Delhi Municipal Corporation Act — Section 349

349. Power to order building to be vacated in certain circumstances.—(1) The Commissioner may by order in writing direct that any building which in his opinion is in a dangerous condition or is not provided with sufficient means of egress in case of fire or is occupied in contravention of section 346 be vacated forthwith or within such period as may be specified in the order:

Provided that at the time of making such order the Commissioner shall record a brief statement of the

reasons therefor.

(2) If any person fails to vacate the building in pursuance of such order the Commissioner may direct any police officer to remove such person from the building and the police officer shall comply with such direction accordingly.

(3) The Commissioner shall, on the application of any person who has vacated, or been removed from any building in pursuance of an order made by him, reinstate such person in the building on the expiry of the period for which the order has been in force according as the circumstances prevailing at that time permit.

1[349A. Power of Central Government to make bye-laws.—(1) The Central Government may, by

notification in the Official Gazette, make bye-laws for carrying out the provisions of this Chapter:

Provided that all bye-laws made by the Corporation under paragraph F of sub-section (1) of section 481 of this Act as it stood immediately before the commencement of the Delhi Municipal Corporation(Amendment) Act, 1993 and in force immediately before such commencement, shall be deemed to have been made under the provisions of this section and shall continue to have the same force and effect after such commencement until it is amended, varied, rescinded or superseded under the provisions of this section.

(2) In particular and without prejudice to the generality of the foregoing power, such bye-laws may

provide for all or any of the following matters, namely:—

(a) the regulation or restriction of the use of sites for buildings for different areas;

(b) the regulation or restriction of buildings in different areas;

(c) the form of notice of erection of any building or execution of any work and the fee in respect

of the same;

(d) the plans and documents to be submitted together with such notice and the information and

further information to be furnished;

(e) the level and width of foundation, level of lowest floor and stability of structure;

(f) the construction of buildings and the materials to be used in the construction of buildings;

(g) the height of buildings whether absolute or relative to the width of streets or to different area;

(h) the number and height of storeys composing a building and the height of rooms and the

dimensions of room intended for human habitation;

(i) the provision of open spaces, external and internal, and adequate means of light and

ventilation;

(j) the provision of means of egress in case of fire, fire-escapes and water lifting devices;

(k) the provision of secondary means of access for the removal of house refuse;

(l) the materials and methods of construction of external and party walls, roofs and floors;

(m) the position, materials and methods of construction of hearths, smoke-escapes, chimneys,

stair-cases, latrines, drains and cesspools;