30. Signature, conditions, duration, suspension, revocation, etc., of licences and written
permissions.—(1) Whenever it is provided in this Act or any bye-law made thereunder that a licence or a
written permission may be granted for any purpose, such licence or written permission shall be signed by
the Commissioner or by the officer empowered to grant the same under this Act or the bye-laws made
thereunder or by any municipal officer authorised by the Commissioner or such officer in this behalf and
shall specify in addition to any other matter required to be specified under any other provision of this Act
or any provision of any bye-law made thereunder—
(a) the date of the grant thereof;
(b) the purpose and the period (if any) for which it is granted;
(c) restrictions or conditions, if any, subject to which it is granted;
(d) the name and address of the person to whom it is granted; and
(e) the fee, if any, paid for the licence or written permission.
(2) Except as otherwise provided in this Act or any bye-law made thereunder, for every such licence or
written permission a fee may be charged at such rate as may from time to time be fixed by the Commissioner
1. Subs. by Delhi Act 12 of 2011, s. 2, for “Central 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).
144
with the sanction of 1
[
2
[the Corporation]] and such fee shall be payable by the person to whom the licence
or written permission is granted.
(3) Save as otherwise provided in this Act or any bye-law made thereunder any licence or written
permission granted under this Act or any bye-law made thereunder may at any time be suspended or revoked
by the Commissioner or by the officer by whom it was granted, if he is satisfied that it has been secured by
the grantee through misrepresentation or fraud or if any of its restrictions or conditions has been infringed
or evaded by the grantee, or if the grantee has been convicted for the contravention of any of the provisions
of this Act or any bye-law made thereunder relating to any matter for which the licence or permission has
been granted.
Provided that—
(a) before making any order of suspension or revocation reasonable opportunity should be accorded
to the grantee of the licence or the written permission to show cause why it should not be suspended or
revoked;
(b) every such order shall contain a brief statement of the reasons for the suspension or revocation
of the licence or the written permission.
(4) When any such licence or written permission is suspended or revoked, or when the period for which
the same was granted has expired, the grantee shall, for all purposes of this Act or any bye-law made
thereunder, be deemed to be without a licence or written permission until such time as the order suspending
or revoking the licence or written permission is rescinded or until the licence or written permission is
renewed.
(5) Every grantee of any licence or written permission granted under this Act shall at all reasonable
times, while such licence or written permission remains in force, if so required by the Commissioner or the
authority by whom it was granted, produce such licence or written permission.
Entry and inspection
431. Powers of entry and inspection.—The Commissioner, 3*** 4*** or any municipal officer or
other municipal employee authorised in this behalf by 5
[him] or empowered in this behalf, by or under any
provision of this Act, may enter into or upon any land or building with or without assistants and workmen—
(a) for the purpose of ascertaining whether there is or has been on or in connection with the land or
building any contravention of the provisions of this Act or any bye-law made thereunder;
(b) for the purpose of ascertaining whether or not circumstances exist which would authorise or
require the Commissioner, 1*** 2*** or any municipal officer or employee authorised or empowered
in this behalf to take any action or execute any work under this Act or any bye-law made thereunder;
(c) for the purpose of taking any action or executing any work authorised or required by this Act
or any bye-law made thereunder;
(d) to make any inquiry, inspection, examination, measurement, valuation or survey authorised or
required by or under this Act or necessary for the proper administration of this Act;
(e) generally for the purpose of efficient discharge of the functions by any of the municipal
authorised under this Act or any bye-law made thereunder.
432. Power to enter land adjoining land in relation to any work.—(1)
6
[The Commissioner or any
person authorised by him in this behalf] or empowered in this behalf by or under any provision of this Act,
may enter on any land within fifty yards of any work authorised by or under this Act, with or without
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).
3. The words and brackets “the General Manager (Electricity)” omitted by Act 67 of 1993, s. 102 (w.e.f. 1-10-1993).
4. The words and brackets “or the General Manager (Transport)” omitted by Act 71 of 1971, s. 7(b) and the Second Schedule
(w.e.f. 3-11-1971).
5. Subs. by Act 67 of 1993, s. 102, for “any of the aforesaid municipal authorities” (w.e.f. 1-10-1993).
6. Subs. by s. 103, ibid., for certain words (w.e.f. 1-10-1993).
145
assistants and workmen for the purpose of depositing thereon any soil, gravel, stone or other materials or
for obtaining access to such work or for any other purposes connected with the execution of the same.
(2) The person so authorised shall, before entering on any such land, state the purpose thereof, and
shall, if so required by the owner or occupier thereof, fence off so much of the land as may be required for
such purpose.
(3) The person so authorised shall, in exercising any power conferred by this section, do as little damage
as may be, and compensation shall be payable by 1
[
2
[the Corporation]] in accordance with bye-laws made
in this behalf to the owner or occupier of such land or to both for any such damage, whether permanent or
temporary.
433. Breaking into buildings.—(1) It shall be lawful for 3
[the Commissioner or any person authorised
by him in this behalf] or empowered in this behalf by or, under any provision of this Act, to make any entry
into any place, and to open or cause to be opened any door, gate or other barrier—
(a) if he considers the opening thereof necessary for the purpose of such entry; and
(b) if the owner or occupier is absent or being present refuses to open such door, gate or barrier.
(2) Before making any entry into any such place or opening or causing to be opened any such door,
gate or other barrier, the Commissioner, 4*** 5*** or the person authorised or empowered in this behalf,
shall call upon two or more respectable in habitants of the locality in which the place to be entered into is
situate, to witness the entry or opening and may issue an order in writing to them or any of them so to do.
(3) A report shall be made to the Standing Committee as soon as may be after any entry has been made
into any place or any door, gate or other barrier has been opened under this section.
434. Time of making entry.—Save as otherwise provided in this Act or any bye-law made thereunder,
no entry authorised by or under this Act shall be made except between the hours of sunrise and sunset
435. Consent ordinarily to be obtained.—Save as otherwise provided in this Act or any bye-law
made thereunder, no land or building shall be entered without the consent of the occupier, or if there is no
occupier, of the owner thereof and no such entry shall be made without giving the said owner or occupier,
as the case may be, not less than twenty-four hours written notice of the intention to make such entry:
Provided that no such notice shall be necessary if the place to be inspected is a factory or workshop or
trade premises or a place used for any of the purposes specified in section 417 or a stable for horses or a
shed for cattle or a latrine or urinal or a work under construction, or for the purpose of ascertaining whether
any animal intended for human food is slaughtered in that place in contravention of this Act or any bye-law
made thereunder.
436. Regard to be had to social or religious usages.—When any place used as a human dwelling is
entered under this Act, due regard shall be paid to the social and religious customs and usages of the
occupants of the place entered, and no apartment in the actual occupancy of a female shall be entered or
broken open until she has been informed that she is at liberty to withdraw and every reasonable facility has
been afforded to her for withdrawing.
437. Prohibition of obstruction or molestation in execution of work.—No person shall obstract or
molest any person authorised or empowered by or under this Act or any person with whom 6
[
7
[the
Corporation]] or any of the municipal authorities specified in section 44 has lawfully contracted, in the
execution of his duty or of anything which he is authorised or empowered or required to do by virtue or
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).
3. Subs. by Act 67 of 1993, s. 104, for certain words (w.e.f. 1-10-1993).
4. The words and brackets “, the General Manager (Electricity)” omitted by s. 104, ibid. (w.e.f. 1-10-1993).
5. The words and brackets “or the General Manager (Transport)” omitted by Act 71 of 1971, s. 7(b) and the Second Schedule
(w.e.f. 3-11-1971).
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).
146
inconsequence of any of the provisions of this Act or any bye-law made thereunder, or in fulfilment of his
contract, as the case may be.
Public notices and advertisements
438. Public notices how to be made known.—Every public notice given under this Act or any byelaw made thereunder shall be in writing under the signature of 1
[the Commissioner or of any municipal
officer authorised by him in this behalf] and shall be widely made known in the locality to be affected
thereby by affixing copies thereof in conspicuous public places within the said locality or by publishing the
same by beat of drum or by advertisement in local newspaper or by any two or more of these means and by
any other means that the 2
[Commissioner] may think fit.
439. Newspaper in which advertisements or notices to be published.—Whenever it is provided by
this Act or any bye-law made thereunder that notice shall be given by advertisement in local newspapers,
or that a notification or information shall be published in local newspapers, such notice, notification or
information shall be inserted, if practicable, in at least three newspapers in such languages as 3
[
4
[the
Corporation]] may from time to time specify in this behalf:
Provided that if 3
[
4
[the Corporation]] publishers a municipal journal, a publication in that journal shall
be deemed to be a publication in a newspaper of the language in which the said journal may be published.
Evidence
440. Proof of consent etc., of Commissioner, General Managers, etc.—Whenever under this Act or
any rule, regulation or bye-law made thereunder, the doing of, or the omission to do, anything or the validity
of anything depends upon the approval, sanction, consent, concurrence, declaration, opinion or satisfaction
of the Commissioner 5
[or of any municipal officer, a written document signed by the Commissioner] or
officer purporting to convey or set forth such approval, sanction, consent, concurrence, declaration, opinion
or satisfaction, shall be sufficient evidence thereof.
Notices, etc.
441. Notices, etc., to fix reasonable time.—Where any notice, bill, order or requisition issued or made
under this Act or any rule, regulation or bye-law made thereunder requires anything to be done for the doing
of which no time is fixed in this Act or the rule, regulation or bye-law, the notice, bill, order or requisition
shall specify a reasonable time for doing the same.
442. Signature on notices, etc., may be stamped.—6
[(1) Every licence, written permission, notice,
bill, summons or other document which is required by this Act or any rule, regulation or bye-law made
thereunder to bear the signature of the Commissioner or of any municipal officer, shall be deemed to be
properly signed if it bears a fascimile of the signature of the Commissioner or officer, as the case may be,
stamped thereupon.]
(2) Nothing in sub-section (1) shall be deemed to apply to a cheque drawn upon the Municipal Fund
under section 101.
443. Notices, etc., by whom to be served or issued.—All notices, bills, summonses and other
documents required by this Act or any rule, regulation or bye-law made thereunder to be served upon, or
issued to, any person, shall be served or issued by municipal officers or other municipal employees or by
other persons authorised by 7
[the Commissioner].
444. Service of notices, etc.—(1) Every notice, bill, summons, order, requisition or other document
required or authorised by this Act or any rule, regulation or bye-law made thereunder to be served or issued
by or on behalf of 3
[
4
[the Corporation]], or by any of the municipal authorities specified in section 44 or
1. Subs. by Act 67 of 1993, s. 105, for certain words (w.e.f. 1-10-1993).
2. Subs. by s. 105, ibid., for “appropriate municipal authority” (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 Act 67 of 1993, s. 106, for certain words and brackets (w.e.f. 1-10-1993).
6. Subs. by s. 107, ibid., for sub-section (1) (w.e.f. 1-10-1993).
7. Subs. by s. 108, ibid., for certain words and brackets (w.e.f. 1-10-1993).
147
any municipal officer, on any person shall, save as otherwise provided in this Act or such rule, regulation
or bye-law, be deemed to be duly served—
(a) where the person to be served is a company, if the document is addressed to the secretary of the
company at its registered office or at its principal office or place of the business and is either—
(i) sent by registered post, or
(ii) delivered at the registered office or at the principal office or place of business of the
company;
(b) where the person to be served is a partnership, if the document is addressed to the partnership
at its principal place of business, identifying it by the name or style under which its business is carried
on, and is either—
(i) sent by registered post, or
(ii) delivered at the said place of business;
(c) where the person to be served is a public body, or a corporation, society or other body, if the
document is addressed to the secretary, treasurer or other head officer of that body, corporation or
society at its principal office, and is either—
(i) sent by registered post, or
(ii) delivered at that office;
(d) in any other case, if the document is addressed to the person to be served and—
(i) is given or tendered to him, or
(ii) if such person cannot be found, is affixed on some conspicuous part of his last known place
of residence or business, if within the Union territory of Delhi, or is given or tendered to some adult
member of his family or is affixed on some conspicuous part of the land or building, if any, to
which it relates, or
(iii) is sent by registered post to that person.
1
[(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.]
(2) Any document which is required or authorised to be served on the owner or occupier of any land or
building may be addressed "the owner" or "the occupier", as the case may be, of that land or building
(naming that land or building) without further name or description, and shall be deemed to be duly served—
(a) if the document so addressed is sent or delivered in accordance with clause (d) of
sub-section (1); or
(b) if the document so addressed or a copy thereof so addressed, is delivered to some person on the
land or building or, where there is no person on the land or building to whom it can be delivered, is
affixed to some conspicuous part of the land or building.
(3) Where a document is served on a partnership in accordance with this section, the document shall be
deemed to be served on each partner.
(4) For the purpose of enabling any document to be served on the owner of any premises the
Commissioner may by notice in writing require the occupier of the premises to state the name and address
of the owner thereof.
1. Ins. by Act 10 of 2022, s. 10 (w.e.f. 22-5-2022).
148
(5) Where the person on whom a document is to be served is a minor, the service upon his guardian or
any adult member of his family shall be deemed to be service upon the minor.
(6) Nothing in sections 442 and 443 and in this section shall apply to any summons issued under this
Act by a court.
(7) A servant is not a member of the family within the meaning of this section.
445. Service of bills for tax or notice of demand by ordinary post.—Notwithstanding anything
contained in sections 443 and 444 a bill for any tax or a notice of demand may be served by sending it by
ordinary post with a prepaid letter under a certificate of posting addressed to the appropriate person
specified in section 444 at his last known place of residence or business and in proving the service of every
bill or notice so sent it shall be sufficient to prove that the letter was properly addressed and posted under a
certificate of posting.
446. Powers in case of non-compliance with notice, etc.—In the event of non-compliance with the
terms of any notice, order or requisition issued to any power under this Act or any rule, regulation or byelaw made thereunder, requiring such person to execute any work or to do any act it shall be lawful for the
authority or officer at whose instance the notice, order or requisition has been issued, whether or not the
person in default is liable to punishment for such default or has been prosecuted or sentenced to any
punishment therefor, after giving notice in writing to such person, to take such action or such steps as may
be necessary for the completion of the act or the work required to be done or executed by such person and
all the expenses incurred on such account shall be payable to the Commissioner on demand and if not paid
within ten days after such demand, shall be recoverable as an arrear of tax under this Act.
Recovery of expenses
447. Liability of occupier to pay in default of owner.—(1) If any notice, order or requisition has been
issued to any person in respect of property of which he is the owner, the authority or officer at whose
instance such notice, order or requisition has been issued, may require the occupier of such property or of
any part thereof to pay to him, instead of to the owner, any rent payable by him in respect of such property,
as it falls due up to the amount recoverable from the owner under section 446:
Provided that if the occupier refuses to disclose the correct amount of the rent payable by him or the
name or address of the person to whom it is payable, the authority or officer may recover from the occupier
the whole amount recoverable under section 446 as an arrear of tax under this Act.
(2) Any amount recovered from an occupier instead of from an owner under sub-section (1), shall, in
the absence of any contract between the owner and the occupier to the contrary, be deemed to have been
paid to the owner.
448. Execution of work by occupier in default of owner and deduction of expenses from
rent.—Whenever the owner of any land or building fails to execute any work which he is required to
execute under this Act or any bye-law made thereunder, the occupier, if any, of such land or building may,
with the approval of the Commissioner, execute the said work and he shall, subject to any contract between
the owner and occupier to the contrary, be entitled to recover from the owner the reasonable expenses
incurred by him in the execution of the work and may deduct the amount thereof from the rent payable by
him to the owner.
449. Relief to agents and trustees.—(1) Where any person, by reason of his receiving rent of
immovable property as a receiver, agent or trustee, or of his being as a receiver, agent or trustee the person
who would receive the rent if the property were let to a tenant, would under this Act or any bye-law made
thereunder, be bound to discharge any obligation imposed on the owner of the property for the discharge
of which money is required, he shall not be bound to discharge the obligation unless he has, or but for his
own improper act or default might have had funds in his hands belonging to the owner sufficient for the
purpose.
(2) The burden of proving any fact entitling a receiver, agent or trustee to relief under sub-section (1)
shall lie upon him.
149
(3) Where any receiver, agent or trustee has claimed and established his right to relief under this section,
the Commissioner may, by notice in writing require him, to apply to the discharge of his obligation as
aforesaid the first moneys which may come to his hands on behalf, or for the use, of the owner, and on
failure to comply with the notice, he shall be deemed to be personally liable to discharge the obligation.
Payment of compensation
1
[450. General power to pay compensation.—In any case not otherwise provided for in this Act or in
any bye-law made thereunder, the Commissioner, with the previous approval of the Standing Committee,
may pay compensation to any person who sustains damage by reason of the exercise of any of the powers
vested by this Act or any bye-law in the Commissioner or in any municipal officer or other municipal
employee.]
451. Compensation to be paid by offenders for damage caused by them.—(1) Any person who has
been convicted of an offence against this Act or any bye-law made thereunder shall, notwithstanding any
punishment to which he may have been sentenced for the said offence, be liable to pay such compensation
for any damage to the property of 2
[
3
[the Corporation]] resulting from the said offence as the appropriate
municipal authority may consider reasonable.
(2) In the event of a dispute regarding the amount of compensation payable under sub-section (1) such
amount shall, on application made to him, be determined by the magistrate before whom the said person
was convicted of the said offence; and on non-payment of the amount of compensation so determined the
same shall be recovered under a warrant from the said magistrate as if it were a fine imposed by him on the
person liable therefor.
Recovery of expenses or compensation in case of dispute
452. Reference to the court of the district judge in certain cases.—(1) If, when the Commissioner
demands payment of any expenses referred to in section 446, his right to demand the same or the amount
of the demand is disputed within ten days after such demand, the Commissioner shall 4
[refer the case for
determination—
(a) to the Appellate Tribunal, if such demand relates to the expenses incurred in taking necessary
action or steps for the completion of any act or work required to be done or executed in the event of
non-compliance with any notice, order or requisition under sections 317, 325, 343, 344 and 345;
(b) to the court of the district judge of Delhi, in any other case.]
(2) The Commissioner shall, pending the decision on any such reference, defer further proceedings for
the recovery of the sum claimed by him, and shall, after the decision, proceed to recover only such amount,
if any, as is thereby declared to be due in the manner referred to in section 446.
453. Application to the Court of the district judge in other cases.—(1) Where, in any case not
provided for by section 452, 2
[
3
[the Corporation]] or any municipal authority or any municipal officer or
other municipal employee is required by this Act or by any bye-law made thereunder to pay any expenses
or any compensation, the amount to be so paid and if necessary, the apportionment of the same, shall, in
case of dispute, be determined by the court of the district judge of Delhi on application having been made
to it for this purpose at any time within one year from the date when such expenses or compensation first
became claimable.
(2) If the amount of any expenses or compensation ascertained in accordance with sub-section (1) is
not paid by the person liable therefor on demand, it shall be recoverable as if the same were due under a
decree passed by the court of the district judge in an original suit tried by it.
454. Power to sue for expenses or compensation.—Instead of proceeding in the manner aforesaid for
the recovery of any expenses or compensation of which the amount due has been ascertained as
1. Subs. by Act 67 of 1993, s. 109, for section 450 (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 Act 42 of 1984, s. 8, for “refer the case for determination to the court of the district judge of Delhi.” (w.e.f. 10-2-1986).
150
hereinbefore provided, or after such proceedings have been taken unsuccessfully or with only partial
success, the sum due or the balance of the sum due, as the case may be, may be recovered by a suit brought
against the person liable for the same in any court of competent jurisdiction.
Recovery of certain dues
455. Mode of recovery of certain dues.—In any case not expressly provided for in this Act or any
bye-law made thereunder any sum due to 1
[
2
[the Corporation]] on account of any charge, costs, expenses,
fees, rates or rent or any other account under this Act or any such bye-law may be recoverable from any
person from whom such sum is due as an arrear of tax under this Act:
Provided that no proceedings for the recovery of any sum under this section shall be commenced after
the expiry of three years from the date on which such sum becomes due.
Obstruction of owner by occupier
456. Right of owner to apply to the court of the district judge in case of obstruction by occupier.—
(1) The owner of any land or building may, if he is prevented by the occupier thereof from 3
[complying
with—
(a) the provisions of section 317, section 325, section 343, section 344, section 345 or section 347
or any bye-law made thereunder or with any notice or order issued under any such provision, apply to
the Appellate Tribunal; and
(b) any other provision or any bye-law made thereunder or with any notice, order or requisition
issued under such provision, apply to the court of the district judge of Delhi,
and where such application is made] within any time that may be fixed for the compliance with such
provision or notice, order or requisition, the owner shall not be liable for his failure to comply with the
provision, or notice, order or requisition within the time so fixed.
(2)
4
[The Appellate Tribunal or the court, as the case may be] on receipt of such application, may make
a written order requiring the occupier of the land or building to afford all reasonable facilities to the owner
for complying with the said provision or notice, order or requisition and may also, if it thinks fit direct that
the costs of such application and order be paid by the occupier.
(3) After eight days from the date of the order referred to in sub-section (2), the occupier shall afford
all such reasonable facilities to the owner for the purpose, aforesaid as may be specified in the order; and
in the event of his continued refusal to do so, the owner shall be discharged during the continuance of such
refusal, from any liability which may have been otherwise incurred by reason of his failure to comply with
the said provision or notice, order or requisition.
Proceedings before the court of the district judge
457. General powers and procedure of the court of the district judge.—The procedure provided in
the Code of Civil Procedure, 1908 (5 of 1908), in regard to suits shall be followed, as far as it can be made
applicable, in the disposal of applications, appeals or references that may be made to the court of the district
judge of Delhi under this Act or any bye-law made thereunder.
458. Fees in proceedings before the court of the district judge.—(1) The 5*** Government may, by
notification in the Official Gazette, prescribe what fee shall be paid—
(a) on any application, appeal or reference under this Act or any bye-law made thereunder to the
court of the district judge of Delhi; and
(b) for the issue, in connection with any inquiry or proceedings before that court under this Act or
such bye-law, of any summons or other process:
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).
3. Subs. by s. 9, ibid., for certain words (w.e.f. 10-2-1986).
4. Subs. by Act 42 of 1984, s. 9, for “The court” (w.e.f. 10-2-1986).
5. The word “Central” omitted by Act 67 of 1993, s. 110 (w.e.f. 1-10-1993).
151
Provided that the fee, if any, prescribed under clause (a) shall not, in cases in which the value of the
claim or subject matter is capable of being estimated in money, exceed the fees leviable for the time being
under the provisions of the Court-Fees Act, 1870 (7 of 1870), in cases in which the amount of the claim or
subject matter is of a like amount.
(2) The 2*** Government may, by like notification, determine the person by whom the fee, if any,
prescribed under clause (a) of sub-section (1), shall be payable.
(3) No application, appeal or reference shall be received by the court of the district judge until the fee,
if any, prescribed therefor under clause (a) of sub-section (1) has been paid:
Provided that the court may, in any case in which it thinks fit so to do,—
(i) receive an application, appeal or reference made by or on behalf of a poor person, and
(ii) issue process on behalf of any such person,
without payment or on part payment of the fees prescribed under this section.
459. Repayment of half fees on settlement before hearing.—Whenever any application, appeal or
reference made under this Act or any bye-law made thereunder to the court of the district judge is settled
by agreement between the parties before the hearing, half the amount of all fees paid up to that time shall
be repaid by the court to the parties by whom the same have respectively been paid.
460. Power of the court of the district judge to delegate certain powers and to make rules.—The
court of the district judge of Delhi may—
(a) delegate, either generally or specially, to the court of any additional district judge, power to
receive applications, 1
[election petitions,] appeals and references under this Act or any rule, regulation
or bye-law made thereunder, and to hear and determine such applications, 3
[election petitions,] appeals
and references;
(b) with the approval of the 2*** Government, make rules not inconsistent with this Act or any rule,
regulation or bye-law made thereunder, providing for any matter connected with the exercise of
jurisdiction conferred upon the court by this Act which is not herein specifically provided for.
Offences and Penalties
461. Punishment for certain offences.—3
[(1)] Whoever—
(a) contravenes any provision of any of the sections, sub-sections, clauses, provisos or other
provisions of this Act mentioned in the first column of the Table in the Twelfth Schedule; or
(b) fails to comply with any order or direction lawfully given to him or any requisition lawfully
made upon him under any of the said sections, sub-sections, clauses, provisos or other provisions, shall
be punishable—
(i) with fine which may extend to the amount, or with imprisonment for a term which may
extend to the period, specified in that behalf third column of the said Table or with both; and
(ii) in the case of a continuing contravention or failure, with an additional fine which may
extend to the amount specified in the fourth column of that Table for every day during which such
contravention or failure continues after conviction for the first such contravention or failure.
4
[(2) Notwithstanding anything contained in sub-section (1), whoever contravenes the provisions of
sub-section (1) of section 317 or sub-section (1) of section 320 or sub-section (1) of section 321 or subsection (1) of section 325 or section 339, in relation to any street which is a public street, shall be punishable
with simple imprisonment which may extend to six months or with fine which may extend to five thousand
rupees or with both.]
1. Ins. by Act 42 of 1961, s. 18 (w.e.f. 12-9-1961).
2. The word “Central” omitted by Act 67 of 1993, s. 111 (w.e.f. 1-10-1993).
3. Section 461 re-numbered as sub-section (1) thereof by Act 42 of 1984, s. 10 (w.e.f. 10-12-1985).
4. Ins. by s. 10, ibid. (w.e.f. 10-12-1985).
152
462. Punishment for acquiring share or interest in contract, etc., with the Corporation.—1
[Any
councillor or any person referred to in clause (b) of sub-section (3) of section 3 of any committee of 2
[
3
[the
Corporation]]] who knowingly acquires, directly or indirectly, any share or interest in any contract made
with, or any work done for, 2
[
3
[the Corporation]] not being a share or interest such as under section 9 it is
permissible for a councillor to have without being thereby disqualified for being a councillor 4***, and the
Commissioner, 5*** 6*** or any municipal officer or other municipal employee who knowingly acquires,
directly or indirectly, any share or interest in any contract made with, or any work done for, 2
[
3
[the
Corporation]] not being a share or interest such as under clause (i) of sub-section (1) of section 9 or subclauses (ii) and (iii) of clause (c) of sub-section (2) of that section it is permissible for a councillor 5*** to
have, without being thereby disqualified for being a councillor 5***, shall be deemed to have committed
the offence made punishable under section 168 of the Indian Penal Code (45 of 1860).
463. Punishment for offences relating to terminal tax.—Whoever brings within the Union territory
of Delhi any goods liable to terminal tax without the payment of such tax shall, on conviction, be punishable
with imprisonment for a term which may extend to six months or with fine which may extend to one
thousand rupees or with both, and the court trying an offence under this section may, on such conviction,
also confiscate the goods in respect of which the offence has been committed.
464. Penalty for evasion of terminal taxes.—Where any goods imported into Delhi are liable to the
payment of terminal tax, any person who, with the intention of evading payment of the tax introduces or
attempts to introduce or causes or abets the introduction of any such goods within the Union territory of
Delhi, upon which payment of terminal tax due on such introduction, has neither been made nor tendered,
shall be punishable with fine which may extend to ten times the amount of such terminal tax.
465. General penalty.—Whoever, in any case in which a penalty is not expressly provided by this
Act, fails to comply with any notice, order or requisition issued under any provision thereof, or otherwise
contravenes any of the provisions of this Act, shall be punishable with fine which may extend to one
hundred rupees, and in the case of a continuing failure or contravention, with an additional fine which may
extend to twenty rupees for every day after the first during which he has persisted in the failure or
contravention.
466. Offences by companies.—(1) Where an offence under this Act has been committed by a company,
every person who, at the time of offence was committed, was in charge of, and was responsible to, the
company for the conduct of the business of the company, as well as the company, shall be deemed to be
guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any
punishment provided in this Act if he proves that the offence was committed without his knowledge or that
he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been
committed by a company it is proved that the offence has been committed with the consent or connivance
of or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the
company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence
and shall be liable to be proceeded against and punished accordingly.
Explanation—For the purposes of this section—
(a) “company” means a body corporate, and includes a firm or other association of individuals; and
(b) “director” in relation to a firm means a partner in the firm,
1. Subs. by Act 67 of 1993, s. 112, for certain words (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. The words “or an alderman” omitted by s. 112, ibid. (w.e.f. 1-10-1993).
5. The words and brackets “the General Manager (Electricity)” omitted by s. 112, ibid. (w.e.f. 1-10-1993).
6. The words and brackets “the General Manager (Transport)” omitted by Act 71 of 1971, s. 7(b) and the Second Schedule
(w.e.f. 3-11-1971).
153
1
[466A. Certain offences to be cognizable.—The Code of Criminal Procedure, 1973 (2 of 1974), shall
apply to,—
(a) an offence under sub-section (5) of section 313 or section 332 or sub-section (1) of section 333
or sub-section (1) of section 334 or section 343 or section 344 or section 345 or section 347;
(b) an offence under sub-section (1) of section 317 or sub-section (1) of section 320 or sub-section
(1) of section 321 or sub-section (1) of section 325 or section 339 in relation to any street which is a
public street,
as if it were a cognizable offence—
(i) for the purposes of investigation of such offence; and
(ii) for the purposes of all matters other than—
(1) matters referred to in section 42 of that Code, and
(2) arrest of a person, except on the complaint of, or upon information received from, such
officer of the Corporation, not being below the rank of a Deputy Commissioner, as may be
appointed by the Administrator:
Provided that no offence of the contravention of any condition subject of which sanction was accorded
for the erection of any building or the execution of any work shall be cognizable, if such contravention
relates to any deviation from any plan of such erection or execution sanctioned by the Commissioner which
is compoundable on payment of an amount under the bye-laws relating to buildings made under this Act.]
2
[467. Prosecutions.—Save as otherwise provided in this Act, no court shall proceed to the trial of any
offence,—
(a) under sub-section (5) of section 313 or section 332 or sub-section (1) of section 333 or
sub-section (1) of section 334 or section 343 or section 344 or section 345 or section 347 except on the
complaint of or upon information received from, such officer of 3
[
4
[the Corporation]], not being below
the rank of a Deputy Commissioner, as may be appointed by the Administrator;
(b) under sub-section (1) of section 317 or sub-section (1) of section 320 or sub-section (1) of
section 321 or sub-section (1) of section 325 or section 339, if any such offence was committed in
relation to any street which is a public street, except on the complaint of, or upon information received
from, such officer of 3
[
4
[the Corporation]], not being below the rank of a Deputy Commissioner, as
may be appointed by the Administrator;
(c) other than those specified in clauses (a) and (b), except on the complaint of, or upon information
received from, 5
[the Commissioner, or a person authorised by him] by a general or special order in this
behalf.]
468. Composition of offences.—(1)
6
[The Commissioner or any person authorised by him] by general
or special order in this behalf, may either before or after the institution of the proceedings compound any
offence made punishable by or under this Act:
Provided that no offence shall be compoundable which is committed by failure to comply with a notice,
order or requisition issued by or on behalf of 3
[
4
[the Corporation]] or of any of the municipal authorities
specified in section 44 unless and until the same has been complied with so far as the compliance is possible.
(2) Where an offence has been compounded, the offender, if in custody, shall be discharged and no
further proceedings shall be taken against him in respect of the offence so compounded.
1. Ins. by Act 42 of 1984, s. 11 (w.e.f. 10-12-1985).
2. Subs. by s. 12, ibid., for section 467 (w.e.f. 10-12-1085).
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 Act 67 of 1993, s. 113, for certain words and brackets (w.e.f. 1-10-1993).
6. Subs. by s. 114, ibid., for certain words and brackets (w.e.f. 1-10-1993).
154
Magistrates and proceedings before magistrates
469. Municipal magistrates.—(1) The 1*** Government may appoint one or more 2
[Metropolitan
Magistrates] for the trial of offences against this Act and against any rule, regulation or bye-law made
thereunder and may prescribe the time and place at which such magistrate or magistrates shall sit for the
despatch of business.
(2) Such magistrates shall be called municipal magistrates and shall besides the trial of offences as
aforesaid, exercise all other powers and discharge all other functions of a magistrate as provided in this Act
or any rule, regulation or bye-law made thereunder.
(3) Such magistrates and the members of their staff shall be paid such salary, pension, leave and other
allowances as may, from time to time, be fixed by the 3*** Government.
(4) 3
[
4
[The Corporation]] shall, out of the Municipal Fund, pay to the 3*** Government the amounts of
the salary, pension, leave and other allowances as fixed under sub-section (3) together with all other
incidental charges in connection with the establishments of the said magistrates.
(5) Each such magistrate shall have jurisdiction over the whole of Delhi.
(6) For the purposes of 5
[the Code of Criminal Procedure, 1973 (2 of 1974)] all municipal magistrates
appointed under this Act shall be deemed to be magistrates appointed under 6
[section 16] of the said Code.
(7) Nothing in this section shall be deemed to preclude any magistrate appointed hereunder from trying
any offence under any other law.
470. Cognizance of offences.—All offences against this Act or any rule, regulation or bye-law made
thereunder, whether committed within or without the limits of Delhi, shall be cognizable by a municipal
magistrate and such magistrate shall not be deemed to be incapable of taking cognizance of any such offence
or of any offence under any enactment which is repealed by, or which ceases to have effect under, this Act
by reason only of his being liable to pay any municipal tax or rate or benefited out of the Municipal Fund.
471. Limitation of time for prosecution.—No person shall be liable to punishment for any offence
against this Act or any rule, regulation or by-law made thereunder, unless complaint of such offence is
made before a municipal magistrate within six months next after—
(a) the date of the commission of such offence, or
(b) the date on which the commission or existence of such offence was first brought to the notice
of the complainant.
472. Power of magistrate to hear cases in absence of accused when summoned to appear.—If any
person summoned to appear before a magistrate to answer a charge of an offence against this Act or any
rule, regulation or bye-law made thereunder fails to appear at the time and place mentioned in the summons,
or on any date to which the hearing of case is adjourned, the magistrate may hear and determine the case in
his absence, if—
(a) service of the summons is proved to his satisfaction, and
(b) no sufficient cause is shown for the non-appearance of such person.
473. Complaints concerning nuisances and Procedure therefor.—(1) The Commissioner, 7
[or any
municipal officer or other municipal employee authorised by him] in this behalf or any person who resides
or owns property in Delhi, may complain to a municipal magistrate of the existence of any nuisance.
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).
155
(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.
(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
474. Arrest of offenders.—(1) Any police officer may arrest any person who commits in his view any
offence against this Act or against any rule, regulation or bye-law made thereunder, if—
(a) the name and address of such person be unknown to him, and
(b) such person on demand declines to give his name and address or gives a name and address
which such officer has reason to believe to be false.
(2) No person so arrested shall be detained in custody after his true name and address are ascertained
or, without the order of the nearest magistrate, for a period longer than twenty-four hours from the time of
arrest exclusive of the time necessary for the journey from the place of arrest to the court of such magistrate.
475. Duties of police officers.—It shall be the duty of all police officers to give immediate information
to the Commissioner 3*** of the commission of, or the attempt to commit any offence against this Act or
any rule, regulation or bye-law made thereunder and to assist all municipal officers and other municipal
employees in the exercise of their lawful authority.
Legal proceedings
476. Power to institute, etc., legal proceedings and obtain legal advice.—(1) The Commissioner
may—
(a) take, or withdraw from, proceedings against any person who is charged with—
(i) any offence against this Act or any rule, regulation or bye-law made thereunder; or
(ii) any offence which affects or is likely to affect any property or interest of 4
[
5
[the
Corporation]] or the due administration of this Act; or
(iii) committing any nuisance whatsoever;
1. Subs. by Act 67 of 1993, s. 116, for “any of the appropriate municipal authorities” (w.e.f. 1-10-1993).
2. The words “or any other appropriate municipal authority” omitted by s. 116, ibid. (w.e.f. 1-10-1993).
3. The words “or any other appropriate municipal authority” omitted by s. 117, ibid. (w.e.f. 1-10-1993).
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).
156
(b) contest or compromise any appeal against rateable value or assessment of any tax or rate;
(c) take, or withdraw from, or compromise, proceedings under sections 451, 452 and 453 for the
recovery of expenses or compensation claimed to be due to the Corporation;
(d) withdraw or compromise any claim for a sum not exceeding one thousand rupees against any
person;
(e) defend any suit or other legal proceeding brought against 1
[
2
[the Corporation]] or against the
Commissioner or a municipal officer or other municipal employee in respect of anything done or
omitted to be done by any one of them in his official capacity;
(f) with the approval of the Standing Committee 1
[or the Wards Committee] admit or compromise
any claim, suit or other legal proceeding brought against 1
[
2
[the Corporation]] or against the
Commissioner or any municipal officer or other municipal employee in respect of anything done or
omitted to be done as aforesaid;
(g) withdraw or compromise any claim against any person in respect of a penalty payable under a
contract entered into with such person by the Commissioner on behalf of 1
[
2
[the Corporation]];
(h) institute and prosecute any suit or other legal proceeding or with the approval of the Standing
Committee 1
[or the Wards Committee] withdraw from or compromise any suit or any claim for any
sum not exceeding five hundred rupees which has been instituted or made in the name of 1
[
2
[the
Corporation]] or of the Commissioner;
(i) obtain such legal advice and assistance as he from time to time thinks necessary or expedient to
obtain or as he may be required by 1
[
2
[the Corporation]] or the Standing Committee 3
[or the Wards
Committee] to obtain, for any of the purposes mentioned in the foregoing clauses or for securing lawful
exercise or discharge of any power or duty vesting in or imposed upon any municipal authority or any
municipal officer or other municipal employee.
4
* * * * *
477. Protection of action of 1
[
2
[the Corporation]], etc.—No suit or prosecution shall be entertained
in any court against 1
[
2
[the Corporation]] or against any municipal authority or against any municipal officer
or other municipal employee or against any person acting under the order or direction of any municipal
authority or any municipal officer or other municipal employee, for anything which is in good faith done
or intended to be done, under this Act or any rule, regulation or bye-law made thereunder.
478. Notice to be given of suits.—(1) No suit shall be instituted against 1
[
2
[the Corporation]] or against
any municipal authority or against any municipal officer or other municipal employee or against any person
acting under the order or direction of any municipal authority or any municipal officer or other municipal
employee, in respect of any act done, or purporting to have been done, in pursuance of this Act or any rule,
regulation or bye-law made thereunder until the expiration of two months after notice in writing has been
left at the municipal office and, in the case of such officer, employee or person, unless notice in writing has
also been delivered to him or left at his office or place of residence, and unless such notice states explicitly
the cause of action, the nature of the relief sought, the amount of compensation claimed, and the name and
place of residence of the intending plaintiff, and unless the plaint contains a statement that such notice has
been so left or delivered.
(2) No suit, such as is described in sub-section (1), shall, unless it is a suit for the recovery of immovable
property or for a declaration of title thereto, be instituted after the expiry of six months from the date on
which the cause of action arises.
(3) Nothing in sub-section (1) shall be deemed to apply to a suit in which the only relief claimed is an
injunction of which the object would be defeated by the giving of the notice or the postponement of the
institution of the suit.