| 342. | | |
|
|
(1) |
It shall
be lawful for the Chairperson or any person authorised in this behalf by him or
empowered in this behalf by or, under any provision of this Act, rules, regulations
or bye-laws made thereunder to make any entry into any place, and to open or cause
to be opened any door, gate or other barrier-- |
| | | (a) | if
he considers the opening thereof necessary for the purpose of such entry; and
|
| | | (b) | if
the owner or occupier is absent or being present refuses to open such door, gate
or barrier |
| | (2) | Before
making any entry into any such place, or opening or causing to be openened any
such door, gate or other barrier, the Chairperson or the person authorised or
empowered in this behalf, shall call upon two or more respectable inhabitants
of the locality in which the place to be entered into is situated, to witness
the entry or opening and may issue an order in writing to them or any of them
so to do. |
|
| (1) | Every
notice, bill, summons order, requisition or other document required or authorised
by this Act or any rule, regulation or bye-law made thereunder to be served or
issued by or on behalf of the Council, or by the Chairperson or any officer, of
any person shall, save as otherwise provided in this Act or such rule, regulation
or bye-law, be demed to be duly served-- |
| | | (a) | where
the person to be served is a company, if the document is addressed to the secretary
of the company at its registred office or at its principal office or place of
the business and is either -- |
| | | | (i) |
sent by registered post, or |
| | | | (ii) | delivered
at the registreed office or at the principal office or place of business of the
company; |
| | | (b) | where
the person to be served is a partnership firm, if the document is addressed to
the partnership firm at its principal place of business, identifying it by the
name or style under which its business is carried on, and is either -- |
| | | | (i) | sent
by registered post, or |
| | | | (ii) | delivered
at the said place of business; |
| | | (c) | where
the person to be served is a public body, or a corporation, society or other body,
if the document is addressed to the secretary, treasurer or other head officer
of that body, corporation or society at its principal office, and is either --
|
| | | | (i) | sent
by registered post, or |
| | | | (ii) | delivered
at that office; |
| | | (d) | in
any other case, if the document is addressed to the person to be served and --
|
| | | | (i) | is
given or tendered to him, or |
| | | | (ii) | if
such person cannot be found, is fixed on some conspicuous part of his last known
place of residence or business, if within the National Capital Territory of Delhi,
or is given or tendered to some adult member of his family or is affixed on some
conspicuous part of the land or building, if any, to which it relates, or |
| | | | (iii) | is
sent by registered post to that person. |
| | (2) | Any
document which is required or authorised to be served on the owner or occupier
of any land or building may be addressed "the owner" or "the occupier",
as the case may be, of that land or building (naming that land or building) without
further name or description, and shall be deemed to be duly served -- |
| | | (a) | if
the document so addressed is sent or delivered in accordance with clause (d) of
sub-section (1); or |
| | | (b) | if
the document so addressed or a copy thereof so addressed, is delivered to some
person on the land or building or, where there is no person on the land or building
to whom it can be delivered, is affixed to some conspicuous part of the land or
building. |
| | (3) | Where
a document is served on a partnership firm in accordance with this section, the
document shall be deemed to be served on each partner. |
| | (4) | For
the purpose of enablish any document to be served on the owner of any premises
the Chairperson may by notice in writing require the occupier of the premises
to state the name and address of the owner thereof. |
| | (5) | Where
the person on whom a document is to be served is a minor, the service upon his
guardian or any adult member of his family shall be deemed to be service upon
the minor. |
| | (6) | Nothing
in sections 351 and 352 and in this section shall apply to any summons issued
under this Act by a court. |
| | (7) | A
servant is not a member of the family within the meaning of this section. |
| | (1) | If
any notice, order or requisition has been issed to any person in respect of property
of which he is the owner, the Autority or the officer at whose instance such notice,
order or requisition has been issued, may reqire the occupier of such property
or of any part thereof to pay him, instead of to the owner, any rent payable by
him in respect of such property, as it falls due to the amount recoverable from
the owner under section 355. |
| | | Provided
that if the occupier refuses to disclose the correct amount of the rent payable
by him or the name or address of the person to whom it is payable, the officer
may recover from the occupier the whole amount recoverable under section 355 as
an arrear of tax under this Act. |
| | (2) | Any
amount recovered from an occupier instead of from an owner under sub-section (1),
shall, in the absence of any contract between the owner and the occupier to the
contrary, be deemed to have been paid to the owner. |
| | (1) | Where
any person, by reason of his receiving rent of immovable property as a receiver,
agent or trustee, or of his being as a receiver, agent or trustee the person who
would receive the rent if the property were let to a tenant, would under this
Act, or any bye-law made thereunder, be bound to discharge any obligation imposed
on the owner of the property for the discharge of which money is required, he
shall not be bound to discharge the obligation unless he has, or but for his own
improper act or default might have had funds in his hands belonging to the owner
sufficient for the purpose. |
| | (2) | The
burden of proving any fact entitling a receier, agent or trustee to relief under
sub-section (1) shall lie upon him. |
| | (3) | Where
any receiver, agent or trustee has claimed and established his right to relief
under this section, the Chairperson may, by notice in writing require him, to
apply to the discharge of his obligation as aforesaid the first money which may
come to his hands on behalf, or for the use, of the owner and on failure to comply
with the notice, he shall be deemed to be personally liable to discharge the obligation. |
|
| (1) | If,
when the Chairperson demands payment of any expenses referred to in section 355,
his right to demand the same or the amount of the demand is disputed within ten
days after such demand, the Chairperson shall refer the case for determination
-- |
| | | (a) | to
the Appellate Tribunal, if such demand relates to the expenses incurred in taking
necessary action or steps for the completion of any act or work required to be
done or executed in the event of non-compliance with any notice, order or requisition
under sections 221, 229, 247, 248 and 249; |
| | | (b) | to
the court of the disstrict judge of Delhi, in any other case. |
| | (2) | The
Chairperson shall, pending the decision on any such reference, defer further proceedings
for the recovery of the sum claimed by him, and shall, after the decision, proceed
to recover only such amount, if any, as is thereby declared to be done in the
manner referred to in section 355. |
|
| (1) | Where,
in any case not provided for by section 361, the Council or the Chairperson or
any officer or other employee is required by this Act or by any bye-law made thereunder
to pay any expenses or any compensation, the amount to be so paid and if necessary,
the appointment of the same, shall, in case of dispute, be determined by the court
of the district judge of Delhi on an application having been made to it for this
purpose at any time within one year from the date when such expenses or compensation
first became claimable. |
| | (2) | If
the amount of any expenses or compensation ascertained in accordance with sub-section
(1) is not paid by the person liable therefor on demand, it shall be recoverable
as if the same were due under a decree passed by the court of the district judge
in an original suit tried by it. |
| | (3) | Instead
of proceeding in the manner aforesaid for the recovery of any expenses or compensation
of which the amount due has been ascertained as hereinbefore provided, or after
such proceedings have been taken unsuccessfully or with only partial success,
the sum due or the balance of the sum due, as the case may be, may be recovered
by a suit brought against the person liable for same in any court of competent
jurisdiction. |
| |
|
| (1) | The
owner of any land or building may, if he is prevented by the occupier thereof
from complying with -- |
| | | (a) | the
provisions of section 221, section 229, section 247, section 248, section 249,
or section 252, or any bye-law made thereunder or with any notice or order issued
under any such provision apply to the Appellate Tribunal; and |
| | | (b) | any
other provision or any bye-law made thereunder or with any notice, order or requisition
issued under such provision, apply to the court of the district judge of Delhi
and where such application is made within any time that may be fixed for the compliance
with such provision or notice, order or requisition the owner shall not be liable
for his failure to comply with the provision, or notice, order or requistion within
the time so fixed. |
| | (2) | The
Appellate Tribunal or the court, as the case may be, on receipt of such application,
may make a written order requiring the occupier of the land or building to afford
all reasonable facilities to the owner for complying with the said provision or
notice, order or requisition and may also, if it thinks fit direct that the costs
of such application and order be paid by the occupier. |
| | (3) | After
eight days from the date of the order referred to in sub-section (2), the occupier
shall afford all such reasonable facilities to the owner for the purpose aforesaid
as may be specified in the order; and in the event of his continued refusal, to
do so, the owner shall be discharged during the continuance of such refusal, from
any liability which may have been otherwise incurred by reason of his failure
to comply with the said provision or notice, order or requisition. |
|
| (1) | The
Government may, by notification in the Official Gazette, prescribe what fee shall
be paid -- |
| | | (a) | on
any applicatin, appeal or reference under this Act or any bye-law made thereunder
to the court of the district judge of Delhi and |
| | | (b) | for
the issue, in connection with any inquiry or proceedings before that court under
this Act or such bye-law, of any summons or other process. |
| | Provided
that the fee, if any, prescribed under clause (a) shall not, in cases in which
the value of the claim or subject matter is capable of being estimated in money,
exceed the fees leviable for the time being under the provisions of the court-fees
Act, 1870 (7 of 1870) in cases in which the amount of the claim or subject matter
is of a like amount. |
| | (2) | The
Government may, by like notification, determine the person by whom the fee, if
any, prescribed under clause (a) of sub-section (1), shall be payable. |
| | (3) | No
application, appeal or reference shall be received by the court of the district
judge until the fee, if any, prescribed therefor under clause (a) of sub-section
(1) has been paid. |
| | Provided
that the court may, in any case in which it thinks fit so to do, -- |
| | | (i) | recive
an application, appeal or reference made by or on behalf of a poor person, and
|
| | | (ii) | issue
process on behalf of any such person, |
| | without
payment or on part payment of the fees prescribed under this section. |
|
| (1) | Whosoever
-- |
| | | (a) | contravenes
any provision of any of the sections, sub-sections, clauses, provisos or provisions
of this Act mentioned in the first column of the Table in the Tenth Schedule;
or |
| | | (b) | fails
to comply with any order or direction lawfully given to him or any requisition
lawfully made upon him under any of the said sections, sub-sections, clauses,
provisos or provisions,
shall be punishable -- |
| | | | (i) | with
fine which may extend to the amount or with imprisonment for a term which may
extend to the period, specified in that behalf in third column of the said Table
or with both; and |
| | | | (ii) | in
the case of a continuing contravention or failure, with an additional fine which
may extend to the amount specified in the fourth column of that Table for every
day during which such contravention or failure continues after conviction for
the first such contravention or failure. |
| | (2) | Notwithstanding
anything contained in sub-section (1), whoever contravenes the provisions of sub-section
(1) of section 221, or sub-section (1) of section 224, or sub-section (1) of section
225 or sub-section (1) of section 229 or section 244, in relation to any street
which is a public street, shall be punishable with simple imprisonment whih may
extend to six months or with fine which may extend to five thousand rupees or
with both. |
| | (3) | Any
member, referred to in clauses (b) and (d) of sub-section (1) of section 4, who
knowingly acquires, directly or indirectly, any share or interest in any contract
made with, or any work done for the Council, shall be deemed to have committed
offence made punishable under section 168, of the Indian Penal Code (45 of 1860). |
|
| (1) | Where
an offence under this Act has been committed by a company, every person who, at
the time the offence was committed, was in charge of, and was responsible to,
the company for the conduct of the business of the company, as well as the company,
shall be deemed to be guilty of the offence and shall be liable to be proceeded
against and punished accordingly. |
| | | Provided
that nothing contained in this sub-section shall render any such person liable
to any punishment provided in this Act if he proves that the offence was committed
without his knowledge or that he exercised all due diligence to prevent the commission
of such offence. |
| | (2) | Notwithstanding
anything contained in sub-section (1) where an offence under this Act has been
committed by a company and it is proved that the offence has been committed with
the consent or connivance of or is attributable to any neglect on the part of,
any director, manager, secretary or other officer of the company, such director,
manager, secretary or other officer shall also be deemed to be guilty of that
offence and shall be liable to be proceeded against and punished accordingly. |
| | | Explanation
-- For the purposes of this section, -- |
| | | (a) | "company"
means, a body corporate, and includes a firm or other association of individuals;
and |
| | | (b) | "director"
in relation to a firm means a partner in the firm. |
|
| | The
Code of Criminal Procedure, 1973 (2 of 1974), shall apply to, -- |
| | (a) | an
offence under sub-section (5) of section 217 or section 237 or sub-section (1)
of section 238 or sub-section (1) of section 239 or section 247 or section 248
or section 249 or section 252; |
| | (b) | an
offence under sub-section (1) of section 221 or sub-section (1) of section 224
or sub-section (1) of section 225 or sub-section (1) of section 229 or section
244 in relation to any street which is a public street, |
| | | as
if it were a cognizable offence -- |
| | | (i) | for
the purposes of investigation of such offence; and |
| | | (ii) | for
the purposes of all matters other than -- |
| | | | (1) | matters
referred to in section 42 of that Code, and |
| | | | (2) | arrest
of a person, except on the complaint of, or upon information received from, such
officer of the Council, not being below the rank of a Secretary as may be appointed
by the Chairperson. |
| | Provided
that no offence of the contravention of any condition subject to which sanction
was accorded for the erection of any building or the execution of any work shall
be cognizable, if such contravention relates to any deviation from any plan of
such erection or execution sanctioned by the Chairperson which is compoundable
on payment of any amount under the bye-laws relating to buildings made under this
Act. |
|
| | Save
as otherwise provided in this Act, no court shall proceed to the trail of any
offence, -- |
| | (a) | under
sub-section (5) of section 217 or section 237 or sub-section (1) of section 238
or sub-section (1) of section 239 or section 247 or section 248 or section 249
or section 252 except on the complaint of or upon information received from, such
officer of the Council, not being below the rank of a Secretary as may be appointed
by the Chairperson, |
| | (b) | under
sub-section (1) of section 221 or sub-section (1) of section 224 or sub-section
(1) of section 225 or sub-section (1) of section 229 or section 224, if any such
offence was committed in relation to any street which is a public street, except
on the complaint of, or upon information received from, such officer of the Council,
not being below the rank of a Secretary as may be appointed by the Chairperson; |
| | (c) | other
than those specified in clauses (a) and (b) except on the complaint of, or upon
information received from the Chairperson or a person authorised by him by a general
or special order in this behalf. |
|
| (1) | The
Government may appoint one or more metropolitan magistrates for the trial of offences
against this Act and against any rule, regulation or bye-law made thereunder and
may prescribe the time and place at which such magistrate or magistrates shall
sit for the despatch of business. |
| | (2) | Such
magistrates shall be called municipal magistrates and shall besides the trial
of offences as aforesaid, exercise all other powers and discharge all other function
of a magistrate as provided in this Act or any rule, regulation of bye-law made
thereunder. |
| | (3) | Such
magistrates and the members of their staff shall be paid such salary, pension,
leave and other allowances as may, from time to time, be fixed by the Government. |
| | (4) | The
Council shall, out of the New Delhi Municipal Fund, pay to the Government amounts
of the salary, pension, leave and other allowances as fixed under sub-section
(3) together with all other incidental charges in connection with the establishments
of the said Magistrates, |
| | (5) | Each
such magistrate shall have jurisdiction over the whole of New Delhi. |
| | (6) | For
the purpose of the Code of Criminal Procedure 1973 (2 of 1974), all municipal
magistrates appointed under this Act shall be deemed to be magistrates appointed
under section 16 of the said Code. |
| | (7) | Nothing
in this section shall be deemed to preclude any magistrate appointed hereunder
from trying any offence under any other law. |
| | (1) | Upon
the receipt of any complaint under section 379, the magistrate, after making such
inquiry as he thinks necessary, may by written order direct the person responsible
for the nuisance or the owner of the land or building on which the nuisance has
taken place, to take such measures as to such magistrate may seem practicable
and reasonable, and within such period as may be specified in the order for abating,
preventing, removing or remedying such nuisance and may direct the Chairperson
to put into force any of the provisions of this Act or any bye-law made thereunder. |
|
| (2) | The
magistrate may further direct the person found responsible for the nuisance to
pay to the complainant such reasonable costs of and relating to the said complaint
as he shall determine, inclusive of compensation for the complainant's loss of
time in prosecuting such complaint. |
| | (3) | Where
in the opinion of the magistrate immediate action to prevent the nuisance is necessary
he may dispense with the inquiry as required by sub-section (1) and mae such order
as he considers necessary forthwith. |
| | (4) | If
the person directed to take action by an order under sub-section (1) or sub-section
(2) fails to do so within the period specified in the order, the Chairperson may
on the expiry of the said period proceed to take action as directed in the order
or may take such other measures to abate, prevent, remove or remedy the nuisance
as he considers necessary, and all expenses incurred in that connection shall
be recoverable from the person against whom the magistrate has made the order
as an arrear of tax under this Act. |
| | (1) | The
Chairperson may -- |
|
| | (a) | take,
or withdraw from, proceedings against any person who is charged with -- |
| | | | (i) | any
offence against this Act or any rules, regulation or bye-law made thereunder;
or |
| | | | (ii) | any
offence which affects or is likely to affect any property or interest of the Council
or the due administration of this Act; or |
| | | | (iii) | committing
any nuisance whatsoever; |
| | | (b) | contest
or rompromise any appeal against rateable value or assessment of any tax or rate; |
| | | (c) | take,
or withdraw from, compromise proceedings under sections 360, 361, 362 for recovery
of expenses or compensation claimed to be due to the Council; |
| | | (d) | withdraw
or compromise any claim for a sum not exceeding one thousand rupees against any
person; |
| | | (e) | defend
any suit or other legal proceeding brought against the Council or against the
Chairperson or a municipal officer or municipal employee in respect of anything
done or ommitted to be done by any one of them in his official capacity; |
| | | (f) | with
the approval of the Council admit or compromise any claim, suit or other proceeding
brought against the Council or against the Chairperson or any officer or other
employee in respect of anything done or omitted to be done as aforesaid; |
| | | (g) | withdraw
or compromise any claim against any person in respect of a penalty payable under
a contract entered into with such person by the Chairperson on behalf of the Council; |
| | | (h) | institute
and prosecute any suit or other legal proceeding, or with the approval of the
Council withdraw from or compromise any suit or any claim for any sum not exceeding
five hundred rupees which has been instituted or made in the name of the Council
or the Chairperson; |
| | | (i) | obtain
such legal advice and assistance as he from time to time thinks necessary or expedient
to obtain or as he may be required by the Council to obtain for any of the purposes
mentioned in the foregoing clauses or for securing lawful exercise or discharge
of any power or duty vesting in or imposed upon any municipal officer or other
municipal employee. |
| | (1) | No
suit shall be instituted against the Council or against the Chairperson or against
any municipal officer or other municipal employee or against any person acting
under the order or direction of the Chairperson or any municipal officer or other
municipal employee, in respect of any act done, or purporting to have been done,
in pursuance of this Act or any rule, regulation or bye-law made thereunder until
the expiration of two months after notice in writing has been delivered at the
municipal office and, in the case of such officer, employee or person, unless
notice in writing has also been delivered to him at his officer or place of residence,
and unless such notice states explicitly the cause of action, the nature of the
relief sought, the amount of compensation claimed, and the name and place of residence
of the intending plaintiff, and unless the plaint contains a statement that such
notice has been so left or delivered. |
| | (2) | No
suit, such as described in sub-section (1), shall unless it is a suit for the
recovery of immovable property or for a declaration of title thereto, be instituted
after the expiry of six months from the date on which the cause of action arises. |
| | (3) | Nothing
is sub-section (1) shall be deemed to apply to a suit in which the only relief
claimed is an injunction of which the object would be defeated by the giving of
the notice or the postponement of the institution of the suit. |