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GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI or (DEPARTMENT OF LAW, JUSTICE & LEGISLATIVE AFFAIRS) SUT ' 8"™ LEVEL, C-WING, DELHI SECRETARIAT, NEW DELHI Na. F.14(12)/LA-20] 1/ Dated the December, 2011 To The Special Secretary (GAD), General Administration Department, IER) Government of NCT of Delhi EE TIS ETE EO wn 2" Level, A-Wing, a - 29 jy Delhi Secretariat, New Delhi. Sub: Gazette Extraordinary Notification of the Delhi Municipal Corporation (Amendment) Act, 2011 (Delhi Act 12 of 2011) Sir, I am directed to forward herewith two copies of the subject cited notification (English and Hindi versions) for publishing in the Delhi Gazette {Part-IV)-Extra- Ordinary today itself. It is requested that at feast 10 Gazeite copies of the same may be Riitelstaki baat dada A sent to this Department as soon as received from the press. — Yours faithfully. Enct: As above , / (Tarun Sahrawat) Addl Secretary (Law, Justice & L.A.) No, F.14(12)/LA-2011/ (laws /2¢1- EN Dated the ¥9December, 2011 Copy, together with the copy of enclosures, forwarded for information and necessary action io: 1. The Secretary, Government of India, Ministry of Home Affairs. New Delhi-110001 (with 5 copies). 2. The Joint Secretary & Legislative Counsel, Government of India, Ministry of Law & Justice, Legislative Department (Correction Cell), Shastri Bhawan, New Delhi-110001 (with 2 copies). 3. The Pr. Secretary to Lieutenant Governor, Delhi, Raj Niwas. Delhi-110054. 4. The Pr. Secretary to Chief Minister, Govt. of NCT of Delhi, Delhi Secretariat, New Delhi-110002. A The Pr. Secretary (UD), Govt. of NCT of Delhi, Delhi Secretariat, New Delhi-110002 6. The Secretary to Minister of UrbargDevelopment, Govt. of NCT of Delhi. Delhi Secretariat, New Delhi-110002 7. The OSD to Chief Secretary, Govt. of NCT of Delhi, Delhi Secretariat, New Delhi- 110002. . 8. The Secretary (LA), Delhi Legislative Assembly Secretariat, Old Secretariat, Delhi- 110054. 9. The Deputy Secretary (Admn.), Law, Justice and Legislative Affairs, Govt. of NCT of Dethi with the request to upload a copy of the this Act on Department's website. B . { IG |

• • pe Ov Hanis ly (Tarun Salirawat) Addl Secretary (Law, Justice & L.A) ve : (TO BE PUBLISHED IN PART-IV OF THE DELHI GAZETTE-EXTRAORDINAR 7) ‘GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI N (DEPARTMENT OF LAW, JUSTICE & LEGISLATIVE AFFAIRS) 8™ LEVEL, C-WING, DELHI SECRETARIAT, NEW DELH! H0.F.14(12)/LA-2011/ ¢ diy [20 Dated the,99 December, 2011 OTIFICATION wwf’ x0 iNo.F.14(12)/LA-2011/ - The following Act of the Legislative Assembly of the tiztional Capital Territery of Delhi received the assent of the President of India on 23" December, 2011 and is —_— hereby published for general information:- “THE DELHI MUNICIPAL CORPORATION (AMENDMENT) ACT, 2011 {DELHI ACT 12 OF 2011) , {As pissed by the Legislative Assembly of the National Capital Territory of Delhi on the 1% December, 2011) [23 December, 2011] Further to amend the Delhi Municipal Corporation Act, 1957. BE it enacted by the Legislative Assembly of the National Capital Territory of Delhi in the Sixty-second Year of the Republic of india as follows:- 1 Short title ans commencement. — {1) This Act may be called the Delhi Muisicipal Corporatiun (Amendment) Act, 2011. (: It shall coe inta force on such date as the Administrator may, by notification in the official Gazette, appoint : EE — —_—— Provided that different dates may be appointed for different provisions of this Act and any reference ir any such provision to the commencement of this Act shall'be construed ss a referpase, to the coming into force of that provision. — AY So : vs | sen = In the C2lh Municipal Corporatién Act, 1957 {hereinafter referred IN “principal Act” -

1. (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 werds “Central Government” wherever occurring in different sections, the word “Government” shall be substituted except in sections 2{43), 2(51), 2(6), S{1)e) 22 (8), 31; 54, 90(8), 96 (c), 106, 185, 195 (1), proviso to 195 (2), 485, 426, 487, 488 and 490, 490A, (c} for the werd “Delhi” wherever occurring in sections 3(5), 36, 39, 41, 43, 70, 109, 147 (1), 298, 301, 355 , 334 , 399.and 481, the words “lhe 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. . Q 1 EER GRR bv # ; | oe i : 3. Amendment of section 2. — in the principal Act, In section 2, - YW . . . . {a} for clause (6), the following clause shall be substituled, namely: - ' “{6) “Commissioner” means the Commissioner of a Corporation;”; {b) -for clause (7), the following clause shall be substituted, namely: - “(7) “Corporation” means a Corporation established under this Act;”; N {c) in clause {51}, after the words “Central Government”, ithe words “and the B Government" shall be Inserted. 4, Substitution of new heading for the heading of Chapter il. ~ hi the principal ‘Act, for the heading of Chapter II, the following heading shall be substituted, namely: “ESTABUSHMENT OF CORPORATIONS”. 5, Substitution of new sub-heading for the sub-heading of Chapter Il. - In the principal . Act, for the sub-heading of Chapter II, the following sub-heading shall be substituted, namely: - ~ o “Constitution of Corporations”. - ! P re , te 9 ye Amendment of section 3. — In the principal Act, in section 3,- Me : {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. i (1A) The name, area and limits of the three corporations established under sub- section (1) shall be as per the fourteenth schedule;
2. (b) 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.” : (c) for sub-section (5), the following sub-section shall be substituted, namely: - : PA / ( }% . L\) / : . H “{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 w i of establishment of such Corporation, be as determined by the Government by | notification in the-official Gazette”; : (d) In sub-section (6), - : (i) for the first proviso, the following proviso shall be substituted, namely: - i . : “Provided that the total number of seats in all the Corporations in Delhi shail in no case be more than two hundred and seventy two and the f number of seats in each Corporation shall be determined by the : Government at-the time of establishment of such Corporations:”; = ; GR : (1) 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 B Corporation (Amendment) Act, 2011, the population figures of every such Corporation as published in refation to 2001 census shall be , deemed to be the population thereof as ascertained in that census,”; i et tet. | TN oy TY)
3. (e) in sub-section (7), - 8] y 3) A {i} for the words “Central Government”, the word “Government hall ! be substituted. : (ii) for the words "one-third", the words “one-half” shall be substituted. cy fn in sub-section (8), - H ! (iii) for the words “Central Government” wherever occurring, the word 2 “Government” shall be substituted;
   • (iv) for the words “one-third”, the words “one-half” shall be substituted ¢ substation 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 H into a number of wards as specified in the Fourteenth Schedule i (2) The Government may, by notification in the official Gazette, alter the 5 number or the name, and increase or diminish the area of any zone or ward specified in the Fourteenth Schedule.” B 3 | Qs . N / 8. Amendment of section 5. — in the principal Act, in section 5,- :
4. (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;
5. (b) in sub-section (2), for the words “Central Government”, the word “Governtnent” shall be substituted. i - —_— 9. Amendment of section 6. ~ In the principal Act, In section 6, for the opening phrase “The Corparation, with the previous approval of the Central Government”, the following phrase shall be substituted, namely: - : “A Corporation, with the previous approval of the Goydfhm ". ~ Es) pve et 10. Amendment of section 52. — In the principal Act, in sectioNszT sub-section (2), for the opening phrase “The Central Government may, after consultation with the Government”, the words “The Government may” shail be substituted. ! v' 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. (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 Qy . a YY ww ¥ | 13. Amendment of section 99. — In the principal Act, in section 99, in sub-section {1}, in the | conclyding phrase thereof, for the words and brackets “the Municipal Fund of Delhi (herealter in this I Act referred to as “the Municipal Fund”)", the following words and brackets shall be substituted, i namely: - ti i” ! | “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 Lo as “the Municipal I Fund"})". i i 14. Substitution of section 200.- In the principal Act, for section 100, the following section ii shall be substituted, namely: - : ! “100. Municipal Fund to be kept in the State Bank of India. — All moneys payable to in the credit of the Municipal Fund in the General Account shail be received hy the E ' Commissioner of each Corporation and shall be forthwith paid into the State Bank of ol India to the credit of the said Account which shall be entitled “The General Account of the Municipal Fund of the Corporation.” Pa “\ : 15. Amendment of section 203. -~ In the principal Act, in section 203, afte “iib-section {2}, i the following sub-sections shall be inserted, namely :- oi ¢ (3) The contracts already made in accordance with the provisions of the the bye-laws made | thereunder prior to the commencement of. the Delhi Municipal Corporation (Amendment) Act, 2011 i 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 i contract, { . F 16. Amendment of section 298. - In the principal Act, in section 298 for sub-section (1), the iy 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 : IF 3 “provided that no public street which immediately before the cominencement of i the Delhi Municipal Corporation (Amendment) Act, 2011 vested in the Union, shall, i unless the Central Government with the consent of the concerned Corporation so i directs, vest.in such Corporation by virtue of this sub-section,” ; LW i 7 ni 5 TE Lo | J | 17. Amendment of section 479. — In the principal Act, in section 479, - I i {a) in sub-section (2), for the words “Every rule made under this Act, every notification i issued under sub-section (2) of section 3A and sub-section (2). of section 52 and bye- i 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 substitute,
   • (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 in making any modification in the rule, bye-laws or notification or the Legislative Assembly agrees that (he rulg 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.” ~~ J A , 7 18. Substitution of new section for section 481A, — In the principal Act, for sects A, the : + following section shall be substituted, namely; - i “481A. Regulations and bye-laws to be laid before Legislative Assembly of Delhi, — ' The Government shall cause every regulation made under this Act and every bye-law made | under section 481 (o be laid, as soon as may be after it is made or issued, before the R : Lagislative Assembly of Delhi, while it is in session for a total period of thirty days, which may i bz comprised in ane session or in two or more successive sessions, and if, before the expiry I 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 shalf 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.” : / i 6 :
     • • i . [ H ; i i H { B ! a Insertion of new section 484A. — in the principal Act, in Chapter XXIV, after the heading i thereof, and before section 485, the following section shall be inserted, namely: - i “484A. (1) Director of Local Bodies - The Government shall appoint a Director of Local Bodies to assist the Government and discharge functions including ~ (i to coordinate the functions of the Corporations in respect of the common facllities and services that are under the control and management of the : Corporation in whose area they are located ;
     • (ii) to decide, in the interim, the utilization of various assets and discharge of liabilities by the Corporations ;
     • (iii) to frame the recruitment rules for various posts ;
     • (iv) 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 ; { {v) to coordinate the collection and sharing of Toil Tax from Toll centres / gates that are under the cantrol of respective Corporations in which they are : located on the basis of such principles as may be prescribed.
2. (2) 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 : restrictions (including the condition of review by itself), specify in the notification.
3. (3) The terms and conditions of service and the tenure of office of the Director of : Local Bodies shail be such as the Government may, by rules, prescribe. : : (4) The Government shall make available to the Director of Local Bodies such staif as the Bi Government considers necessary for the exercise of the powers conferred on him under sub- section (2) a Sy i | (vs) | 7 20. insertion of new section 4908. — In the principal Act, after section 490A, the following " section shall be inserted, namely: - : . — = Gy . “4908. Delegation of Power by the Government. — The Government may, by “otification 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.” HA nsertion of new section 514 , - In the principal Act, after section 514 A, the following section shall Le inserted, : “5148. Qverriding effect of the provisions of the Delhi Development Act, 1957.- Notwithstanding anything contained in this Act, in case of any repugnancy belween the provisions of this Act and Lhe provisions of the Delhi Development Act, 1957, the provisions of the Delhi Development A 1, 1957 shall prevail over the provisions of this act. f