## Report on the Delhi Municipal Corporation Amendment Act, 2022
**1. Executive Summary:**
This report analyzes the Delhi Municipal Corporation Amendment Act, 2022 (No. 10 of 2022) based on the provided government policy text. This Act amends the Delhi Municipal Corporation Act, 1957. The core purpose, as inferred from the text, is to unify the municipal governance of Delhi, streamlining operations and services. Key changes include the unification of the erstwhile North, South, and East Delhi Municipal Corporations into a single Municipal Corporation of Delhi, adjustments to terminology within the original Act, and provisions for the central government to determine various aspects of the corporation's structure and function. The report details these changes, their likely rationale, and expected impacts.
**2. Introduction:**
The purpose of this report is to provide an informative overview of the Delhi Municipal Corporation Amendment Act, 2022 (No. 10 of 2022) based solely on the provided government policy text. This report aims to outline the key amendments, their intended effects, and relevant implementation aspects as discernible from the document.
**3. Policy Overview:**
* This Act amends the Delhi Municipal Corporation Act, 1957.
* **Core Objective(s):** The primary objective, inferred from the text, is to restructure and consolidate the municipal governance of Delhi by unifying the existing municipal corporations into a single entity: the Municipal Corporation of Delhi. Secondary objectives inferred include standardizing administrative practices, streamlining services, and ensuring effective governance.
**4. Background and Rationale:**
This amendment likely addresses issues related to the fragmentation of municipal services and administration across the three previously separate corporations (North, South, and East Delhi Municipal Corporations). The unification suggests an effort to reduce redundancies, improve coordination, and potentially enhance efficiency in service delivery across Delhi. The amendments granting the Central Government more control over aspects such as seat determination and the appointment of a Special Officer suggest concerns about ensuring a smooth transition and effective governance during the restructuring process.
**5. Key Provisions / Changes:**
This section details the key changes introduced by the Delhi Municipal Corporation Amendment Act, 2022 to the Delhi Municipal Corporation Act, 1957:
* **Unification of Corporations:** The North Delhi Municipal Corporation, South Delhi Municipal Corporation, and East Delhi Municipal Corporation are subsumed into the Municipal Corporation of Delhi (Section 13 - New Section 514AA). This is a fundamental change, consolidating all assets, liabilities, and operations into a single entity.
* **Effect:** This creates a single, unified municipal body for Delhi, eliminating the previous multi-corporation structure.
* **Terminology Changes:** The words "A Corporation", "every Corporation", "each Corporation" or the word "Corporations" are replaced with "The Corporation" or "the Corporation" throughout the principal Act (Section 2).
* **Effect:** This reflects the creation of a single corporation and ensures consistency in the legal language.
* **Central Government Authority:** Several sections are amended to replace the word "Government" with "Central Government" (Section 2c). The Central Government is also given the authority to determine the number of councillor seats, reservation of seats for Scheduled Castes (Section 5), and appoint a Special Officer (Section 13 - New Section 514A).
* **Effect:** This increases the Central Government's oversight and control over the Municipal Corporation of Delhi, particularly during the initial phase of its establishment.
* **Officers and Employees Transfer:** Officers and employees of the erstwhile North, South, and East Delhi Municipal Corporations immediately become officers and employees of the unified Corporation upon its establishment (Section 7 - New Section 90A).
* **Effect:** This ensures continuity of operations and staffing during the transition.
* **Contracts:** Contracts made before this amendment will still be in effect until the end of the contracts (Section 8)
* **Service of Notices:** Section 444 is amended to allow for service of notices and summons by various means including registered post, speed post, courier services approved by the High Court, fax, or electronic mail (Section 10).
* **Effect:** This modernizes the service of notices and summons, potentially improving efficiency and accountability.
* **E-governance:** Clause wb is added in Section 42 to make for a more transparent government (Section 6)
* **Omission of Sections:** Section 388 and Section 484A are omitted from the principal Act (Sections 9 and 12). The impact of these omissions cannot be determined without knowing the content of the omitted sections.
**6. Target Audience and Stakeholders:**
Based on the provided text, the primary target audience and stakeholders directly affected by this amendment include:
* **Residents of Delhi:** The changes aim to improve municipal services and governance, directly impacting the lives of Delhi residents.
* **Employees of the erstwhile Municipal Corporations:** Their employment is transferred to the new unified corporation.
* **The Central Government:** The amendment grants the Central Government increased authority and responsibility for overseeing the Municipal Corporation of Delhi.
* **Contractors and businesses working with the Municipal Corporations:** Existing contracts are transferred to the new entity.
**7. Implementation Aspects (Inferred):**
* **Responsible Agency/Bodies:** The Central Government plays a significant role in the implementation, including determining the number of seats, appointing a Special Officer, and potentially issuing notifications for various provisions to come into force. The newly formed Municipal Corporation of Delhi is also responsible for implementing the changes.
* **Timelines/Procedures:** The Act comes into force on a date to be appointed by the Central Government via notification in the Official Gazette. The Central Government can appoint different dates for different provisions. The Act also makes provisions for the appointment of a Special Officer until the first meeting of the Corporation.
* **Transitional Arrangements:** The transfer of employees, assets, liabilities, and ongoing legal proceedings from the erstwhile corporations to the new corporation indicate a structured transition process.
**8. Expected Outcomes / Impact of Changes:**
The likely intended outcomes of these changes include:
* **Improved Efficiency and Coordination:** Unifying the corporations may lead to streamlined administrative processes, reduced duplication of efforts, and better coordination in service delivery.
* **Enhanced Governance:** Increased Central Government oversight and the potential for the appointment of a Special Officer suggest an effort to ensure effective governance during the transition period.
* **Modernized Service Delivery:** The provision for electronic service of notices and summons points towards an effort to modernize and improve the accessibility of municipal services.
**9. Conclusion:**
The Delhi Municipal Corporation Amendment Act, 2022 represents a significant restructuring of the municipal governance system in Delhi. The unification of the municipal corporations, changes to terminology, and increased Central Government oversight are key features of this amendment. The success of this initiative will depend on effective implementation and a smooth transition of operations to the newly formed Municipal Corporation of Delhi. The likely intended outcomes are improved efficiency, enhanced governance, and modernized service delivery for the residents of Delhi.
Key Entities Referenced
Delhi Municipal Corporation Amendment Act, 2022: An Act further to amend the Delhi Municipal Corporation Act, 1957.
Parliament: The legislative body that enacted the Delhi Municipal Corporation Amendment Act, 2022.
Republic of India: The nation governed by the constitution
Central Government: The governing body responsible for appointing dates, determining seats, and issuing notifications related to the Delhi Municipal Corporation Amendment Act, 2022.
Official Gazette: The official publication used by the Central Government for notifications related to the Act.
Delhi Municipal Corporation Act, 1957: The principal Act that the Delhi Municipal Corporation Amendment Act, 2022 amends.
The Corporation: Refers to the Municipal Corporation of Delhi after the amendments.
Municipal Corporation of Delhi: The governing body charged with the Municipal Government of Delhi.
Scheduled Castes: Refers to the group for whom seats are reserved in the Corporation.
North Delhi Municipal Corporation: One of the erstwhile corporations that will be subsumed into the Municipal Corporation of Delhi.
South Delhi Municipal Corporation: One of the erstwhile corporations that will be subsumed into the Municipal Corporation of Delhi.
East Delhi Municipal Corporation: One of the erstwhile corporations that will be subsumed into the Municipal Corporation of Delhi.
High Court: The court which approves courier services for delivery of notices, summons and other documents
Special Officer: A person to be appointed by the Central Government to exercise power and discharge the functions of the Corporation.
New Delhi: Location of Ministry of Law and Justice, Government of India
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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 18th April, 2022/Chaitra 28, 1944 (Saka)
The following Act of Parliament received the assent of the President on the
18th April, 2022 and is hereby published for general information:—
THE DELHI MUNICIPAL CORPORATION (AMENDMENT)
ACT, 2022
NO. 10 OF 2022
[18th April, 2022]
An Act further to amend the Delhi Municipal Corporation Act, 1957.
BE it enacted by Parliament in the Seventy-third Year of the Republic of India as
follows:—
1. (1) This Act may be called the Delhi Municipal Corporation (Amendment) Short title and
Act, 2022. commencement.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint:
Provided that different dates may be appointed for different provisions of this Act
and any reference in any such provision to the commencement of this Act shall be construed
as a reference to the coming into force of that provision.2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
General. 2. In the Delhi Municipal Corporation Act, 1957 (hereinafter referred to as the principal 66 of 1957.
Act),—
(a) for the words "A Corporation", "every Corporation", "each Corporation" or
the word "Corporations", wherever they occur in the Act, the words "The Corporation"
or "the Corporation", as the case may be, shall be substituted;
(b) in sub-section (3) of section 36, sub-section (1) of section 41, clause (y) of
section 43, clauses (b) and (c) of section 70, sub-section (1) of section 109,
sub-section (1) of section 147, clause (d) of section 301, section 355, sub-section (1)
of section 394, clause (a) of sub-section (1) of section 399 and section 481, for the
words "the area of the Corporation" wherever they occur, the word "Delhi" shall,
subject to such changes as the rules of grammar require, be substituted;
(c) in sections 1, 3A, 5, 6, 32A, 55, 56, 57, 193, 330A and 499, for the word
"Government", wherever it occurs, the words "Central Government" shall be
substituted.
Amendment 3. In the principal Act, in section 2,—
of section 2.
(a) in clause (6), for the words "a Corporation", the words "the Corporation"
shall be substituted;
(b) in clause (7), for the words "a Corporation of Delhi", the words "the
Municipal Corporation of Delhi" shall be substituted.
Substitution of 4. In Chapter II, for the heading and sub-heading, the following heading and
heading and sub-heading shall be substituted, namely:—
sub-heading of
Chapter II.
"ESTABLISHMENT OF MUNICIPAL CORPORATION OF DELHI
Constitution of Municipal Corporation".
Amendment 5. In the principal Act, in section 3,—
of section 3.
(a) for sub-sections (1) and (1A), the following sub-section shall be substituted,
namely:—
"(1) With effect from such date as the Central Government may, by
notification in the Official Gazette, appoint, there shall be a Corporation charged
with the Municipal Government of Delhi, to be known as the Municipal
Corporation of Delhi.";
(b) in sub-section (2), for the word "Government", the words "Central
Government" shall be substituted;
(c) for sub-sections (5) and (6), the following sub-sections shall be substituted,
namely:—
"(5) The total number of seats of councillors and the number of seats
reserved for the members of the Scheduled Castes in the Corporation, shall, at
the time of establishment of Corporation, be as determined by the Central
Government by notification in the Official Gazette.
(6) Upon 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 by notification in the Official Gazette and the number of seats to be
reserved for the members of the Scheduled Castes shall, as nearly as may be,
bear the same ratio to the total number of seats as the population of Scheduled
Castes bears to the total population of Delhi:
Provided that the total number of seats shall in no case be more than two
hundred and fifty and the number of seats in the Corporation shall be determinedSEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
by the Central Government at the time of the establishment of the Corporation:
Provided further that the determination of seats as aforesaid shall not
affect the then composition of the Corporation until the expiry of the duration
of the Corporation:
Provided also that the seats reserved for the Scheduled Castes may be
allotted by rotation to different wards in such manner as the Central Government
may, by order published in the Official Gazette, direct.".
6. In the principal Act, in section 42, after clause (wa), the following clause shall be Amendment
inserted, namely:— of section 42.
"(wb) securing and establishment of e-governance system for citizens' services
on an anytime-anywhere basis for better, speedy, accountable and transparent
administration;".
7. In the principal Act, for section 90A, the following section shall be substituted, Substitution of
namely:— new section
for section
90A.
"90A. (1) On the date of establishment of the Corporation under sub-section (1) Officers of
of section 3, the officers and employees of the erstwhile North Delhi Municipal erstwhile
Corporations
Corporation, South Delhi Municipal Corporation and East Delhi Municipal Corporation
to become
shall, with immediate effect, become the officers and employees of the Corporation.
officers of
Corporation.
(2) For the purposes of sub-section (1), the Government may make such rules
as may be required.".
8. In the principal Act, in section 203, for sub-section (3), the following sub-section Amendment
shall be substituted, namely:— of section
203.
"(3) The contracts already made in accordance with the provisions of the
bye-laws made under this Act prior to the commencement of the Delhi Municipal
Corporation (Amendment) Act, 2022 shall be deemed to have been executed by the
Commissioner on behalf of the Corporation constituted under sub-section (1) of
section 3 and shall continue until the expiry of the validity period of such contracts.".
9. In the principal Act, section 388 shall be omitted. Omission of
section 388.
10. In the principal Act, in section 444, after sub-section (1), the following sub-section Amendment of
shall be inserted, namely:— section 444.
"(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.".
11. In the principal Act, in section 479,— Amendment of
section 479.
(a) in sub-section (2), after the word and figures "section 31", the words,
brackets, figures and letter "and every notification issued under sub-section (2) of
section 3A" shall be inserted;
(b) in sub-section (3), the words, brackets, figures and letter "sub-section (2) of
section 3A and" shall be omitted.
12. In the principal Act, section 484A shall be omitted. Omission of
section 484A.4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— SEC. 1]
Substitution of 13. In the principal Act, for section 514A, the following sections shall be substituted,
new sections namely:—
514A and
514AA for
section 514A.
Appointment "514A. Notwithstanding anything contained in this Act, the Central Government
of Special may, if necessary, appoint a person to be called the Special Officer, to exercise the
Officer. power and discharge the functions of the Corporation until the date on which the first
meeting of the Corporation is held after the commencement of the Delhi Municipal
Corporation (Amendment) Act, 2022.
Transitional 514AA. On and from the commencement of the Delhi Municipal Corporation
provisions. (Amendment) Act, 2022,—
(a)the North Delhi Municipal Corporation, the South Delhi Municipal
Corporation and the East Delhi Municipal Corporation (hereafter referred to as
the erstwhile Corporations) shall be subsumed with, and become part of the
Municipal Corporation of Delhi;
(b)any reference to the erstwhile Corporations in any contract or other
instrument shall be deemed as a reference to the Municipal Corporation of
Delhi;
(c)all properties, movable and immovable, of or belonging to the erstwhile
Corporations shall vest in the Municipal Corporation of Delhi;
(d)all the rights and liabilities of the erstwhile Corporations shall be
transferred to, and be the rights and liabilities of, the Municipal Corporation of
Delhi;
(e)any pending proceedings, including any disciplinary, arbitration,
appeal or other legal proceedings, of whatever nature, by or against the erstwhile
Corporations shall be continued or enforced by or against the Municipal
Corporation of Delhi;
(f)any rules, regulations and bye-laws made prior to such commencement,
shall, in so far as they are consistent with the provisions of the Act, continue to
be applicable till new rules, regulations and bye-laws are made.".
Power to 14. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central
remove Government may, by order published in the Official Gazette, make such provisions, not
difficulties.
inconsistent with the provisions of this Act, as may appear to it to be necessary, for
removing the difficulty:
Provided that no order shall be made under this section after the expiry of a period of
two years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is
made, before each House of Parliament.
————
DR. REETA VASISHTA,
Secretary to the Govt. of India.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
MGIPMRND—115GI(S3)—18-04-2022.