Delhi Municipal Corporation (Amendment) Act, 2011

(1)This Act may be called the Delhi Municipal Corporation (Amendment) Act, 2011.

2. It shall come into force on such date as the Administrator may, by notification in the official Gazette, appoint:

Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

2. General " In the Delhi Municipal Corporation Act, 1957 (hereinafter referred to as the "principal act" "

(a) for the words " The Corporation" or "the Corporation", wherever they occur, the words " A Corporation", "every corporation", "each Corporation", or "Corporations", as the case may be, shall be substituted;

(b) for the words "Central Government" wherever occurring in different sections, the word "Government" shall be substituted except in sections 2(43), 2(51), 3(6), 9(1) (g), 22(8), 31, 54, 90(8), 96(C), 106, 185, 195(1), proviso to 195 (2), 485, 486, 487, 488 and 490, 490A.

(c) for the word "Delhi" wherever occurring in sections 3(6), 36, 39,41, 43, 70, 109, 147 (1), 298, 301, 355, 394, 399 and 481, the words "the area of the Corporation" shall be substituted;

and there shall also be made in any sentence in which those words occur such changes as the rules of grammar require.

(a) For clause (6), the following clause shall be substituted, namely:-

(b) "(6) "Commissioner" means the Commissioner of a Corporation;";

(c) For clause (7), the following clause shall be substituted, namely:-

"(7) "Corporation" means a Corporation established, under this Act;";

(a) In clause (51), after the words "Central Government", the words "and the Government" shall be inserted.

4. Substitution of new heading for the heading of Chapter II " In the principal Act, for the heading of Chapter II, the following heading shall be substituted, namely:-

5. Substitution of new sub-heading for the sub-heading of Chapter II - In the principal Act, for the sub-heading of Chapter II, the following sub-heading shall be substituted, namely:-

6. Amendment of Section 3. - In the principal Act, in section 3, -

(a) For sub-section (1), the following sub-sections shall be substituted, namely: -

"(1)The Government shall, by notification in the official Gazette, establish for the purposes of this Act, three Corporations charged with the municipal government of Delhi.

(1A) The name, area and limits of the three corporations established under sub-section (1) shall be as per the fourteenth schedule;

(a) for sub-section (2), the following sub-section shall be substituted, namely:-

"(2) Every Corporation so established shall be a body corporate with name duly notified by the Government having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and may by the said name sue and be sued."

(a) For sub-section (5), the following sub-section shall be substituted, namely:-

"(5) The total number of seats of councilors and the number of seats reserved for the members of the Scheduled Castes in each Corporation, shall, at the time of establishment of such Corporation, be as determined by the Government by notification in the official Gazette.

(a) in Sub-section (6),-

(i) for the first proviso, the following proviso shall be substituted, namely:-

"Provided that the total number of seats in all the Corporations in Delhi shall in no case be more than two hundred and seventy two and the number of seats in each Corporation shall be determined by the Government at the time of establishment of such Corporations.";

(ii) for the third proviso, the following proviso shall be substituted, namely:-

"Provided also that for the first election to the Corporations to be held immediately after the commencement of the Delhi Municipal Corporation (Amendment) Act, 2011, the population figures of every such Corporation as published in relation to 2001 census shall be deemed to be the population thereof as ascertained in that census.";

In sub-section (7), -

For the words "Central Government", the word "Government" shall be substituted.

For the words "one-third", the words "one-half" shall be substituted.

In sub-section (8),-

For the words "Central Government" wherever occurring, the word "Government" shall be substituted;

For the words "one-third", the words "one-half" shall be substituted.

7. Substitution of new section for section 3A - In the principal Act, for section 3A, the following section shall be substituted, namely:-

"3A. Division of the area of a Corporation into Zones and wards. " (1) The area of every Corporation shall be divided into a number of zones and each zone into a number of wards as specified in the Fourteenth Schedule.

(2) The Government may, by notification in the official Gazette, alter the number or the name, and increase or diminish the area of any zone or ward specified in the Fourteenth Schedule.

(a) In Sub-section (1),-

(i) for the word "Delhi" occurring after the word "councilors," and before the word "shall", the words "the area of a Corporation" shall be substituted;

(ii) for the word "Delhi" occurring at the end thereof, the words "the area of that Corporation" shall be substituted;

(b) in sub-section (2), for the words "Central Government", the words "Government" shall be substituted.

9. Amendment of section 6. " In the principal Act, in section 6, for the opening phrase " The Corporation, with the previous approval of the Central Government," the following phrase shall be substituted, namely:-

10. Amendment of section 52.- In the principal Act, in section 52 in sub-section (2), for the opening phrase "The Central Government may, after consultation with the Government", the words " The Government may" shall be substituted.

11. Amendment of section 69. - In the principal Act, in section 69, the word "Delhi" shall be omitted.

12. Insertion of new section 90A. - In the principal Act, after section 90, the following section shall be inserted, namely:

"90A. Certain officers and employees of the erstwhile corporation to become officers and employees of respective corporations "

(1) On the establishment of the Corporations under sub-section (1) of section 3 "

(a) The officers and employees of the erstwhile Corporation at the ward and zonal level shall become officers and employees of the respective new Corporations.

(b) The officers and employees of the erstwhile Corporation, other than those covered under clause (a), shall be divided amongst the new Corporations by the Director of Local Bodies in Consultation with the Commissioner of the erstwhile Corporation.

13. Amendment of section 99. " In the principal Act, in section 99, in sub-section (1), in the concluding phrase thereof, for the words and brackets "the Municipal Fund of Delhi (hereafter in this Act referred to as "the Municipal Fund")", the following words and brackets shall be substituted namely:-

"by the name of the area of the Corporation as specified by the Government under sub-section (1A) of section 3 (hereinafter in this Act referred to as "the Municipal Fund")".

14. Substitution of section 100, - In the principal Act, for section 100, the following section shall be substituted, namely:-

"100. Municipal Fund to be kept in the State Bank of India. " All moneys payable to the credit of the Municipal Fund in the General Account shall be received by the Commissioner of each Corporation and shall be forthwith paid into the State Bank of India to the credit of the said Account which shall be entitled "The General Account of the Municipal Fund of the Corporation."

15. Amendment of section 203.- In the principal Act, in section 203, after sub-section (2), the following sub-sections shall be inserted, namely:-

(3) The contracts already made in accordance with the provisions of the bye-laws made thereunder prior to the commencement of the Delhi Municipal Corporation (Amendment) Act, 2011 shall be deemed to have been executed on behalf of the respective Corporations constituted under sub-section (1) of section 3 by the Commissioner until the expiry of the validity of the period of the contract,

16. Amendment of section 298. " In the principal Act, in section 298 for sub-section (1), the following sub-section shall be substituted, namely :-

"(1) All streets within the jurisdiction of each Corporation constituted under sub-section (1) of section 3 of the this Act which are or at any time become public streets, and the pavements, stones and other materials thereof shall vest in such Corporation:

"provided that no public street which immediately before the commencement of the Delhi Municipal Corporation (Amendment) Act, 2011 vested in Union, shall, unless the Central Government with the consent of the concerned Corporation so directs, vest in such Corporation by virtue of this sub-section.

17. Amendment of section 479.- In the principal Act, in section 479, -

(a) in sub-section (2), for the words "Every rule made under this Act, every notification issued under sub-section (2) of section 3A and sub-section (2) of section 52 an bye-laws made by the Central Government under section 349A", the words "Every rule made under clause (8) of section 22 and section 31" shall be substituted.

(b) after sub-section (2), the following section shall be inserted, namely:-

"(3).- Every rule made under this Act, except rules made under section 22(8) and section 31 of this Act, every notification issued under sub-section (2) of section 3A and sub-section (2) of section 52 and bye-law made by the Government under section 349A shall be laid, as soon as may be after it is made or issued, before the Legislative Assembly of Delhi, 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, the Legislative Assembly agrees that the rule or bye-laws or notification should not be made or issued, the rule or bye-laws 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 or bye-law or notification."

18. Substitution of new section for section 481A.- In the principal Act, for section 481A, the following section shall be substituted, namely:-

The 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 or issued, before the Legislative Assembly of Delhi, 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, the Legislative Assembly agrees, in making any modification in the regulation or bye-law or the Legislative Assembly agrees that the regulation or bye-law should not be made or issued, 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.

19. Insertion of new section 484A. - In the principal Act, in Chapter XXIV, after the heading thereof, and before section 485, the following section shall be inserted, namely:-

"484A. (1) Director of Local Bodies. " The Government shall appoint a Director of Local Bodies to assist the Government and discharge functions including "

To coordinate the functions of the Corporations in respect of the common facilities and services that are under the control and management of the Corporation in whose area they are located;

To decide, in the interim, the utilization of various assets and discharge of liabilities by the Corporations;

To frame the recruitment rules for various posts;

To resolve the functional and administrative anomalies or difficulties arising, if any, after constitution of the three corporations in consultation with the Commissioner(s) thereof;

To coordinate the collection and sharing of Toll Tax from Toll centres / gates that are under the control of respect of respective Corporations in which they are located on the basis of such principles as may be prescribed.

The Director of Local Bodies shall exercise such powers of the Government in relation to the affairs of the Corporations (not being power under sections 487 to 490), as the Government may, by notification in the official Gazette and subject to the conditions and restricting (including the condition of review by itself), specify in the notification.

The terms and conditions of service and the tenure of office of the Director of Local Bodies shall be such as Government may, by rules, prescribe.

The Government shall make available to the Director of Local Bodies such staff as the Government considers necessary for the exercise of the powers conferred on him under sub-section (2)

20. Insertion of new section 490B.- In the principal Act, after section 490A, the following section shall be inserted, namely:-

"490B. " Delegation of power by the Government.- The Government may, by notification in the official Gazette, direct that any power exercisable by it under this Act shall, subject to such conditions, if any, as may be specified in the notification, be exercisable by any of its officers or by Commissioner or by any other authority."

21. Insertion of new section 514 B.- In the principal Act, after section 514 A, the following section shall be inserted,:

"514-B. Overriding effect of the provisions of the Delhi Development Act, 1957.- Notwithstanding anything contained in this Act, in case of any repugnancy between the provisions of this Act and the provisions of the Delhi Development Act, 1957, the provisions of the Delhi Development Act, 1957 shall prevail over the provisions of this Act.

22. Substitution of Fourteenth Schedule.- In the principal Act, for the Fourteenth Schedule, the following schedule shall be substituted, namely:-

S.No.	Name of the Corporations	Ward No.	Name of the ward	Name of the Zone
1.	North Delhi Municipal Corporation	1	Narela	Narela
		2	Bankner
		3	Alipur
		4	Bakhtawar Pur
		5	Bhalswa Jahangir Puri	Civil Lines Civil Lines
		6	Mukund Pur
		7	Burari
		8	Jharoda
		9	Malka Ganj
		10	Timar Pur
		11	Mukherjee Nagar
		12	G.T.B. Nagar
		13	Dhir Pur
		14	Adarsh Nagar
		15	Sarai Pipal Thala
		16	Jahagir Puri " I
		17	Samaypur Badli
		18	Lobas Pur
		19	Bhalswa
		20	Jahangir Puri " II
		21	Rohini
		22	Rithala
		23	Budh Vihar
		24	Vijay Vihar
		25	Pooth Kalan
		26	Sahibabad Dault Pur
		27	Begampur	Narela
		28	Bawana
		29	Karala
		30	Mundaka	Najafgarh
		31	Nangloi Jat West
		32	Nilothi	Narela
		33	Pratap Nagar	Rohini
		34	Nithari
		35	Kirai Suleman Nagar
		36	Prem Nagar
		37	Sultanpuri East
		38	Mangol Puri North
		39	Sultanpur Majra
		40	Sultanpuri South
		41	Guru Harikishan Nagar	West
		42	Peeragarhi
		43	Nangoli East
		44	Quammruddin Nagar
		45	Rohini South	Rohini Rohini
		46	Mangolpuri East
		47	Magolpuri
		48	Magolpuri West
		49	Rohini North
		50	Rohini Central
		51	Rohini East
		52	Naharpur
		53	Pitampura South
		54	Pitampura North
		55	Shalimar Bagh North
		56	Shalimar Bagh South
		57	Paschim Vihar South	West
		58	Paschim Vihar North
		59	Rani Bagh	Rohini
		60	Saraswathi Vihar
		61	Tri Nagar
		62	Rampura
		63	Kohat Enclave
		64	Shakur Pur
		65	Nimri Colony
		66	Sawan Park
		67	Wazirpur
		68	Ashok Vihar
		69	Kamla Nagar	Civil Lines Civil Lines
		70	Rana Pratap Bagh
		71	Sangam Park
		72	Model Town
		73	Shastri Nagar	S.P.Zone
		74	Inder Lok Colony	Karol Bagh Zone
		75	Kishan Ganj
		76	Deputy Ganj
		77	Kashmere Gate	Civil Lines
		78	Majnu Ka Tilla
		79	Jama Masjid	City
		80	Chandni Chowk
		81	Minto Road
		82	Kucha Pandit
		83	Bazaar Sita Ram
		84	Turkman Gate
		85	Idgah Road	S.P.Zone
		86	Ballimaran	City
		87	Ram Nagar	S.P.Zone
		88	Qasabpura
		89	Paharganj
		90	Model Basti
		91	Karol Bagh	Karol Bagh Zone
		92	Dev Nagar
		93	Baljit Nagar
		94	West Patel Nagar	Karol Bagh Zone
		95	East Patel Nagar
		96	New Ranjit Nagar
		97	Kirti Nagar	West West
		98	Mansarovar Garden
		99	Moti Nagar
		100	Karam Pur
		149	Rajinder Nagar	Karol Bagh Zone
		150	Pusa
		151	Inderpuri
		152	Naraina
2.	South Municipal Corporation	101	Raja Garden	West
		102	Raghubir Nagar
		103	Punjab Bagh
		104	Madipur
		105	Rajouri Garden
		106	Tagore Garden
		107	Vishnu Garden
		108	Khyala
		109	Janak Puri North
		110	Nangal Raya
		111	Hari Nagar	West
		112	Subash Nagar
		113	Mahavir Nagar
		114	Tilak Nagar
		115	Major Bhupinder Singh Nagar
		116	Vikaspuri East
		117	Janakpuri West
		118	Janakpuri South
		119	Milap Nagar	Najafgarh
		120	Sitapuri
		121	Kanwar Singh Nagar	West
		122	Hastsal
		123	Vikaspuri
		124	Vikas Nagar	West West
		125	Mohan Garden
		126	Nawada
		127	Uttam Nagar
		128	Bindapur
		129	Dabri	Najafgarh
		130	Mangalpuri
		131	Sagarpur
		132	Sagarpur West
		133	Chhawla
		134	Nangli Sakravati
		135	Kakraula
		136	Matiala
		137	Roshanpura
		138	Najafgarh
		139	Dichaon Kalan	Najafgarh Najafgarh
		140	Khera
		141	Bijwasan
		142	Raj Nagar
		143	Kapashera
		144	Mahipalpur
		145	Palam
		146	Sadh Nagar
		147	Mahavir Enclave
		148	Madhu Vihar
		153	Darya Ganj	City
		154	Nizamuddin
		155	Lajpat Nagar	Central Central
		156	Bhogal
		157	Kasturba Nagar
		158	Kotla Mubarakpur
		159	Andrews Ganj
		160	Amar Colony
		161	Malviya Nagar	South
		162	Village Hauz Rani
		166	Munirka
		167	R.K. Puram
		168	Nanak Pura
		169	Lado Sarai
		170	Mehrauli
		171	Vasant Kunj
		172	Kishangarh	Najafgarh
		173	Said ul Ajaib	South South
		174	Chhatarpur
		175	Aya Nagar
		176	Bhati
		177	Sangam Vihar
		178	Deoli
		179	Tigri
		180	Dakshin Puri Extn.
		181	Khanpur
		182	Ambedkar Nagar
		183	Madangir
		184	Pushp Vihar
		185	Tuglakabad Extn.	Central
		186	Sangam Vihar West
		187	Sangam Vihar Central
		188	Sangam Vihar East
		189	Chiragh Delhi	South
		190	Chittaranjan Park	Central
		191	Shahput Jat	South
		192	Greater Kailash " I	Central Central Central
		193	Sriniwas Puri
		194	East of Kailash
		195	Govind Puri
		196	Kalkajil
		197	Tughlakabad
		198	Pul Pehlad
		199	The Khand
		200	Harkeshnagar
		201	Jaitpur
		202	Meetha Pur
		203	Badarpur
		204	Molarband
		205	Zakir Nagar
		206	Okhla
		207	Madanpur Khadar
		208	Sarila Vihar
3.	East Delhi Municipal Corporation	209	Mayor Vihar Ph-I	Shahdara North Shahdara North Shahdara North Shahdara North
		210	Dallupura
		211	Trilok Puri
		212	New Ashok Nagar
		213	Kalyan Puri
		214	Khichripur
		215	Kondli
		216	Gharoli
		217	Vinod Nagar
		218	Mandawali
		219	Mayur Vihar Ph-II
		220	Palparganj
		221	Kishan Kunj
		222	Laxmi Nagar
		223	Shakarpur
		224	Pandav Nagar
		225	Anand Vihar
		226	Vishwash Nagar
		227	I.P.Extension
		228	Preet Vihar
		229	Krishna Nagar
		230	Geeta Colony
		231	Ghondli
		232	Anarkali
		233	Dhara Pura
		235	Azad Nagar
		236	Raghubar Pura
		238	Jhilmil
		239	Vivek Vihar
		240	Dilshad Colony	Shahdara North Shahdara North Shahdara North Shahdara North Shahdara North
		241	Dilshad Garden
		242	New Seema Puri
		243	Nand Nagri
		244	Sunder Nagri
		245	Durga Puri
		246	Ashok Nagar
		247	Ram Nagar
		248	Welcome Colony
		249	Chauhan Bangar
		250	Zaffrabad
		251	New Usmanpur
		252	Mauj Pur
		253	Bhajanpura
		254	Brahampuri
		255	Ghonda
		256	Yamuna Vihar
		257	Subbash Mohalla
		258	Kardampuri
		259	Janta Colony
		260	Babarpur
		261	Jiwanpur
		262	Gokalpur
		263	Saboli
		264	Harsh Vihar
		265	Shiv Vihar
		266	Karawal Nagar East
		267	Nehru Vihar
		268	Mustafabad
		269	Khajoori Khas
		270	Tukhim Pur
		271	Karawal Nagar West
		272	Sonia Vihar

Serious concerns had been expressed for quite some time about the constant deteriorating state of basic civic services in Delhi and the ever increasing woes of the Delhities on that account. As long back as in 1989, the Balakrishnan Committee constituted by the Ministry of Home Affairs, Government of India, on reorganization of Delhi set-up, recommended that the monolithic Municipal Corporation of Delhi (MCD) may be abolished and replaced by a number of compact municipalities at various centers in Delhi in the interest of providing to the public more efficient civic services. Looking at the monolithic structure of the MCD having jurisdiction over 94.22 percent of the area and 95.90 percent of the population (2001) of the NCT of Delhi with comparative remoteness of its power centre from the people, it is meant to serve, the Virendra Prakash Committee set-up by the Government of National Capital Territory of Delhi also recommended in its report in February, 2001, to split MCD into four Corporations and two Councils. Recently, Group of Ministers (GOM) also made Recommendations for splitting the Corporation into five.

The need for splitting the MCD is being felt all the more now with the phenomenal growth of population which may reach two crore in the next 8-10 years.

The min objective behind the Delhi Municipal Corporation (Amendment) Bill, 2011 is to make enabling provisions in law for restructuring of the MCD through creation of three Corporations in the National Capital Territory of Delhi.

The Bill also provides for stream-lining of the functional domain of the Corporation with delegation of powers vesting in the Central Government to the Government of NCT of Delhi.

Hence, this Bill.

The Delhi Municipal Corporation (Amendment) Bill, 2011 does not involve at the moment any additional financial assistance to the Corporation from the Central Government through substantive expenditure from the Consolidated Fund of the National Capital Territory of Delhi.

In so far as the Delhi Municipal Corporation of Delhi is concerned, its restructuring is proposed to be so done that there is no need for additional building, other infrastructure and staff. Posts of Commissioners will have to be created for two new corporations besides, certain statutory posts as required under section 89 of the DMC Act like Municipal Engineer, Municipal Health Officer, Education Officer, Municipal Chief Accountant, Municipal Secretary and Chief Auditor while would have to be created in regard to two new corporations and the said posts could be filled-up in accordance with the provisions of the Recruitment rules for these posts. To this extent, there would be an additional financial liability which will be met through internal resources and no financial assistance will be sought from the MHA/Government of India. The existing infrastructure and staff shall be divided amongst the Corporations.

Clauses 17, 18 of the Delhi Municipal Corporation (Amendment) Bill, 2011 empower the Government to make rules and bye-laws and approve the regulations and bye-laws made by the Corporation.

The matters in respect of which rules may be made and regulations and bye-laws approved are matters of administrative details and procedure and, as such, the delegation of legislation power is normal.