 bill no 186 of 1983 the punjab municipal (new delhi amendment) bill, 1983 a billfurther to amend the punjab municipal act, 1911, q8 in force in new delhi be it enacted by parliament in the thirty-fourth year of the republic of india as follows:-1 (1) this act may be called the punjab municipal (new delhi amendment) act, 1~83 short title and com-5 (2) it &hall come into force on s'uch date as the central government mencemay by notification in the official gazette, appoint and different dates ment may be appointed for different provisions of this act amendmentof section 3 2'in section 3 of the punjab municipal act, 1911, as in force in new delhi (hereinafter referred to as the principal act), after clause (1), 10 the following clause shall be inserted, namely:- punjab act iii of 1ll- (la) "appellate tribunal" means an appellate tribunal referred to in section 225-a;'   3 in section 170-e of the principal act, for the words "shall be liable to a fine which may extend to five hundred rupees", the words "shall be 15 punishable with simple imprisonment which may extend to six months, :- or with fine which may extend to five thousand rupees, or with both" shall be substituted amendmentof section 170-e -4 in section 172 of the principal act,-amendment of section 172 (a) in sub-section (1), for the words "shall be punishable with a fine which may extend to fifty rupees", the following shall be substituted, namely:-"ehall be punishablc,-5 (8) if such street is a public street, with simple imprisonment which may extend to six months, or with fine which may extend to five thousand rupees, or with both; and (b) in any other case, with fine which may extend to 10 fifty rupees"; (b) in sub-section (2), the provi'so shall be· omitted 5 in section 173 of the' principal act,-wherever it amendment of sectiod 173 15 (a) in sub-section (1), after the word "street", occurs, the words "or public p~ace" shall be inserted; (b) in sub-section (2) ,--(i) in the opening portion, for the words "shall be punishable with fine which may extend to fifty rupees", the following shall be eubstituted, namely:-!zo "shall be punishable,-(a) if anv such act is done in relation to a public street, with simple imprisonment which may extend to six months, or with fine which may extend to five thousand rupees, or with both; and (b) if any such act is done in relation to a street r5 other than a public street, or to a public place, with fine which may ilxtend to fifty rupees"; (ii) in clause (ii), after the word "street", the words "or public place" shall be inserted 6 in section 174-a section 175 and clause (e) of sub-section (1) of so section 190 of the principal act, after the word "street", wherever it occurs, the words "or public place" shall be inserted amendment of sections 174-a, 175 and 190 amend_ ment of section 192-a 7 in section 192-a of the principal act, for the portion beginning with the words "on conviction by a magistrate be liable to fine" and ending ~ith ~he words "fifty rupees for every day during which -such 35 use contmues , the following shall be substituted, namely:-"be punishable with simple imprisonment which may extend to six months, or with fine which may extend to five thousand rupees or with both" i  8 section 195 of the principal act shall be renumbered as sub-section (1) thereof, and-amendment of section 195 (i) in sub-section (1) as so renumbered, for the words "delivered to the owner within six months from the completion of the build-5 ing", at both the places where they occur, the words "delivered to the owner or occupier of that building" shall be substituted; (ii) after s'ub-section (1) as so renumbered, the following subsection shall be inserted, namely:-"(2) any person who begins, erects or re-erects any build-10 ing as described in sub-section (1), shall be punishable with simple imprisonment which may extend to six months, or with fine which may extend to five thousand rupees, or with both" 9 in section 195-a of the principal act,-amendment of section 195-a (a) in sub-section (1), for the words and figures ·'to be delivered to the owner within six months from the commencement of the building, or from the contravention of the terms of any sanction, or of any bye-law framed under section 190, as the case may be", the words "delivered to the owner or occupier of that 'building" shall be substituted; !zo (b) for sub-section (2), the following sub-section shall be substituted, namely:-' "(2) any person failing to comply with the terms of such notice shall be punishable with simple imprisonment which may extend to six months, or with fine which may extend to five thousand rupees, or with both" 10 after section 195-a of the principal act, the following sections shall be inserted, namely:-insertion of new sections 195-b and 195-c power to seal unauthorised construc_ tions "195-b (1) it shall be lawful for the committee, at any time, before or after delivering the notice to the owner or occupier of a building under section 195 or section 195-a, to make an order directing the sealing of 'such building in the manner prescribed by rules for the purpose of carrying out the provisions of this act, or for preventing any dispute as to the nature and 'ej>tent of erection or re-erection of such building (2) where any building has been sealed, the committee may, 35 for the purpose of altering or demolishing such building, order the seal to be removed (3) no person shall remove such seal except-(a) under an order made by the committee under sub-section (2); or (b) under an order of the appellate trlounal or the administrator of the union territory of delhi, made in an appeal under this act power to seize materials, etc, used in unauthorised construction 195-c (1) where any building is begun, erected or re-erected as described in section 195, the committee may seize or cause to be seized any construction material tool, machinery, scaffolding or other things used in such building or in the erection or re-erection thereof, and shall, unless the owner or occupier of such building 5 turns up to take back such things and pays to the oommittee the charges for the removal or s~o~'age of such things, be disposed of by the committee by public auction or in such other manner and within such time as the committee thinks fit (2) the charges for the removal nnd storage of the 10 things sold under sub-section (1) shall be paid out of the proceeds of the sale thereof and the balance, if any, shall be paid to the owner or occupier of the building on a claim being made therefor within a period of two years from the date of sale, and if no such claim is made within the said period, shall be credited 15 to the municipal fund" 11 in section 225 of the principal act, in sub-section (1), clauses (a) and (b) shall be omitted amendment of section 225 12 after section 225 of the principal act, the following sections shall be inserted, namely:-~o insertion of new sections 225-a 225-b 225-c and 225-d "225-a the appellate tribunal or appellate tribunals constitu-appellate tribunal ted under section 347a of the delhi municipal corporation act, 1957 68 of 195'1 shall be deemed to be the appellate tribunal or appellate tribunals for deciding appeals under section 225-b, and the provisions of the said section 347 a and 'section 347c of the delhi municipal corporation act, 1957, and the rules made thereunder shall, with 25 necessary modifications, apply for the purposes of this act as they apply for the purposes of that act 225-b (1) any person aggrieved by any of the following orders or notices, may prefer an appeal against such order or notice to the ~o appellate tribunal, namely:-(a) an order under section 170-c refusing or according 'sanction to the proposed street; or -(b) a notke under section 171 requiring a street to be levelled: pave~, metalled, flagged, channelled, drained, cleaned 35 or provided with proper means of lighting, or declaring a street to be a public street; or (c) a notice under sub-section (2) of section 172 requiring removal or alteration of an immoveable encrolchm-ent or immoveable ove!'h::mging structure; or (d) an order under section 173 re:)uiring removal of a moveable encroachment, moveable overhanging structure or any other obstruction or encroachment or for doing any other act thereunder; or (e) a l1jtice under section 174, requiring any building or any part thereof to be set back to or towards the regular line of a strecl- or nn order for the payment of cf):npensation or an order for any building to be set forward for the improvement ot the line of a street; or 10 (f) an order under section 193 sanctioning or refusing to sanction erection or l'e-e~'ection of a builuing; or (g) an order under section 193-a requiring modification of the building under construction; or (h) a notice under sub-section (1) of sc:::tion 195 requiring 15 alte:ration or demolition of a b'uilding; or (i) a n::jticc under ::;edion 195-a requiring build'ng- operations to be di!'continued; or (j) an order under se·etion 195-b requiring sealing of any unauthorised construction; or 20 (k) an order under section 195-c requiring removal or seizure or disposal of any construction material, tool, machinery, scaffolding or other things; or (l) an order refusing to pay any compensation or to pay such compensation as claimed under the provisions of this act; 25 or (m) any such other order or notice relating to or arising o'ut of planned cle'lciopment under the provisions of this act as mny be p:res::ribed by rules (2) an appeal under this section shall be filed within thirty days 30 from the date of the order or notice appealed against: prov:c!ed that the appellate triblolnal may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there 'vvas sufficient cause for not filing it within that period 35 (3) an appeal to the appellate tribunal shall be made in such form and shall be accompanied by a copy of the order or notice appealed against an:! by such fee's as may be prescribed by rules  - 225-c, (1) an appeal shall lie to the administrator of the union territoi"y of delhi against an order of the appellate tribunal confirming, modifying or annulling an order or notice made or issued under this act appeal against orders of appellate tribunal (2) the proviuions of sub-sections (2) :iud p) of section 225-b ani the provisions of section 347c of the delhi municipal corporation act, 1937, and the rules made thereunder, :-hall, so far as may be, apply to -the filing and dh;posal of an appeal under this section as they apply to the ftling and dispo'sal of an appeal under the aaid section 225-b (3) an order of the administrator on an appeal under this section, and subject only to such order, an order of the appellate tribunal under section 225-b, and subject to such orders of the 5 administrator or an appellate tribunal, an order or notice of the committee appealable under this act, 'shali be final barot jurisdiction of courts 225-d (1) after the commencement of section 12 of the punjab municipal (new delhi amendment) act, 1983, no court shall entertain any suit, application or other proceedings in respe~t of any 10 order or notice appealable under section 225-b and no such order or notice shan be cahed in question otherwise than by preferring an appeal under that section (2) notwithstanding anything contained in sub-section (1), every suit, application or other proceeding pending in any court 15 immediately before the commeneement of section 12 of the punjab municipal (new delhi amendment) act, 1983, in respect of any order or notice appealable under section 225-b shall continue to be dealt with and disposed of by that court as if the said section had not been brought into force" 20 13 in the principal act, under the heading "of!ertces and prosecfl-tions", and before section 228, the fohowing section shall be inserted, namely:-insertion of new section 227-a certain offences to be colllizaable "227-a the code of criminal procedure, 1973, shall apply to an offence under section 170-e, or clause (a) of sub-section (1) of 25 section 172, or clause (a) of sub-section (2) of section 173, or section 192-a, or sub-section (2) of section 195, or sub-section (2) of section 195-a 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-30 (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 o,thcer of the committee, not being below the rank of the secretary to the committee, as may be appointed by the administrator of 35 the pnion territory of delhi: provi~ed ~hat no offen~e o~ beginning, erecting or re-erecting any buddmg in contravenbon of any condition subject to which any sanction w~s granted by the committee shall be cognizable, if s~ch contravent~(\n relates to any deviation from any plan of erectlo~ or re-erection of that building sanctioned by the committee 40 which is compoundable on pay,;ment of an amount under this act" 14 section 228 of the principal act shall be re-numbered as subsection (1) thereof, and after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely:-amend_ ment of section 228 5 10 "(2) no court shall take cognizance of an offence punishable under section 170-e or clause (a) or sub-section (1) of section 172, or clause (a) of sub-section (2) of section 173, or section 192-a, ar sub-section (2) of section 195 or sub-section (2) of section 195-a except upon the complaint of, or upon information received from, such officer of the committee, not being below the rank of the secretary to the committee, as may be appointed by the administrator of the union territory of de!hi  15 in section 240 of the principal act,-(a) in sub-section (1), after clause (v), the following clauses shall be inserted, namely:-amendmentol section 240 "(va) the manner in which the sealing of any building under sub-section (1) of section 195-b shall be made; , jvb) the order or notice relating to or arising out of planned development under the provisions of this act against which an appeal shall be preferred to the appellate tribunal undu clause 20 (m) of sub-section (1) of section 225-b; (ve) the form in  which an appeal shall be made to the appellate tribunal under sub-section (3) of section 225-b and the fees that shall accompany such appeal;"; (b) after sub-section (7), the following sub-section shall be in-q5 serted, namely:-"i'" " (8) every rule made under thi-s act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive 30 sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both hoj,lses agree in making any modification in the rule or both ij:ouses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no 35 effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule" the problem of encroachment on public lands and unauthorised constructions in delhi and the need for taking timely and effective action in such cases hod been engaging the attention of the government for 'some time it was suggested in many quarters that it is necessary to strengthen the laws to make encroachment on public lands and unauthorised constructions cognizable offences the estimates committee of parliament had also made similar recommendations 2 in recent years, encroachment on public streets, unauthorised construction on public and private lands and conversion of residential cod-structions into commercial complexes have assumed alarming proportions 3 the local authorities in delhi including the new delhi municipal committee have not been able to effectively prevent these activities because of persons taking recourse to legal proceedings and obtaining ex parte stay from civil courts these stay orders remain operative for years till the final settlement of legal proceedings with the result that it becomes difficult for the local authorities to demolish these encroachments or unauthorised constructions further, prosec'utlons for encroachments or unauthorised constructions have also not proved effective because ot imposition of meagre fines by courts in order, therefore, to enable the new delhi municipal committee to effectively curb these activities, it is proposed to amend the punjab municipal act, 1911 as in force in new delhi 4 the bill, therefore, provides, among other things, for the following changes in the act, namely:-(i) at present the new delhi municipal committee may, by notice delivered to the owner, require a building begun, erected or re-erected without sanction to be altered or demolished within the period specified in the notice the committee has also power to require the owner of such building to discontinue the building operations it is proposed to give the committee the power to seal such building such seal can be removed only by the committee for the purpose of altering or demolishing such building or in pursuance of an order made by the appellate tribunal or the administrator of the union territory of delhi in an appeal made under the provisions of the act; (ii) it is proposed to provide for appeals against certain notices issued or orders made under the provisions of the act to an a~pellate tribunal the appellate tribunal or the appellate tribunals proposed to be constituted under the provisions of the delhi municipal corporation act, 1957 would be deemed to be the appellate tribunal or tribunals, for the purposes of hearing appeals under this act also, a further appeal against the orders of the appellate tribunal would lie to the administrator of the union territory of delhi the orders made by the appellate tribunal or the administrator of the union teititory of delhi, as the case may, be, on such appeals will be final and no civil court shall have any jurisdiction to entertain any proceedings in respect of notices issued or! orders made under the act for which appeals shall lie to the appellate tribunal the provlslods of the delhi municipal corporation act, 1007 and the rules made thereunder regarding the procedure to be followed by the appellate tribunals in respect of hearing appeals under that ~t are being made applicable to the appellate tribunal while hearing appeals under the act which will include the prohibition of giving any ex patte stay of notices issued or orders made under the act; (iii) it is proposed to change the penalty of fine now specified for certain offences under the act to include imprisonment also and to make some of the offences cognizable; (iv) opportunity is being availed of to make certain other ch~ges of a consequential and minor nature 5 the bill seeks to achieve the above objects p, venkatasubbaiah new delhi,' -- the 17th august, 1983 i j  memorandum regarding delegated legislationsub-c1ause (a) of clause 15 of the bill seeks to insert three new clauses in sub-section (1) of section 240 of the punjab municipal act, 1911 as in force in new 'delhi so as to enable the state government to mak~ rules in respect of certain matters provided in the bill these matters, inter alia, relate to the manner in which the sealing of any building under sub-section (1) of new section 195--b shall be made, the order or notice relating to or arising out of planned development under the provisions of the act against which an appeal shall be made to the appellate tribunal under clause (m) of sub-section (1) of new section 225-b and the form in which an appeal shall be made to the appellate tribunal under sub-section (3) of the said section 225-b and the fep::; that shall accompany such appeal 2 the matters in respect of which rules may be made under ~e new provisions are matters of procedure or detail the delegation of legis- !ative power is, therefore, normal in character (punjab act iii of 1911) - - - - - 3 in this act, unless there is something repugnant in the subject or deftni context,-tions  - '" '" penalty 170-e whoever begins, continues or completes the laying out or making oj a street without giving the notice required by section 170-a, or in contravention of any written directions made under section 17d-c, or of any bye-law or provision of this act, shall be liable to a flne which may extend to five hundred rupees  - - - - - 172 (1) whoever without the written permission of the committee makes any immoveable encroachment on or under any street, on, over or under any sewer, or watercourse, or erects or re-erects any immoveable overhanging structure projecting into a street at any point above the said ground level shall be punishable with a fine which may extend to fifty rupees punishment for immoveable en croach_ ment or overhang_ ing structure over street (2) th(' committee may, by notice, require the owner or occupier of any buijding to remove or alter within a specified time not exceeding six weeks, such immoveable encroachment or overhanging structure as aforesaid, and no compensation shall be claimable in respect of such removal or alteration: provided that if a period of more than three years has elapsed from th~ completion of the encroachment or overhanging structure, no prose cution shall lie under sub-section (1); nor shall such encroachment or overhanging structure be required to be removed or altered without payment of reasonable compensation 173 (1) the committee may grant permission in writing, on s'uch conditions as it may deem fit for the safety or convenience of persons passing by, or dwelling or working in the neighbourhood, and may charge fees for such permission, and may at its discretion withdraw ~he pennission, to any person to-power to permit occupation of public street and to remove obstruction (a) place in front of any building any moveable encroachment upon the ground level of any public street or over or on any sewer, drain or watercourse or any move~ble overhanging structure projecting into such public street at a point above the said ground level, (b) take up or alter the pavement or other materials for the fences or posts of any public street, (c) deposit or cause to be deposited building materials, goodl for sale, or other articles on any public street, or (d) make any bole or excavation on, in or under any street, or remove materials from beneath any street, so as to cause risk of subsidence, or (e) erect or set up any fence, post, stall or scaffolding in any public street (2) whoever does any of' the acts mentioned in sub-section (1) without the written permission of the committee shall be punishable with fine which may extend to fifty rupees and the committee or the secretary of the committee or the medical officer of health or any person authorised by the committee may-(i) after reasonable opportunity has been given to the owner to remove his material and he has failed to do so, remove or cause to be removed by the police, or any other agency, any such moveable encroachments {)r overhanging structures and' any such materials, goods or articles of merchandise and any such fence, post, stall or scaffolding, (ii) and take measures to restore the street to the condition it was in before any such alteration, excavation or damage      174-a notwithstanding anything contained in sections 172, 173 or 174, or in clause (u) of section 188, and subject to any general or special order that the state government may make in this behalf if any street is vested in the state government-special provisions regarding street-belonging to governent (a) the committee, shall not, in respect of such street, grant permission to do any act the doing of which without the written permission of the committee is punishable under section 172 or section 173 or allow any building to be set forward under the provisions of sub-section (2) of section 174, except with the sanction ot the state government which may be given in respect of a class of cases generally or in respect of a particular case; (b) the committee shall, if so required by the state govern  ment, exercise the power conferred upon it by sub-section (2) of section 172 or sub-section (2) of section 173 or sub-section (1) of section 174 or clause (u) of section 188 or any bye-law made in exercise of the power conferred by clause (u) of section 188 in respect of any encroachment or overhanging structure on or over such ~treet or any materials, goods or articles of merchandise deposited on such street, or any fence, post, stall or scaffolding erected or set up ~n any such street or in respect of any building or part of a building which projects beyond the regular line of such street 17~ the committee may, subject to the payment of reasonable compensation by notice  th th ' ,require e owner or occupier of any building wi in a period of n t i th  t  0 ess an six weeks to be specified in such notice o remove or alter an b 1  : ' erected with th y a cony, projection, structure or verandah, or encroaching ~nsa~cbon of the committee, overhanging, projecting into therein y street or into or on any drain, sewer or aqueduct ltemcval or alteration of any balcony, pr0-jection or structure, etc, on payment ofcompeb satlon - 190 (1) the committee may, and if so required by the state government shall, by bye-laws, regulate in respe~t of the erection or re-erection of any building within the municipality or part thereof-    - (e) the line of frontage where the building abuts on a street;  -   power of committee to make bye-laws as to erection or rc-erection of buildings 191-a if under the provisions of any scheme sanctioned under section 192 the erection or re-erection of buildings in a specified area for a specified purpose is prohibited, any person who after such scheme is sanctioned uses any building for such purpose shall, unless it was used for this purpose before the scheme was sanctioned, on conviction by a magistrate be liable to fine which may extend to five hundred rupees, and if after such conviction he continues to use such building for such purpose shall be liable to fine which may extend to fifty rupees for every day during which such use continues    -  195 should a bui·lding be begun, erected or re-erected-(a) without sanction as required by section 189(1); or punishment for erection or i'j,!-4!rection of a building on sanction of q building scheme under section 192 penalty for disobedience (b) without notice as required by section 189(2); ar (c) when sanction has been refused, the committee may by notice delivered to the owner within six months from the completion of the building, require the building to be altered or demolished as it may deem necessary within the period specified in such notice; and should it be begun or erected-(d) in contravention of the terms of any sanction granted; or (e) when the sanction has lapsed; or (i> in contravention of any bye-law made under section 190; or, in the case of a building of which the erection has been deemed to be sanctioned under section 193 (4), if it contravenes any scheme sanctioned under section 192; the committee may by notice to be delivered to the owner within six months from the completion of the building require the building to be altered in such manner as it may deem necessary, within the period specified in ruch notice: provided that the committee may, instead of requiring the alteration or demolition of any such building, accept by way of compensation such sum as it may deem reasonable: provided also that the committee shall require a building to be demolished or altered so far as is necessary to avoid contravention of a building scheme drawn up under section 192: provided further that if any notice is issued by the executive officer under this section on the ground that a building has been begun or has been erected in contravention of the terms of any sanction granted or in contravention of any bye-jaw made under \:lection 190 the person to whom the notice is issued may, within fifteen days from the date of service of $uch notice, appeal to the committee, and, subject to the provisions of sections 225, 232 and 236, the decision of the committee shall be final power at committee to stop building operations 195-a (1) where a building is begun as described in section 195 but not completed, the committee may by notice, to be delivered to the owner within six months from the commencement of the building, or from the contravention of the terms of any sanction, or of any bye-law framed under section 190, as the case may be, require the building operations to be discontinued from the date of the service of such notice (2) any person failing to comply with the terms of such notice shall be punishable with a fine which may extend to one thousand rupees and when the non-compliance is a continuing one, with a further fine which may extend to fifty rupees for every day after the first during which the non-compliance continues     - 225 (1) any person aggrieved-appeals from orders of (a) by the refusal of a committee under section 193 to sanction the erection or re-erection of a building, or commi~­tee (b) by a notice from a committee under section 171 requiring a street to be drained, levelled, paved, flagged, metalled or provided with proper means of lighting, or declaring a street to be a public street, or under section 195 requiring the alteration or demolition of a building, or (c) by any order made by a committee under the powers conferred upon it by sections 107, 116, 121, 123 or 124, may appeal within thirty days from the date of such prohibition, notice or order to such officer as the state government may appoint for the purpose of hearing such appeals or any or them, or, failing such appointment, to the commissioner in the case of a committee of a first class municipality, or to the deputy commissioner in the case of a committee of a second class municipality; and no such refusal, notice or order shall be liable to be called in question otherwise than by such appeal: provided that, if in the latter case the deputy commissioner or s'uch other officer as aforesaid be himself a member of the committee, the appeal shall lie to the commissioner  -  - - - offences and prdsecutions authority for prosecutions 228 unless otherwise expressly provided, no court shall take cognizance of any offence punishab1e under this act or any rule or any byelaw thereunder, except on the complaint of, or upon information received from the committee or some person authorized by the committee in this behalf explanation-the committee may authorjze any person and shall be deemed to have authorized any person appointed to this end by the state government, to make oomplaints or give information, without previous reference to the committe~ either generally in regard to all offences against this act and the rules or bye-laws thereunder, or partl  c:ularly in regard only to specified offences, or offences of a specified class the person authorized may be authorized by office, if he is president, vice-president, medical officer of health or secretary of the committee, or officer in charge of a police station; in other c;ases the authority must be personal the authority must in all cases be in writing, and may at any time be cancelled by the committee    - - - 240 (1) the state government may frame forms for any proceeding of a committee and may make any rules consistent with this act to carry out the purposes thereof and in particular and without prejudice to the generality of the foregoing power may make rules-- - - - - - power of state government to frame forms and make rule •  it billfurther to amend the punjab municipal act, 1911, as in force in new delhi (shri p venkatasubbaiah, minister of state in the minis"" 01 home affa,irs) 