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.

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.

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.".

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.".

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: —

" (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

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.

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: —

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.

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

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 ⁱ2

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

(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).

(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.

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.

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.'.

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.

"(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;

(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.

3 0

((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.

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 ^t4

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.

(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.

(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.".

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

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.

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

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-

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

717

2 0

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

mechanical

power or by hand power or ghani driven by bullock or any

other animal).

Pharmaceutical or medical products.

2 0

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

719

2 0

(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

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

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

721.

2 0

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.".

2 0

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,