||Chapter - 1 Preliminary
An act to consolidate and amend the law relation to the Municipal Government of Delhi.
Be it enacted by Parliament in the Eighth Year of the Republic of India as follows: -
Chapter - 1
Short title, extent and commencement-
This act may be called. The Delhi Municipal Corporation Act,. 1957.
Except as otherwise provided in this Act, it extends only to Delhi.
- The provisions of this Act, except this section which shall come into force at once shall come into force on such date as the Central Government may, by notification in the Official Gazettee, appoints.
Provided that different dates may be appointed for different provisions of this Act and any reference in any such provisions to the commencement of this Act shall be construed reference to the coming into force of that provision.
- Definitions – In this Act, unless the context otherwise requires, -
“Administrator “ means the Administrator of the National Capital Territory of Delhi; (1A)” Applellate Tribunal” means an Appellate Tribunal constituted under section 347;
- “budget-grand” means the total sum entered on the expenditure side of a budget estimate under a major head and adopted by the Corporation and includes any sum by which such budget-grant my be increased or reduced by transfer from or to other heads in accordance with provisions of this Act and the regulations made thereunder
- ”building” means a house, hut-house stable, latrine, urinal, shed, hut, wall (offer than bundary wall) or any other structure, whether of masonry, bricks, wood, mud, metal or other material but does to include any portable shelter.
“bye-law” means a bye-law made under this Act, by notification in the Official Gazette;
“casual vacancy” means vacancy occurring otherwise than by efflux of time in the office of a councilor or an alderman or in any other elective office;
“Commissioner” means the Commissioner of the Corporation;
“Corporation” means the Municipal Corporation of Delhi established under this Act;
“Corrupt practice” means any of the practices specified in section 22;
- “dangerous disease” means-
cholera, plague, chicken-pox, small-pox, tuberculosis, leprosy, enteric fever, cerebrospinal meningitis and diphtheria; and
any other epidence, endemic; or infections disease which the Commissioner may, by notification in the Official Gazette, declare to be a dangerous disease for the purpose of this act;
“Delhi” means the entire area of the Union territory of Delhi except New Delhi and Delhi Cantonment.
“Delhi Cantonment” means the area for the time being within the local limits of the Delhi Cantonment Board;
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15A “Election Commission” means the Elections Commissions of the National Capital
“darain” includes a sewer, a house drain, drain of any other description, a tunnel, a culvert, a ditch, a channel and any other device for carrying off sewage, offensive matter, polluted water, waste water, rain water or sub-soil water;
Territory of Delhi referred to in Section 7;
15B“Election Commission” means the Elections Commissions of the National Capital
Territory of Delhi appointed by the Administrative under section 7;
“Entertainment” includes nay exhibition, performance amusement, game or sport to which persons are ordinarily admitted on payment;
“factory” means a factory as defined in the factories Act, 1948 ( 63 of 1948);
“filth” includes offensive matter and sewage;
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“goods~ includes animals
“Government” means the Government of the National Capital Territory of Delhi
“House –gully” or “service passage” means a passage or strip of land constructed, set apart or utilized or the purpose of serving as or carrying a drain or affording access to a latrine, urinal cesspool or other receptacle for filth or other polluted matter, by municipal employed in the cleansing thereof or in the removal of such matter therefrom;
“hut” means any building which is constructed principally of wood, bamboo, mudleaves, grass cloth or thatch and includes any structure of whatever material made which the Corporation may declare to be a hut for the purposes of this Act.
“Land” includes benefits to arise out of land, things attached to the earth or permanently fastened to anything attached to the earth and rights created by law over nay street;
“licensed architect”, “licensed draughtsman”, “licensed engineer”, “licensed plumber”, “licensed surveyor” and “ “licensed town planner” means respectively a person licensed under the provision of this Act as an architect draughtsman, engineer, plumber, surveyor and town planner;
“market” includes any place where persons assembly for the sale of, or for the purpose of exposing for sale, meat, fist, fruits, vegetables, animals intended for human food or any other articles of human food whatsoever, with or without the consent of the owner of such place notwithstanding that there may be no common regulation for the concourse of buyers and seller and whether or not any control is exercised over the business of, or the person frequenting, the market by the owner of the place or by any other person;
“member” in relation to the Corporation means [****]
“municipal authority” means any of the municipal authorities specified in section 44;
“municipal market” means a market vested in or managed by the Corporation;
“municipal slaughter house” means a slaughter house vested in or managed by the Corporation;
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“New Delhi” means the area within the boundaries described in the First Schedule;
“nuisance” includes any act, omission, lace, animal or thing which causes or is likely to cause injury, 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 injuries to health or property;
any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or payable;
an owner in occupation of, or otherwise using his hand or building,
a rent-free tenant of any land or building
a license in occupation of any land or building; and
any person who is liable to pay to the owner damages for the use and occupation of any land or building;
“Offensive matter” includes animal carcasses, kitchen or stable refuse, dung, dirt and putrid or putrefying substances other than sewage;
“Official Gazette” means the Official Gazette of the Union territory of Delhi;
“Owner” includes a person who for the time being is receiving or is entitled to receive, the rent of any land or being whether on his own account or on account of himself and other 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--
the custodian evacuee property in respect of evacuee property vested in him under the Administration of Evacuee Property Act, 1950 (31 of 1950); and
the estate officer to the Government of India, the Secretary of the Delhi Development Authority, constituted under the Delhi Development Act, 1957 (61 to 1957), the General Manager of a railway and the head of a Government department, in respect of properties under their respective control;
“premises” means any land or building or part of a building and includes --
the garden, ground and out-houses, if any, appertaining to a building or part of a building; and
any fittings affixed to a building or part of building for the more beneficial enjoyment thereof;
“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;
“private market” means a market which is not a municipal market;
“private slaughter house” means a slaughter house which is not a municipal slaughter house; >“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;
“pubic securities” means any securities of the Central Government or a State Government or nay securities issued under this Act or any debentures issued by the Bombay, Calcultta or Madras Municipal Corporation;
“public street” means any street which vests in the Corporation as public street or the soil below the surface of which vests in the Corporation or which under the provisions of this Act becomes, or is declared to be, a public street’ aforesaid which is so produced in the course of any trade or carried on at those premises, but does not include domestic sewage;
“trade premises” means any premises used or intended to be use for carrying on any trade or industry;
“trade refuse” means the refuse of any trade or industry;
“urban areas” means the area of Delhi which are not rural areas;
“vehicle” includes a carriage, car van, dray, truck, hand-cart, bicycle, tricycle, cycle-rikshaw, auto-rikshaw, motor vehicle and every wheeled conveyance which is used or is capable or being used on a street;
“ward” means a municipal ward provided by order made under section 5 for the purpose of election of councilors;
63A “ward committee” means the Wards Committee referred to in section 50;
“water course” includes any river, steam or channel whether natural or articial;
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“workshop” means any premises (including the precincts thereof) other than a factory, wherein any industrial process is carried on;
“year” means a year commencing on the 1st day of April.
“zone” means a zone referred to in section 3A]
This Section deals with the definitions of various terms used in the Act which are 68 in number. The meaning given to a particular term under this section is to be applied unless and until the context, wherein a particular term is used, otherwise requires. Dial Singh vs. Gurudwara Sri Akal Takht Air 1928 Lahore 325. The law does not permit a Court to ignore the statutory definition of a term or to proceed to extract the meaning of an expression independently. The Courts should opt to adopt the clear definition of nay clause and should interpret it accordingly. Nana Rao vs. Arunachalam AIR 1940 Madras 385 The Courts have no jurisdiction to correct or amend the definition of any term in the interpretation clause. Mordway vs. Sate__ AIR 1954 V. P. 24.