In force · As amended up to 2026-08
349. Power to order building to be vacated in certain circumstances.— (1) The Commissioner may by order in writing direct that any building which in his opinion is in a dangerous condition or is not provided with sufficient means of egress in case of fire or is occupied in contravention of section 346 be vacated forthwith or within such period as may be specified in the order:
Provided that at the time of making such order the Commissioner shall record a brief statement of the reasons therefor.
(2) If any person fails to vacate the building in pursuance of such order the Commissioner may direct any police officer to remove such person from the building and the police officer shall comply with such direction accordingly.
(3) The Commissioner shall, on the application of any person who has vacated, or been removed from any building in pursuance of an order made by him, reinstate such person in the building on the expiry of the period for which the order has been in force according as the circumstances prevailing at that time permit.
[1] [ 349A. Power of Central Government to make bye-laws.— (1) The[2] [Government] may, by notification in the Official Gazette, make bye-laws for carrying out the provisions of this Chapter:
Provided that all bye-laws made by[3] [[4] [the Corporation]] under paragraph F of sub-section (1) of section 481 of this Act as it stood immediately before the commencement of the Delhi Municipal Corporation(Amendment) Act, 1993 and in force immediately before such commencement, shall be deemed to have been made under the provisions of this section and shall continue to have the same force and effect after such commencement until it is amended, varied, rescinded or superseded under the provisions of this section.
(2) In particular and without prejudice to the generality of the foregoing power, such bye-laws may — provide for all or any of the following matters, namely:
(a) the regulation or restriction of the use of sites for buildings for different areas;
(b) the regulation or restriction of buildings in different areas;
(c) the form of notice of erection of any building or execution of any work and the fee in respect of the same;
(d) the plans and documents to be submitted together with such notice and the information and further information to be furnished;
(e) the level and width of foundation, level of lowest floor and stability of structure;
(f) the construction of buildings and the materials to be used in the construction of buildings;
1. Ins. by Act 67 of 1993, s. 99 (w.e.f. 1-10-1993).
2. Subs. by Delhi Act 12 of 2011, s. 2, for "Central Government" (w.e.f. 13-1-2012).
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).
(g) the height of buildings whether absolute or relative to the width of streets or to different area;
(h) the number and height of storeys composing a building and the height of rooms and the dimensions of room intended for human habitation;
(i) the provision of open spaces, external and internal, and adequate means of light and ventilation;
(j) the provision of means of egress in case of fire, fire-escapes and water lifting devices;
(k) the provision of secondary means of access for the removal of house refuse;
(l) the materials and methods of construction of external and party walls, roofs and floors;
(m) the position, materials and methods of construction of hearths, smoke-escapes, chimneys, staircases, latrines, drains and cesspools;
(n) the provision of lifts;
(o) the paving of yards;
(p) the restriction on the use of inflammable materials in buildings;
(q) the restriction on construction of foundation on certain sites;
(r) the measures to be taken to protect buildings from damp arising from sub-soil;
(s) the wells, tanks and cisterns and pumps for the supply of water for human consumption in connection with buildings;
(t) in the case of wells, the dimensions of the well, the manner of enclosing it and if the well is intended for drinking purposes, the means which shall be used to prevent pollution of the water;
- (u) the supervision of buildings;
(v) the setting back of garages and shops from the regular line of a street;
- (w) the construction of portable structures and permission for such construction.
(3) The draft of the bye-laws referred to in sub-section (1) shall be forwarded to the Commissioner, who shall cause the same to be published in the Official Gazette for inviting objections and suggestions from the public within thirty days from the date of such publication.
(4) The Commissioner shall forward the draft bye-laws to the Central Government along with his recommendations and the objections and suggestions received from the public, within three months of their publication in the Official Gazette.
(5) The Central Government may issue such directions to the Commissioner as it thinks fit, for ensuring proper implementation of the bye-laws made under this section.]
Source: India Code