REGISTERED NO. D. 221
The Gazette of India
EXTRAORDINARY
PART II—Section 2
PUBLISHED BY AUTHORITY
No. 44] NEW DELH1, WEDNESDAY,
AUGUST 31, I966/BHADRA 9, 1888
Separate paging is given to this Part in order that it may be filed as
a separate compilation.
LOK SABHA
The following Bill was
introduced in Lok
Sabha on the 31st
August, 1966: —
BILL NO. 65 OF 1966
A Bill further to amend the Punjab Municipal Act, 1911, as in force in
New Delhi.
BE it enacted by Parliament in the Seventeenth Year of the
Republic of India as follows:-
1. (1) This Act may be called the Punjab
Municipal
(Delhi
Amendment) Act, 1966.
(2) It shall come into force on such date as the Central Govern-
ment may, by notification in the Official Gazette, appoint, and diffe-
rent dates may be appointed for different provisions of this Act
Short
title and
com-
mence-
ment.
66 of 1957.
1O
2. In this Act, "New Delhi" has the meaning assigned to it in
clause (32) of section 2 of the Delhi Municipal
Corporation
Act,
1957.
Definition.
532 G of I—1
? 1 0
THE GAZETTE) OF INDIA EXTRAORDINARY
[PART II
Amend-
ment o(
section 2.
3. In section 2 of the Punjab Municipal Act, 1911, as in force in
New Delhi (hereafter in this Act referred to as the principal Act), in
"Sub-section (I), for the words "the Schedule", the word and figure
Schedule I" shall be substituted.
Pun. Act
3 of 1911.
Amend-
ment of
section 33.
4. In section 33 of the principal Act, in sub-section (1),—
(a) in clause (a),—
(i) for the figures "119, 122", the figures "119, 121. 122"
shall be substituted;
(ii) for the figures and letter "191, 195 A", the figures
and letter "191, 195, 195 A" shall be substituted; and
(b) in clause (d), for the words, figures and letter "under
section 195A and under section 195, except to the extent that
composition under that section shall require the sanction of the
committee", the words, figures and letter "under sections 195
and 195 A" shall be substituted.
5
IO
15
Amend-
ment of
eectlon 43.
5. In section 43 of the principal Act, for sub-section (2), the fol-
lowing sub-section shall be substituted, namely: —
"(2) The committee may provide by bye-laws
consistent
with this Act and with the rules, for provident fund, pension,
gratuity, leave of absence and other conditions of service of the
officers and servants of the committee not being persons in the
service of the Government.".
2O
Insertion
of new
section
53 A.
6. After section 53 of the principal Act, the following section shall
be inserted, namely: —
Payment
of allow-
ances to
non-offl-
cial mem-
bers out
of muni-
cipal
fund.
"53A. The members of the committee, not being salaried
servants of the Government, may be paid out of the municipal
fund such allowances, if any, as may be fixed by the State Gov-
ernment in this behalf.".
25
Amend-
ment of
SAJti'dn 61.
7. In section 61 of the principal Act, in clause (a) of sub-section
(•!), for sub-clause (i), the following sub-clause shall be substituted,
namely: —
P>
" (i) not less than ten and not more than twenty per c«nt. df
the annual vfclife;".
Sic. 2]
THE GAZETTE OF INDIA EXTRAORDINARY
711
5
8 In section 67 nf the principal Act, m sub-section (1), for the
words "or by inserting any property which ought to have been or
ought to be inserted", the words "or by omitting the name of any
person whose name ought not to have been inserted or by altering
the entries in respect of any property whereon any building has
been erected or re-erected after the preparation of the list or by in-
serting any property which ought to have been or ought to be in-
serted" shall be substituted.
Amend-
ment of
section 67.
10
9. In section 72 of the principal Act, in sub-section (2),—
(a) in clause (c), for the words "by fire or otherwise", the
words "by order of th? committee or by fire or otherwise" sh'Ul
be substituted;
Amend-
ment of
section 72.
(b) the following proviso shall be inserted at the end,
namely: —
15
2 0
"Provided that in the case of any such demolition or
destruction otherwise than by order of the committee, the
owner shall give notice thereof in writing to the committee
and no period prior to the date of such notice shall be taken
into account in granting any remission in respect of such
property under this sub-section.".
10. In section 85 of the principal Act, in sub-section (2), for the
words "all other municipal taxes", the words and brackets "all the
municipal taxes (including the amount, if any, in dispute in the
appeal)" shall be substituted.
Amend-
ment of
section 85.
25
11. In section 97 of the principal Act, in sub-section (1), for the
words "owner of any building", the words "owner or occupier of any
building" shall be substituted
Amend-
ment of
section 97.
3°
12. In the principal Act. for the heading "Dangerous or offensive
trades" occurring immediately before section 121 thereof
and for
1he said section 121, the following heading and section shall respecti-
vely be substituted, namely: —
Substitu-
tion of new
section for
aectioniai
'Trades and occupations
35
121. (1) No person shall use or permit to be used any pre-
mises for any of the following purposes without or otherwise
than in conformity with the terms of a licence granted by the
committee in this behalf, namely: —
(a) any of the purposes specified in Part I of Schedule II;
Premises
not to be
used for
certain
purposes
without
licence,
7 i 2
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II
(b) any purpose which is, in the opinion of the
com-
mittee, dangerous to life, health or property or likely to be
a nuisance;
(c) keeping horses, cattle
or oth'T quadruped animals
or birds for transportation, sale or hire or for sale of the
produce thereof; or
5
(d) storing any of the articles specified in Part II of
Schedule TI except for domestic use of any of those articles:
Provided that the committee may declare that premises
in which the aggregate quantity of articles stored for sale
does not exceed such quantity as may be prescribed by bye-
laws in respect of any such articles shall be exempted from
the operation of clause (d).
10
(2) In prescribing the terms of a licence granted under this
section for the use of premises as mills or iron yards or
for
similar purposes, the committee may, when it thinks fit, require
the licensee to provide a snace or passage within the premises
for carts for lending and unloading purposes.
15
C?) The ^comnrttee shal1 fix a scale of fees to be paid in
respect of premises licensed under sub-section (2):
Provided that no such fee shall exceed rupees five hundred.
2 0
(4) Whoever uses or permits to be used any premises for
any of the purpose? referred to in sub-section (/) in contraven-
tion of the provisions of that sub-section or of the terms of a
licence granted under 1'iat sub-section shall be punishable with
fine which may extend to one thousand rupees and in the case
of a continuing contravention, with an additional fine
which
may extend to one hundred rupees for every day after the first
during which the contravention continues.
25
Explanation.—For
the purposes of this section, "premises"
means any land or building or any part of a building within a
municipality and includes—
(a) the garden, ground and out-houses, if any, apper-
taining to such building or part thereof; and
(b) any fittings affixed to such building or any part of
such buildings for the beneficial enjoyment thereof.'.
30
35
SEC. 2 1
THE GAZETTE OF INDIA EXTRAORDINARY
713
13. In section 188 of the principal Act, for sub-claufe (i) of clause
(e), the following sub-clauses shall be substituted, namely: —
Amend-
ment of
section
188.
5
"(i) for the inspection and proper regulation of encamping
grounds, pounds, saraia, dhobi ghats, foodgrain godowns, dispen-
sing chemists' shops, slaughter houses and premises
licensed
under section 121 for the purposes referred to therein;
(ia) for the proper custody and care of animals for the keep-
ing of which licences are granted under section 121;
10
(iaa) for the maximum quantity of any articles which may
be stored for sale in any premises without obtaining a licence
under section 121;".
14. For section 195 of the principal Act, the following section shall
be substituted, namely: —
Substitu-
tion of
new sec-
tion for
section 195.
I
3 0
35
((iQ5.
(I) Where the erection or re-erection of any building
has been commenced, or is being carried on, or has been comple-
ted without or contrary to the sanction referred to in section
189 or in contravention n? any provisions of this Act or the rules
or the bye-laws, the committee may, in addition to any other
action that may be taken under this Act, make an order direc-
ting that such erection or re-erection shall be demolished by the
person at whose
instance the erection or re-erection
has
been commenced, or is being carried on, or has been completed,
within such period (not being less than five days and more than
fifteen days from the date on which a copy of the order of
demolition with a brief statement of reasons therefor has been
delivered to that person) as may be specified in the order of
demolition:
Order of
demolition
and stop-
page of
buildings
and works
in certain
cases and
appeal.
30
Provided that no order of demolition shall be made unless
the person has been given, by means of a notice served in such
manner as the committee may think fit, a reasonable opportunity
of showing cause why such order shall not be made:
*<>
Provided further that where the erection or re-erection has
not been completed, the committee may, by the same order or
by a separate order, whether made at the time of issue of the
notice under the first proviso or at any other time, direct the
person to stop the erection or re-erection until the expiry of the
period within which an appeal against the order of demolition,
if made, may be preferred under sub-section ($),
7 t 4
THE GAZETTK1 OF INDIA EXTRAORDINARY
[PART II
(2) Any person aggrieved by the order of the committee
made under sub-section (1) may prefer an appeal against the
order to the court of the district judge of Delhi
within the
period specified in the order for the demolition of the erection
or re-erection to which it relates.
5
(3) Where an appeal is preferred under
sub-section (2)
against an order of demolition, the court of the district
judge
may stay the enforcement of that order on such terms, It any,
and for such period, as it may think fit:
Provided that where the erection or re-erection has not been
completed at the time of the making of the order of demolition,
no order staying the enforcement of the order of
demolition
shall be made by the court of the district judge unless security,
sufficient in the opinion of the court, has been given by the ap-
pellant for not proceeding with such erection or
re-erection
pending the disposal of the appeal.
10
15
(4) Save as provided in this section, no court shall entertain
any suit, application or other proceeding for Injunction or other
relief against the committee to restrain it from
taking any
action or making any order in pursuance of the provisions of
this section.
2 0
(5) Every order made by the court of the district judge on
appeal and subject only to such order, the order of demolition
made by the committee shall be final and conclusive.
(6) Where no appeal has been preferred against an order of
demolition made by the committee under sub-aectinn (1) or
where the order made by the committee under that sub-section
has been confirmed on appeal, whether with or without varia-
tion, the person against whom the order has been made shall
comply with the order within the period specified therein, or as
the case may be, within the period, if any, fixed by the court of
the d'strict judge on appeal and on the failure of the person to
comply with the order within such period, the committee may
cause the erection or re-erection to which the order relates to
be demolished and the expenses of such demolition
shall be
recoverable from such person as an arrear of tax under
this
Act.".
25
3o
35
Amend-
ment of
section
195 A.
15. In section 195A of the principal Act, for sub-section (1). the
following sub-section shall be substituted, namely: —
" (I) Where the erection or re-erection of any building has
been commenced, or is being carried on without or contrary to
40
SEC. Z\
THE GAZETTE OF INDIA EXTRAORDINARY
^15
the sanction referred to in section 189 or in contravention of any
provisions of this Act or the rules or the bye-laws, the com-
mittee may, by notice, require the owner or any person at whose
instance the erection or re-erection has been commenced, or is
being carried on to stop the same forthwith.".
1 0
16. In section 240 of the principal Act, in clause (k) of sub-section
(1), for the words and figures "and as to the management and
regulation of provident funds established under section 43", the
words, brackets and figures "and as to the regulation of provident
fund, pension, gratuity, leave of absence and other conditions of
service of the officers and servants of the committee referred to in
sub-section (2) of section 43" shall be substituted.
Amend-
ment of
section
240.
15
17. In the principal Act, the existing Schedule shall be numbered
as Schedule I and after Schedule I as so numbered, the following
Schedule shall be inserted, namely: —
Insertion
of new-
Schedule.
"SCHEDULE II
(See section 121)
PART I
2 0
25
30
Purposes for which premises may not be used without a licence.
Carrying out any of the following trades or operations con-
nected with trades: —
1. Baking.
2. Cinematograph films. Shooting of—
3. Cinematograph films by any
process
whatsoever.
Treating of—
4. Chillies or masala or corn or seeds. Grinding of by
mechanical means—
5. Cloth, yarn or leather in indigo or in other colours.
Dyeing or printing of—
6. Cloth or yarn. Bleaching—
7. Eating house or a catering establishment. Keeping of
ttn—
8. Grain. Parching—
716
THE GAZETTE OF INDIA EXTRAORDINARY
[^ART U
9. Ground-nut seeds, tamarind seeds or any other seeds.
Parching—
10. Hair dressing saioon or a barber's shop. Keeping of
B—
11. Hides or skins, whether raw or
dried. Tanning,
pressing or packing—
12. Laundry shop. Keeping a—
13. Leather goods. Manufacturing
of by mechanical
means—
14. Litho press. Keeping a—
15. Lodging house. Keeping of a—
16. Metal. Casting—
17. Precious metals. Refining of—or recovering of them
from embroideries—
18. Printing press. Keeping a—
19. Sweetmeat shop except in premises already licensed
as an eating house. Keeping—
20. Carrying on the trade or business of or any opera-
tion connected with the trade of—
(i) Autocar or autocycle servicing or repairing,
(ii) Blacksmithy.
(iii) Coppersmithy.
(iv) Electro-plating.
(v) Glass bevelling,
(vi) Glass cutting.
(vii) Glass polishing,
(viii) Goldsmithy.
(ix) Marble cutting, grinding, dressing or polishing.
(x) Metal (ferrous or non-ferrous or antimony but ex-
cluding previous metal) cutting or treating metal by ham-
5
10
15
20
25
30
SEC. 2]
THE GAZETTE OF INDIA EXTRAORDINARY
717
5
10
15
2 0
25
30
mering, drilling, pressing, filing, polishing, heating or by
any other process whatever or assembling parts of metal.
(xi) Photography-studio.
(xii) Radio
(wireless receiving set) selling, repairing,
servicing or manufacturing.
(xiii) Silversmithy.
(xiv) Spinning or weaving cotton, silk, art silk, or jute
or wool with the aid of power.
(xv) Stone grinding, cutting, dressing or polishing.
(xvi) Timber or wood sawing or cutting by mechanical
or electric power.
(xvii) Tinsmithy.
(xviii) Washerman's trade.
(xix) Welding of metal by electric, gas or any process
whatsoever.
21. Manufacturing, parching, packing, pressing, cleaning,
cleansing, boiling, melting, grinding or preparing by any process
whatever any of the following articles: —
(i) Aerated waters,
(ii) Bakelite goods.
(ill) Bidis
(indigenous
cigarettes), snuff,
cigars or
cigarettes
(iv) Bitumen.
(v) Blasting powder.
(vi) Bones.
(vii) Bricks or tiles by hand power.
(viii) Bricks or tiles by mechanical power.
(ix) Brushes.
(x) Candles.
(xi) Catgut.
(xii) Celluloid or celluloid goods,
(xiii) Cement concrete designs or models.
(xiv) CharcoaL
fxv) Chemicals.
532 G of I—z
7i8
THE GAZETTE OF INDIA EXTRAORDINARY
[PAHT II
(xvi)
Cinematograph films stripping in connection with
any trade.
(xvii) Cosmetics or toilet goods.
(xviii)
Cotton, cotton refuse, cotton waste,
cotton yarn,
silk, silk yarn, silk inclusive of waste yarn, art silk, art silk
waste, art silk yarn, wool or woollen refuse or waste.
(xix)
Cotton seeds,
(xx)
Dammar.
(xix)
Dynamite.
(xxii)
Fat.
(xxiii)
Fireworks.
(xx iv;
Flax.
(xxv)
Ink for printing, writing, stamping, etc.
(xxvi)
Gas.
(xxvii)
Ghee.
(xxviii)
Glass or glass articles,
fxxix)
Gunpowder,
(xxx)
Hemp.
(xxxi)
Ice (including dry ice),
(xxxii)
Insecticide or disinfectants.
(xxxiii)
Leather cloth or rexina cloth or water-proof cloth.
(xxxiv)
Lime.
(xxxv)
Linseed oil.
(xxxvl)
Matches for lighting (including Bengal matches),
(xxxvii)
Mattresses and pillows,
(xxxviii)
Offal.
(xssit)
Oil-cloth.
(xl)
Oil other than petroleum (either
by
mechanical
power or by hand power or ghani driven by bullock or any
other animal).
Pharmaceutical or medical products.
5
ro
15
2 0
25
30
SEC. 2]
THE GAZETTE OF INDIA EXTRAORDINARY
719
5
10
15
2 0
25
30
(xlii)
Rubber or rubber goods,
(xliiij
Paints,
(xliv)
Paper or cardboard.
Pickers from hides.
(xlvi)
Pitch,
(xlvii)
Plastic goods,
(xlviii)
Pottery by hand power.
(xlix)
Pottery by mechanical or any power other than
hand power.
(1) Sanitary ware of china-ware,
(li)
Soap.
(lii)
Sugar.
(liii)
Sweetmeat and confectionery goods.
(liv)
Tallow,
(lv)
Tar.
(Ivi)
Varnishes.
(lvii)
Wooden furniture, boxes, barrels, khokas, or other
articles of wood or of plywood or of sandal wood.
PART II
Articles which may not be stored in any premises without a licence
1. Asafoetida.
2. Ashes.
3. Bamboos.
4. Bldi leaves.
5. Blasting powder
6. Blood.
7. Bones, bone mea± iv bone powdei.
8. Camphor.
9. Carbide of calcium.
10. Cardboard.
11. Celluloid or celluloid goods.
7 2 O
THE GAZETTE OF INDIA EXTRAORDINARY
[PAHT II
12. CharcoaL
13. Chemicals, liquid.)
14. Chemicals, non-liquid.
15. Chillies.
16. Chlorate mixture.
17. Cinematograph
films—non-inflammable
or
acetate or
safety base.
18. Cloth in pressed bales or boras.
19. Cloth or clothes of cotton, wool, silk, art silk, etc.
20. Coal.
21. Coco-nut fibre.
22. Coke.,'
23. Compound gas, such as oxygen gas, hydrogen gas, nitro-
gen gas, carbon dioxide gas, sulphur dioxide gas, chlorine gas,
acetylene gas, etc.
24. Copra.
25. Cotton including Kahok, surgical cotton and silky cotton.
26. Cotton refuse or waste or cotton yarn refuse or waste.
27. Cotton seed.
28. Detonators.
29. Dry leaves,!
30. Dynamite.
31. Explosive paint such as nitro-cellulose
paint,
lacquer
paint, enamel paint, etc.
32. Fat.
33. Felt.
34. Fins.
35. Firewood,'
36. Fireworks.
37. Fish (dried).
38. FlaxJ
5
10
15
ao
25
30
SEC. 2]
THE GAZETTE OF INDIA EXTRAORDINARY
721.
5
10
5
2 0
25
30
35
39. FulminateJ
40. Fulminate of mercury.
41. Fulminate of silver. 1
42. Gelatine,!
43. Gelignite.)
44. Grass.
45. Gun-cotton,'
46. Gunpowder.'
47. Gunny bags.
48. Hair.
49. Hay or fodder.
50. Hemp.
51. Hessian cloth (gunny-bag cloth).
52. Hides (dried).
53. Hides (raw).
54. Hoofs.
55. HornsJ
56. Incense or esas.
57. Jute.
58. Khokas, boxes, barrels, furniture or any other article of
woodj
59. Lacquer.|
60. Leather.)
61. Matches for lighting (including Bengal matches).
62. Methylated spirit, denatured spirit or French polish.
63. Nitro-cellulose.
64. Nitro-compound.
65. Nitro-glycerine.
66. Nitro-mixture.
67. Offal.
68. Oil, other than petroleum.
69. Oilseeds including almonds, but excluding cotton seeds.
70. Old paper or waste paper including old
newspapers,
periodicals, magazines, etc.
71. Packing stuff (paper cuttings, husk, saw dust, etc).
72. Paints.
722
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II
73. Paper other than old paper in pressed bales or loose or
in reams.
74. Petroleum, other than dangerous petroleum, as denned
in the Petroleum Act, 1934.
75. Phosphorus.
76. Plastic or plastic goods.
77. Plywood.
78. Rags, including small pieces or cuttings of cloth, hessian
cloth (gunny-bag cloth), silk, art silk or woollen cloth.
79. Rosin or dammar Battar otherwise known as Ral.
80. Safety fuses, fog signals, catridges, etc.
81. Saltpetre.
82. Sandalwood,
83. Silk waste, or silk yarn waste, art silk waste, or art silk
yarn waste.
84. Sisal fibre.
85. Skins (raw or dried).
86. Straw.
87. Sulphur.
88. Tallow.
89. Tar, pitch, dammar or bitumen.
90. Tarpauline
91. Thinner.
92. Timber.
93. Turpentine.
94. Varnish.
95. Wool (raw).
96- Yarn other than waste yarn.".
5
10
i5
2 0
25
Sue. 2]
TUB GAZETTE OF INDIA EXTRAORDINARY
723
STATEMENT OF OBJECTS AND REASONS
On August 18, 1965, in reply to a starred question in the Lok
Sabha, the important changes contemplated in the municipal orga-
nization of Delhi were indicated by the Government. It was then
stated that the taxation powers of the New Delhi Municipal Com-
mittee will be brought on a par with those of the Municipal Cor-
poration of Delhi. This Bill has 'been brought forward to give effect
to that proposal. The opportunity is being availed of to remove
certain lacunae and difficulties which have come to notice in the
working of the Punjab Municipal Act, 1911, in its application to the
New Delhi area.
The important changes sought to be made are as follows: —
(1) Clause 7 seeks to raise the maximum limit of tax on
lands and buildings from 12£ per cent, to 20 per cent, of the
annual value so as to bring the rate on a par with the maximum
rate at which the Municipal Corporation of Delhi can levy pro-
perty tax.
(2) Clause 8 seeks to enable the Committee to amend the
assessment list after Its final publication, by omitting the name
of any person whose name ought not to have been included In
the list or by altering the entries in respect of any property on
which any building may have been erected or re-erected after
the list has been finalised.
(3) Clause 9 of the Bill seeks to provide that it shall be
obligatory on the part of the owner to give information relating
to demolition or removal of any buildings so that claims for
remission of tax on such buildings could be entertained only
for the period after the notice has been given.
(4) The Act at present provides that no appeal shall be en-
tertained against any assessment of tax unless the appellant has
paid all other taxes due to the Committee up to the date of
such an appeal but does not provide for payment of the amount
of tax in dispute in the appeal before the appeal is entertained.
Clause 10 makes necessary provisions to cover this lacuna.
(5) At present a water connection can be given by the
Committee only on an application made by the owner of any
724
T H E GAZETTE OF INDIA EXTRAORDINARY
[PART II
building. Clause 11 provides for the grant of such connections
also on an application made by the occupier of any building.
(6) The provisions of the Act in regard to the regulation of
the use of premises for certain dangerous or offensive trades
have been found to be inadequate to deal with the situation as
it now exists. Clause 12 seeks to suitably modify these provi-
sions to enable the Committee to deal with the situation effec-
tively.
|7) Under the Act, no action can be taken by the Commit-
tee in respect of buildings erected without proper sanction after
the expiry of a period of six months from such erection. Clauses
14 and 15 of the Bill seek to make provisions for empowering
the Committee inter alia to take action for demolition of such
buildings at any time.
The Bill seeks to achieve the above objects.
NEW DEUII;
G. L- NANDA.
The 21st August, 1966.
SEC. 2]
THE GAZETTE OF INDIA EXTBAORDINARY
725
MEMORANDUM REGARDING DELEGATED LEGISLATION
Section 188 of the Punjab Municipal Act, 1911 provides for mat-
ters with respect to which bye-laws may be made. Clause 13 of
the Bill seeks to amend this section to provide for making of bye-
laws (i) for the proper custody and care of animals for the keeping
of which licences are granted under section 121, and (ii) for the
maximum quantity of any articles which may be stored for sale in
any premises without obtaining a licence under section 121, also.
Section 240 of the Act provides for matters with respect to which
rules may be made. Clause 16 of the Bill seeks to modify this sec-
tion so as to provide also for making of rules as to the regulation of
pension, gratuity, leave of absence and other conditions of service
of the officers and servants of the Committee not being persons in the
service of the Government.
The above are matters of administrative detail and procedure
and the delegation of legislative power is, therefore, of a normal
character.
S. L. SHAKDHER,
Secretary.
MINTED IN INDIA BY THB GENERAL MANAGER, OOVERNMENT OF INDIA PBEBS
MINTO R<«D, HIW
DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS,
DELHI, 1966,