account of himself and others or as an agent, trustee, guardian or receiver for any other person or who should so receive the rent or be entitled to — receive it if the land or building or part thereof were let to a tenant and also includes (a) the custodian of evacuee property in respect of evacuee property vested in him under the Administration of Evacuee Property Act 1950 (31 of 1950); and (b) the estate officer to the Government of India, the Secretary of the Delhi Development Authority, constituted under the Delhi Development Act, 1957 (61 of 1957); the General Manager of a railway and the head of a Government department, in respect of properties under their respective control; (38) "premises" means any land or building or part of a building and includes — (a) the garden, ground and out-houses, if any, appertaining to a building or part of a building; and (b) any fittings affixed to a building or part of a building for the more beneficial enjoyment thereof; (39) "private street" means any street, which is not a public street and includes any passage securing access to two or more places belonging to the same or different owners; (40) "private market" means a market which is not a municipal market; (41) "private slaughter house" means a slaughter house which is not a municipal slaughter house; (42) "public place" means any place which is open to the use and enjoyment of the public, whether it is actually used or enjoyed by the public or not; (43) "public securities" means any securities of the Central Government or a State Government or any securities guaranteed by the Central Government or a State Government or any securities issued under this Act or any debentures issued by the Bombay, Calcutta or Madras Municipal Corporation; (44) "public street" means any street which vests in[1] [[2] [the Corporation]] as a public street or the soil below the surface of which vest in[1] [[2] [the Corporation]] or which under the provisions of this Act becomes, or is declared to be, a public street; 3[(44A) "public utilities" include water-supply, sewerage and drainage, solid waste management, energy and telecommunication services, gas distribution system, and public transport system, whether managed by Government or otherwise;] (45) "railway administration" has the meaning assigned to it in the Indian Railway Act, 1890, (9 of 1890); (46) "rate layer" means a person liable to pay any rate, tax, cess or licence fee under this Act; 1. Subs. by 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. Ins by Delhi Act 6 of 2003, s. 3 (w.e.f. 1-8-2003). 1* * * * * (48) "regulation" means a regulation made[2] [by[3] [[4] [the Corporation]] under this Act, by notification in the Official Gazette; (49) "reside"— (a) a person shall be deemed to "reside" in any dwelling house which or some portion of which he sometimes, although not uninterruptedly, uses as a sleeping apartment, and (b) a person shall not be deemed to cease to "reside" in any such dwelling house merely because he is absent from it or has elsewhere another dwelling house in which he resides, if there is the liberty of returning to it at any time and no abandonment of the intention of returning to it; (50) "rubbish" includes ashes, broken bricks, broken glass, dust, malba, mortar and refuse of any kind which is not filth; (51) "rule" means a rule made by the and the Central Government[5] [and the Government] under this Act, by notification in the Official Gazette; (52) "rural areas" means the areas of Delhi which immediately before the establishment of[3] [[4] [the Corporation]] are situated within the local limits of the District Board of Delhi established under the Punjab District Boards Act, 1883, (Punjab Act XX of 1883), but shall not include such portion thereof as may, by virtue of a notification under section 507, cease to be included in the rural areas as herein defined; (53) "Scheduled Caste" means any of the Scheduled Castes specified in Part I of the Scheduled to the Constitution (Scheduled Castes) (Union Territories) Order, 1951; (54) "sewage" means night-soil and other contents of latrines, urinals, cesspools or drains, and polluted water from sinks, bathrooms, stables, cattle sheds and other like places, and includes trade effluents and discharges from manufactories of all kinds; (55) "shed" means a slight or temporary structure for shade or shelter; (56) "slaughter house" means any place ordinarily used for the slaughter of animals for the purpose of selling the flesh thereof for human consumption; (57) "street" includes any way, road, lane, square, court, alley, gully, passage, whether a thoroughfare or not and whether built upon or not, over which the public have a right of way and also the roadways or footway over any bridge or causeway; (58) "trade effluent" means any liquid either with or without particles of matter in suspension therein, which is wholly or in part produced in the course of any trade or industry carried on at trade premises, and in relation to any trade premises means any such liquid as aforesaid which is so produced in the course of any trade or industry carried on at those premises, but does not include domestic sewage; (59) "trade premises" means any premises used or intended to be used for carrying on any trade or industry; (60) "trade refuse" means the refuse of any trade or industry; (61) "urban areas" means the areas of Delhi which are not rural areas; 1. Clause (47) Delhi Act 6 of 2003, s. 3 (w.e.f. 1-8-2003). 2. Ins. by Act 42 of 1961, s. 2 (w.e.f. 12-9-1961). 3. Subs. by Act 12 of 2021, s. 3, for "Central Government" (w.e.f. 13-1-2011). 4. Subs. by Act 12 of 2011, s. 2, for " the Corporation" (w.e.f. 13-1-2012). 5. Ins. by s. 3, ibid . (w.e.f. 13-1-2012). 1[(61A) "vacant land" means the land within a premises excluding the land occupied by the plinth of any building erected thereon.] (62) "vehicle" includes a carriage, cart, van, dray, truck, hand-cart, bicycle, tricycle, cyclerickshaw, auto-rickshaw, motor vehicle and every wheeled conveyance which is used or is capable of being used on a street; 2[(62A) "Voting machine" means any machine or apparatus whether operated electronically or otherwise used for giving or recording of votes and any reference to a ballot box ballot paper in this Actor the rules made here under shall, save as otherwise provided, be constructed as including a reference to such voting machine wherever such voting machine is used at any election". (63) "ward" means a municipal ward provided by order made under section 5 for the purpose of election of councillors; 3[(63A) "Wards Committee" means the Wards Committee referred to in section 50;] (64) "water course" includes any river, stream or channel whether natural or artificial; 4* * * * * (66) "workshop" means any premises (including the precincts thereof) other than a factory, wherein any industrial process is carried on; (67) "year" means a year commencing on the 1st day of April; 1[(68) "Zone" means a Zone referred to in section 3A.]