Miscellaneous provisions relating to the various municipal authoritiesState · Delhi

Section 70 of The Delhi Municipal Corporation Act, 1957

(1)1[2[The Corporation]] may at any time require the Commissioner--
1. (a)to produce any record, correspondence, plan or other document which is in his possession or under his control as Commissioner or which is recorded or filed in his office or in the office of any municipal officer or other municipal employee subordinate to him;
2. (b)to furnish any return, plan, estimate, statement, account or statistics concerning or connected with any matter pertaining to the administration of this Act or the municipal government of 3[4[Delhi]] 5*** 6***;
3. (c)to furnish a report by himself or to obtain from the head of any department subordinate to him and furnish with his own remarks thereon, a report, upon any subject concerning or connected with the administration of this Act or the municipal government of 3[4[Delhi]] 5*** 7***.
(2)Every such requisition shall be complied with by the Commissioner without any unreasonable delay; and it shall be incumbent on every municipal officer and other municipal employee to obey any order made by the Commissioner in pursuance of any such requisition: Provided that the Commissioner shall not be bound to comply with any such requisition if with the previous approval of the Mayor he makes a statement that such compliance would be prejudicial to public interest or to the interests of 8[9[the Corporation]]. 10* * * * *

Summary

This provision grants the Corporation the authority to demand official records, reports, and statistics directly from the Commissioner.
The Commissioner is legally required to furnish any documents under his control or kept in the offices of his subordinate staff.
Subordinate municipal officers and employees are legally obligated to obey the Commissioner when he orders them to help gather these requested materials.
The Commissioner can only refuse to hand over the information if he obtains the previous approval of the Mayor.
To justify this refusal, the Commissioner must formally state that complying with the request would be prejudicial to the public interest or to the interests of the Corporation.

Practical examples

1The Municipal Corporation wants an update on a delayed city drainage project. On September 15, 2025, they formally require the Commissioner to produce the project plan. Under this rule, the Commissioner orders his chief engineer to retrieve the blueprint from the engineering office, and he submits it to the Corporation.

2On November 1, 2024, the Corporation asks the Commissioner for a report on delicate contract negotiations with a private vendor. The Commissioner realizes that releasing this data right now would ruin the deal and harm the municipality's finances. He speaks to the Mayor, gets his prior approval, and legally refuses to hand over the report to protect the Corporation's interests.

FAQ

1. Can the Commissioner completely refuse to hand over a report requested by the Corporation under Section 70 of The Delhi Municipal Corporation Act, 1957?

Yes, but only under strict conditions. According to Section 70 of The Delhi Municipal Corporation Act, 1957, the Commissioner must get the Mayor's previous approval and explicitly state that handing over the report would be prejudicial to the public interest or the Corporation's interests.

2. Under Section 70 of The Delhi Municipal Corporation Act, 1957, can the Corporation ask for records that are held by junior municipal staff instead of the Commissioner himself?

Yes. Section 70 of The Delhi Municipal Corporation Act, 1957 allows the Corporation to require the Commissioner to produce documents that are filed in the office of any municipal officer or employee subordinate to him.

3. Does the Commissioner have to personally write every report requested under Section 70 of The Delhi Municipal Corporation Act, 1957?

No. Section 70 of The Delhi Municipal Corporation Act, 1957 allows the Commissioner to either write the report himself or obtain a report from a department head and simply add his own remarks to it before submitting it to the Corporation.

Test yourself

Q1.Under Section 70 of The Delhi Municipal Corporation Act, 1957, whose prior approval does the Commissioner need in order to legally refuse a document request from the Corporation?

Q2.What specific reason must the Commissioner formally state to withhold a document under Section 70 of The Delhi Municipal Corporation Act, 1957?

Q3.When the Commissioner is asked to furnish a departmental report under Section 70 of The Delhi Municipal Corporation Act, 1957, how must he handle a report prepared by a subordinate department head?

Q4.According to Section 70 of The Delhi Municipal Corporation Act, 1957, what is the legal obligation of a subordinate municipal officer if the Commissioner is asked to produce a document filed in that officer's office?

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