On 18th April, 2022, Central government notified Delhi Municipal Corporation (Amendment) Act, 2022. In an attempt to improvise the constitutional setup of Delhi Municipal Corporation, provisions of Delhi Municipal Corporation Act, 1957(Act) have been amended which will come into force on date(s) yet to be announced by Central Government from time to time.
Key amendments:
- Delhi’s three separate civil corporations- East, South & North Delhi Municipal Corporations merged into one- Municipal Corporation of Delhi.
- The Commissioner shall exercise powers and discharge functions on “building regulations” under the Centre’s general superintendence and direction.
- Term “Corporation” has been replaced with Municipal Corporation everywhere in the Act.
- Section 2 modifies the Act in the following manner-
- In Section 36(3), Section 41 (1), Section 43 (y), Section 70(b),(c), Section 109 (1), Section 147 (1), Section 301 (d), Section 355, Section 394 (1), Section 399(1) (a) and Section 481, the words “the area of the Corporation” replaced by “Delhi”.
- In Sections 1, 3A, 5, 6, 32A, 55, 56, 57, 193, 330A and 499, for the word “Government”, replaced by “Central Government”.
- After the implementation of amendment of Section 4, “Establishment of Corporation” will be “Establishment of Municipal Corporation of Delhi”.
- 5 of the amendment act, seats reserved for the Scheduled Castes will be allotted by rotation to different wards by the Central Government.
- Election of councillors, and number of seats reserved in each ward will be decided by Central government. Total number of member will belong to Schedules Castes will no longer be just eighty but decided in further notifications by government.
- As per provisions of (6) of Sec. 3, after the completion of each census after the establishment of the Corporation, the number of seats shall be on the basis of the population of Delhi as ascertained at that census and shall be determined by the Central Government.
- The functions of Municipal corporation of Delhi will include-
“(wb) securing and establishment of e-governance system for citizens’ services on an anytime-anywhere basis for better, speedy, accountable and transparent administration”.
- Section 90-A, is substituted, by Sec. 7, as under-
“(1) On the date of establishment of the Corporation under sub-section (1) of section 3, the officers and employees of the erstwhile North Delhi Municipal Corporation, South Delhi Municipal Corporation and East Delhi Municipal Corporation shall, with immediate effect, become the officers and employees of the Corporation.
(2) For the purposes of sub-section (1), the Government may make such rules as may be required.”.
- In Section 444, Service of Notice, new sub-section has been inserted, as under-
“(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.”.
- Section 514-A, has been substituted which introduces, Special Officer who is appointed to exercise the power and discharge the functions of the corporation. On the first meeting of the Corporation is held after the commencement of the Delhi Municipal Corporation (Amendment) Act, 2022.
