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The Delhi Municipal Laws (Amendment) Act, 1989

Amendment Act · 19897,310 characters of text

The enactment

TypeAmendment Act
Year1989
StatusIn force as published by the source
TextPublished as one document, as the source published it
Subjectslocal

Full text

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

REGISTERED No. D(DN)127/88 The Gazette of India EXTRAORDINARY

PART II—Section 1 PUBLISHED BY AUTHORITY No. 13] NEW DELHI, FRIDAY, MARCH 31,1989/CHAITRA 10, 1911 Separate paging is given to this Part in order that it may be filed as a separate compilation MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 31st March, 1989/Chaitra 10, 1911 (Saka) The following Act of Parliament received the assent of the President on the 31st March, 1989, and is hereby published for general information: — THE DELHI MUNICIPAL LAWS (AMENDMENT) ACT, 1989 No. 10 OF 1989 [31st March, 1989.] An Act further to amend the Delhi Municipal Corporation Act, 1957 and the Punjab Municipal Act, 1911, as in force in New Delhi. BE it, enacted by Parliament in the Fortieth Year of the Republic of India as follows: —

CHAPTER I PRELIMINARY

1. (I) This Act may be called the Delhi Municipal Laws (Amendment) Act, 1989.

(2) It shall be deemed to have come into force on the 1st day of April,

1988. Short title and com mencement.

(1) THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amendment of Act 66 of

1957. Amend, ment of Punjab Act III of 1011. Time limit for issuing notices for further amendment of assessment list for financial yearg 1968, 1089, etc.

CHAPTER II AMENDMENT TO THE DELHI MUNICIPAL CORPORATION, ACT 1957

2. In section 126 of the Delhi Municipal Corporation Act, 1957, after sub-section (2), the following sub-sections shall be inserted, namely: — "(3) Notwithstanding anything contained in the proviso to subsection (2) and sub-section (2), be tore making any amendment to the assessment list for the years commencing on the 1st day of April, 1988 and the 1st day of April, 1989 under sub-section (1), the Commissionei shall give to any person affected by the amendment, notice of not less than one month at any time before the 1st day of April, 1991, that he proposes to make the amendment and consider any objections which may be made by such person.

(4) No amendment under sub-section (2) shall be made in the assessment list in relation to—

(a) any year prior to the year commencing on the 1st day of April, 1988, after the 31st day of March, 1991;

(b) the year commencing on the 1st day of April, 1988, or any other year thereafter, after the expiry of three years from the end of the year in which the notice is given under subsection (2) or sub-section (3), as the case may be:

Provided that nothing contained in this sub-section shall apply to a case where the Commissioner hag to amend the assessment list in consequence of or to give effect to any direction or order of any court.

Explanation.—In computing the period referred to in clause (a) or clause (b), any period or periods during which the proceedings for the assessment were held up on account of any stay or injunction by the order of any court, or the period of any delay attributable to the person to whom the notice has been given under sub-section (2) \ or sub-section (3), as the case may be, shall be excluded.".

CHAPTER III AMENDMENT TO THE PUNJAB MUNICIPAL ACT, 1911, AS IN FORCE IN NEW DELHI

3. In the Punjab Municipal Act, 1911, as in force in New Delhi, after section 67, the following section shall be inserted, namely: — "67A. (2) Notwithstanding anything contained in this Act, the committee may amend the assessment list for the years commencing on the 1st day of April, 1988, the 1st day of April, 1989 and the 1st day of April, 1990 for increasing or reducing, for sufficient reasons, the amount of annual value of any property and of the assessment thereupon, after giving notice, at any time before the 1st day of April, 1991, to any person affected by the amendment, of a time, not less that one month from the date of service, at which the amendment is to be made, and the committee shall consider any objections which may be made by such person. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

(2) No amendment under sub-section (1) shall be made in the assessment list in relation to—

(a) the year commencing on the 1st. day of April, 1988, after the expiry of one year,

(b) the years commencing on the 1st day of April, 1989 and the 1st day of April, 1990, after the expiry of two years, from the end of the financial year in which the notice is given under sub-section (1):

Provided that nothing contained in this sub-section shall apply to a case where the committee has to amend the assessment list in consequence of or to give effect to any direction or order of any court.

Explanation.—In computing thp period referred to in clause (a) or clause (b), any period or periods during which the proceedings for the assessment were held up on account of any stay or injunction by the order of any court, or the period of any delay attributable to the person to whom the notice has been given under sub-section (1), as the case may be, shall be excluded.". V. S. RAMA DEVI, Secy, to the Gout, of India. CORRIGENDA In the Repealing and Amending Act, 1988 (19 of 1988) as published in the Gazette of India, Extraordinary, Part II, Section 1, dated the 4th April, 1988 (Issue No. 20),—

(a) at page 5, line 32, against column 4, for "Sections 11 and" read "Sections 11 and 12";

(b) at page 6,—

(i) line 3, against column 3, for "Supreme Cour" read "Supreme Court",

(ii) line 40, against column 4, for "Sections 2 to 5 and" read "Sections 2 to 5 and 7";

(c) at page 7, line 41, against column 3, for "Occupants" read "Occupants)";

(d) at page 10, line 10, against column 4, for "Sections 2 to 4" read "Sections 2 to 41";

(e) at page 12, line 25, against column 4, for "office", read "officer". CORRIGENDA In the Finance Act, 1988 (26 of 1988) as published in the Gazette of India, Extraordinary, Part II, Section 1, dated the 13th May, 1988 (Issue No. 27) f—

(1) at page 3, line 42, for "teh" read, "the";

(2) at page 7,—

(a) line 29, before "the tax" insert "and"; 4 THE GAZETTE OF INDIA EXTRAORDINARY [PAHT H—S«J. X]

(b) line 30, before "paid" insert "is";

(3) at page 8, line 16, for L'sbrill" read "shall";

(4) at page 27, in the marginal heading of section 52, line 3, for "Sen-" read "Sche-";

(5) at page 39,—

(a) in the marginal heading of new section 35A, line 10, for "portion" read "poration";

(b) line 12, for "Act, 1987" read "Act, 1983";

(6) at page 44, last line, for L'in the" read "on the";

(7) at page 47 —

(a) omit line 21;

(b) line 33, omit "or section 167A";

(c) line 34, for "the Chapter" read "that Chapter";

(8) at page 57,—

(a) line 1, for "(v)" read "(vi)";

(b) line 9, for "07.15" read "2907.15"; (.9) at page 58, line 41, for "(Lr)" read "(x)";

(10) at, page 63, line 35, for "heading Nos-.'1 read "heading No.";

(11) at page 70, line 15, in column 2, for "Zirconuim" read "Zirconium";

(12) at page 72,—

(a) line 8, after "provided that" insert "they";

(b) line 11, for "plats" read "plates";

(13) at page 85, line 38, for "73.200" read "73.20";

(14) at page 87 —

(a) line 18, before "item (c)" insert "in";

(b) line 42, in column (1), for "26.0" read "26.08";

(15) at page 90, line 61, in column (1), for ' "39.' read ' "39.20';

(16) at page 107, line 8, for "shall b" read "shall be";

(17) at page 108, line 43, in column (4), for "15%" read '15%";';

(78) at page 109, line 34, in column (4), for '15%" read '15%";'. TRINlEr BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO KOAB, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1989

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