The Delhi Municipal Corporation Act, 1957
โ The Delhi Municipal Corporation Act, 1957
๐ท Overview
The Delhi Municipal Corporation Act, 1957 (DMC Act) was enacted by the Parliament of India to consolidate and amend the law relating to the municipal governance of Delhi. It governs the Municipal Corporation of Delhi (MCD) and lays down the legal framework for urban planning, sanitation, public health, taxation, regulation of land use, and civic amenities in Delhi.
๐ท Objective of the Act
To establish a unified municipal authority in Delhi.
To provide for civic administration, health, sanitation, water supply, building regulations, and public safety.
To empower the corporation to levy taxes and perform various civic functions.
To define the powers, duties, and responsibilities of elected representatives and municipal officers.
๐๏ธ Structure Under the Act
1. Establishment of Municipal Corporation (Section 3)
The Act established the Municipal Corporation of Delhi (MCD).
Initially, there was one unified corporation, but it was trifurcated in 2012 and reunified in 2022.
2. Composition of the Corporation (Sections 5โ9)
The Corporation includes:
Elected Councillors
Nominated Members
Mayor and Deputy Mayor
Commissioner (appointed by the Government)
Elections are held for councillors in accordance with the Act.
โ๏ธ Powers & Functions of the MCD
The Act divides the functions of the MCD into obligatory and discretionary functions.
โ๏ธ Obligatory Functions (Section 42)
Includes:
Sanitation and waste management
Public health (hospitals, dispensaries)
Water supply
Fire services
Street lighting
Registration of births and deaths
Maintenance of public streets
โ๏ธ Discretionary Functions (Section 43)
Includes:
Urban forestry
Promotion of cultural activities
Housing for economically weaker sections
Disaster relief
Sports and recreation
๐ฐ Taxation and Revenue (Sections 113โ149)
The Act empowers MCD to levy various taxes:
Property tax
Tax on vehicles and animals
Theatre and entertainment tax
Advertisement tax
Toll and user fees
These revenues finance municipal services and development projects.
๐งโโ๏ธ Municipal Governance and Administration
1. Standing Committees (Sections 66โ70)
Finance Committee
Education Committee
Works Committee
Other special committees
2. Municipal Commissioner (Section 54 onwards)
Appointed by the Delhi Government.
Acts as the executive head of the Corporation.
Responsible for implementing decisions, enforcing laws, and supervising staff.
๐๏ธ Building and Land Use Regulations
MCD regulates construction and land use through building bye-laws.
Unauthorized construction can be sealed or demolished under Sections 343โ347.
โ๏ธ Judicial Provisions and Penalties
The Act provides penalties for violations of municipal rules such as:
Illegal construction
Non-payment of taxes
Littering or spitting
Offenses are tried in municipal magistrate courts.
๐ Relevant Case Laws on the DMC Act, 1957
1. M.C. Mehta vs. Union of India
Citation: AIR 2004 SC 4016
Issue: Unauthorized constructions and encroachments in Delhi.
Held: Supreme Court directed MCD to strictly enforce provisions of the DMC Act against illegal constructions.
Significance: Reinforced MCDโs duty to protect urban planning and take timely action under Sections 343 and 344 (demolition of unauthorized buildings).
2. Delhi Municipal Corporation vs. Female Workers (Muster Roll)
Citation: AIR 2000 SC 1274
Issue: Maternity benefits for female daily wage workers.
Held: Supreme Court ruled that even daily wage female workers are entitled to maternity benefits.
Significance: Expanded the responsibility of the MCD under labour welfare principles and Article 42 of the Constitution.
3. Okhla Factory Owners' Association vs. Delhi Municipal Corporation
Citation: 2003 (6) SCC 379
Issue: Imposition of house tax on factory premises.
Held: Supreme Court upheld the right of MCD to levy property tax under the Act, provided the procedure and classification are reasonable.
Significance: Validated the taxation power under Section 113.
4. Municipal Corporation of Delhi vs. Gurnam Kaur
Citation: AIR 1989 SC 38
Issue: Right of street vendors and eviction by MCD.
Held: Supreme Court upheld MCDโs action of eviction from unauthorized areas but emphasized that vendors must be relocated reasonably.
Significance: Balanced municipal powers with the right to livelihood under Article 21.
5. Friends Colony Development Committee vs. State of Orissa (Analogous to DMC Act cases)
Though from a different state, this case emphasized that municipal corporations must act firmly against unauthorized construction, and delay on their part cannot legalize illegal acts.
๐ Summary
| Aspect | Description |
|---|---|
| Enacted | 1957 by Parliament |
| Purpose | To regulate municipal governance in Delhi |
| Key Body | Municipal Corporation of Delhi (MCD) |
| Functions | Sanitation, health, education, construction, licensing, taxation, etc. |
| Revenue Sources | Property tax, advertisement tax, tolls, user charges |
| Key Issues in Case Law | Unauthorized construction, taxation, labour rights, street vending, etc. |
๐ Conclusion
The Delhi Municipal Corporation Act, 1957 is a foundational law that governs how the city of Delhi is administered on a day-to-day basis. It creates a structure for urban governance while ensuring legal checks and balances. The Act also gives the MCD extensive powers, but with those powers comes the responsibility to enforce laws fairly and effectively.
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