Sec 485 to 490 Chapter XXIV (Control) The Delhi Municipal Corporation Act, 1957

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485. Power of Central Government 1[or the Government] to require production of documents.—

The Central Government 1[or the Government] may at any time require the Commissioner—

(a) to produce any record, correspondence, plan or other document in his possession or under his control;

(b) to furnish any return, plan, estimate, statement, account or statistics relating to the proceedings, duties or works of the Corporation or any of the municipal authorities;

(c) to furnish or obtain and furnish any report.

486. Inspection.—

The Central Government 1[or the Government] may depute any person in the service of Government to inspect or examine any municipal department or office or any service or work undertaken by the Corporation or any of the municipal authorities or any property belonging to the Corporation and to report thereon and the Corporation and every municipal authority and all municipal officers and other municipal employees shall be bound to afford the person so deputed access at all reasonable times to the premises and properties of the Corporation and to all records, accounts and other documents the inspection of which he may consider necessary to enable him to discharge his duties.

1. Ins by Act 67 of 1993, s. 122 (w.e.f. 1-10-1993) 

487. Directions by Central Government.—

(1) If, 2[whether on receipt of a report or on receipt of] any information or report obtained under section 485 or section 486 or otherwise, the Central Government is of opinion—

(a) that any duty imposed on the Corporation or any municipal authority by or under this Act has not been performed or has been performed in an imperfect, insufficient or unsuitable manner, or

(b) that adequate financial provision has not been made for the performance or any such duty, it may direct the Corporation or the municipal authority concerned, within such period as it think fit, to make arrangements to its satisfaction for the proper performance of the duty, or, as the case may be, to make financial provision to its satisfaction for the performance of the duty and the Corporation or the municipal authority concerned shall comply with such direction:

Provided that, unless in the opinion of the Central Government the immediate execution of such order is necessary, it shall before making any direction under this section give the Corporation or the municipal authority concerned an opportunity of showing cause why such direction should not be made.

3 * * * * *

2. Subs. by s. 123, ibid.,for “whether on receipt of” (w.e.f. 1-10-1993).

3. Omitted by s. 123, ibid. (w.e.f. 1-10-1993). 

488. Power to provide for enforcement of direction under section 487.—

If, within the period fixed by a direction made under sub-section (1) of section 487, any action the taking of which has been directed under that sub-section has not been duly taken, the Central Government may make arrangements for the taking of such action and may direct that all expenses connected therewith shall be defrayed out of the Municipal Fund.

489. Power of Central Government to give directions in relation to primary schools, etc.—

(1) The Central Government may give the Corporation all such directions as it considers necessary in respect of subjects, curricula, text books, standards and methods of teaching in primary schools vested in the Corporation or maintained wholly or partly by grants paid out of the Municipal Fund and in respect of such other matters as that Government considers necessary and the Corporation shall comply with all such directions.

(2) It shall be lawful for any officer appointed by the Central Government in this behalf to inspect any such school; and all reasonable facilities shall be given to such officer in connection with the inspection.

(3) The Central Government, after considering the report of inspection made by such officer, may give the Corporation such directions as it considers necessary and the Corporation shall comply with such directions.

490. Dissolution of the Corporation.—

(1) If, in the opinion of the Central Government, the Corporation persistently makes default in the performance of the duties imposed on it by or under this Act or exceeds or abuses its powers, the Central Government may by an order published, together with a statement of reasons therefor, in the Official Gazette, dissolve the Corporation: Provided that the Corporation shall be given a reasonable opportunity of being heard before its dissolution.

(2) When the Corporation is dissolved by an order under sub-section (1),—

(a) all councillors shall, on the date of the dissolution, vacate their office as such councillors and the persons referred to in clause (b) of subsection (3) of section 3 shall cease to be represented in the Corporation;

(b) during the period of dissolution of the Corporation, all powers and duties conferred and imposed upon the Corporation by or under this Act or any other law, shall be exercised and performed by such officer or authority as the Central Government may appoint in that behalf;

(c) all property vested in the Corporation shall, until it is re-constituted, vest in the Central Government.

(3) An election to constitute the Corporation shall be completed before the expiration of a period of six months from the date of its dissolution.

(4) An order of dissolution made under this section together with a statement of the reasons therefor shall be laid before each House of Parliament and the Legislative Assembly of the National Capital Territory of Delhi as soon as may be, after it has been made.

1. Subs. by Act 67 of 1993, s. 124, for section 490 (w.e.f. 1-10-1993).

 

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