New Delhi Municipal Council Act, 1994

An Act to provide for the establishment of the New Delhi Municipal Council and for matters connected therewith or incidental thereto.

Act Id	new-delhi-municipal-council-act
Act Number	44
Enactment Date	1994-07-14
Act Year	1994
Ministry	Ministry of Home Affairs
Enforcement Date	25-05-1994

PRELIMINARY
- 1 Short title, extent and commencement.
- 2 Definitions.
Constitution of the Council
- 3 Establishment of the Council.
- 4 Composition of the Council.
- 5 Duration of the Council.
- 6 Disqualification for membership of the Council.
Members
- 7 Oath or affirmation.
- 8 Vacation of seat.
Committees of the Council
- 9 Setting-up of committees.
FUNCTIONS OF THE COUNCIL
- 10 General powers of the Council.
- 11 Obligatory functions of the Council.
- 12 Discretionary functions of the Council.
THE CHAIRPERSON
- 13 Appointment, etc., of the Chairperson.
- 14 Leave of absence of Chairperson.
- 15 Appointment of officiating Chairperson in case of death, resignation or removal of Chairperson.
- 16 Salary and allowances of the Chairperson and members.
- 17 Service regulations of members.
- 18 Functions of the Chairperson.
- 19 Chairperson not to be interested in any contract, etc., with the Council.
- 20 Exercise of powers to be subject to sanction.
Transaction of business by the Council
- 21 Meetings.
- 22 First meeting of the Council.
- 23 Notice of meetings and business.
- 24 Quorum.
- 25 Presiding Officer.
- 26 Method of deciding questions.
- 27 Members not to vote on matter in which they are interested.
- 28 Right to attend meetings of Council and its committees, etc., and right of members to ask questions in relation to the municipal government of New Delhi.
- 29 Keeping of minutes and proceedings.
- 30 Circulation of minutes and inspection of minutes and reports of proceedings.
- 31 Forwarding minutes and reports of proceedings to the Administrator.
Validation
- 32 Validation of proceedings, etc.
MUNICIPAL OFFICERS AND OTHER MUNICIPAL EMPLOYEES
- 33 Appointment of certain officers.
- 34 Schedule of permanent posts and creation of temporary posts.
- 35 Restriction on employment of permanent officers and other employees.
- 36 Power to make appointments.
- 37 Officers and other employees not to undertake any extraneous work.
- 38 Officers and other employees not to be interested in any contract, etc., with the Council.
- 39 Punishment for municipal officers and other employees.
- 40 Consultation with the Union Public Service Commission.
- 41 Power of Commission to make regulations and reference to the Central Government in case of difference between the Commission and the Council.
- 42 Recruitment to category B and category C posts.
- 43 Power of Council to make regulations.
The New Delhi Municipal Fund
- 44 Constitution of the New Delhi Municipal Fund.
- 45 New Delhi Municipal Fund to be kept in the State Bank of India.
- 46 Operation of the Accounts.
- 47 Payments not to be made unless covered by a budget-grant.
- 48 Duty of persons signing cheques.
- 49 Procedure when money not covered by a budget-grant is expended.
- 50 Application of New Delhi Municipal Fund.
- 51 Temporary payments from the New Delhi Municipal Fund for works urgently required for the public service.
- 52 Investment of surplus moneys.
- 53 Constitution of Finance Commission.
Special Funds
- 54 Constitution of special funds.
Budget estimates
- 55 Adoption of budget estimates.
- 56 Power of Council to alter budget estimates.
- 57 Power of Council to re-adjust income and expenditure during the year.
Scrutiny and audit of accounts
ACCOUNTS AND AUDIT
- 58 Accounts to be kept.
- 59 Audit.
Levy of taxes
- 60 Taxes to be imposed by the Council under this Act.
Property tax
- 61 Rates of property tax.
- 62 Premises in respect of which property tax is to be levied.
- 63 Determination of rateable value of lands and buildings assessable to property tax.
- 64 Charge for supply of water.
- 65 Taxation of Union properties.
- 66 Incidence of property tax.
- 67 Apportionment of liability for property tax when the premises are let or sub-let.
- 68 Recovery of property tax from occupiers.
- 69 Property tax a first charge on premises on which it is assessed.
- 70 Assessment list.
- 71 Evidential value of assessment list.
- 72 Amendment of assessment list.
- 73 Preparation of new assessment list.
- 74 Notice of transfers.
- 75 Notice of erection of building, etc.
- 76 Notice of demolition or removal of buildings.
- 77 Power of Chairperson to call for information and returns and to enter and inspect premises.
- 78 Premises owned by, or let to two or more persons in severalty to be ordinarily assessed as one property.
- 79 Assessment in case of amalgamation of premises.
- 80 Power of Chairperson to assess separately outhouses and portions of buildings.
- 81 Power of Chairperson to employ valuers.
Tax on vehicles and animals
- 82 Tax on certain vehicles and animals and rates thereof.
- 83 The tax on whom leviable.
- 84 Tax when payable.
- 85 Power of Chairperson to compound with livery stable keeper, etc., for tax.
Theatre-tax
- 86 Theatre-tax.
- 87 Liability to pay theatre-tax.
Tax on advertisements other than advertisements published in the newspapers
- 88 Tax on advertisements.
- 89 Prohibition of advertisements without written permission of the Chairperson.
- 90 Permission of the Chairperson to become void in certain cases.
- 91 Presumption in case of contravention.
- 92 Power of Chairperson in case of contravention.
Duty on transfer of property
- 93 Duty on transfer of property and method of assessment thereto.
- 94 Provisions applicable on the introduction of transfer duty.
Tax on buildings payable along with the application for sanction of building plans
- 95 Tax on building applications.
Other taxes
- 96 Imposition of other taxes.
Supplementary taxation
- 97 Supplementary taxation.
Payment and recovery of taxes
- 98 Time and manner of payment of taxes.
- 99 Presentation of bill.
- 100 Notice of demand and notice fee.
- 101 Penalty in case of default of payment of taxes.
- 102 Recovery of tax.
- 103 Distress.
- 104 Disposal of distrained property and attachment and sale of immovable property.
- 105 Recovery from a person about to leave New Delhi or Delhi.
- 106 Power to institute suit for recovery.
- 107 Power of seizure of vehicles and animals in case of non-payment of tax thereon.
- 108 Occupiers may be required to pay rent towards satisfaction of property tax.
Remission and refund
- 109 Demolition, etc., of buildings.
- 110 Remission or refund of tax.
- 111 Power to require entry in assessment list of details of buildings.
- 112 Notice to be given of the circumstances in which remission or refund is claimed.
- 113 What buildings are to be deemed vacant.
- 114 Notice to be given of every occupation of vacant land or building.
Appeals
- 115 Appeal against assessment, etc.
- 116 Conditions of right to appeal.
- 117 Condonation of delay in preferring the appeal.
- 118 Finality of appellate orders.
Miscellaneous provisions relating to taxation
- 119 Power to inspect for purposes of determining rateable value or tax.
- 120 Composition.
- 121 Irrecoverable debts.
- 122 Obligation to disclose liability.
- 123 Immaterial error not to affect liability.
- 124 General power of exemption.
Taxes on entertainment and betting
- 125 Payment of proceeds of entertainment and betting taxes to Council.
BORROWING
- 126 Power of Council to borrow.
- 127 Time for repayment of money borrowed under section 126.
- 128 Form and effect of debenture.
- 129 Payment to survivors of joint payees.
- 130 Receipt by joint holders for interest or dividend.
- 131 Maintenance and investment of sinking funds.
- 132 Application of sinking funds.
- 133 Annual statement by Chairperson.
- 134 Power of Council to consolidate loans.
- 135 Priority of payment for interest and repayment of loans over other payments.
- 136 Power to make regulations.
Property
- 137 Acquisition of property.
- 138 Acquisition of immovable property by agreement.
- 139 Procedure when immovable property cannot be acquired by agreement.
- 140 Disposal of movable property.
- 141 Disposal of immovable property.
Contracts
- 142 Contracts by the Council.
- 143 Procedure for making contracts.
- 144 Mode of executing contracts.
General
- 145 Definitions.
- 146 Council may carry out surveys and formulate proposals.
Water supply
- 147 Functions in relation to water supplies.
- 148 Water supplied for domestic purposes not to be used for non-domestic purposes.
- 149 Supply of water for domestic purposes not to include any supply for certain specified purposes.
- 150 Power to supply water for non-domestic purposes.
- 151 Use of water for extinguishing fire.
- 152 Power to require water supply to be taken.
- 153 New premises not to be occupied without arrangement for water supply.
- 154 Public gratuitous water supply.
- 155 Power to lay mains.
- 156 Power to lay service pipes, etc.
- 157 Provision of fire hydrants.
- 158 Supply of water.
- 159 Laying of supply pipes, etc.
- 160 Power to require separate service pipes.
- 161 Stopcocks.
- 162 Power of Chairperson to provide meters.
- 163 Presumption as to correctness of meters.
- 164 Prohibition of waste or misuse of water.
- 165 Power to enter premises to detect waste or misuse of water.
- 166 Power to test water fittings.
- 167 Power to close or restrict use of water from polluted source of supply.
- 168 Water pipes, etc., not to be placed where water will be polluted.
- 169 Power to cut off private water supply or to turn off water.
- 170 Joint and several liability of owners and occupiers for offence in relation to water supply.
Drainage and sewerage
- 171 Public drains, etc., to vest in the Council.
- 172 Control of drains and sewage collection works.
- 173 Certain matters not to be passed into municipal drains.
- 174 Application by owners and occupiers to drain into municipal drains.
- 175 Drainage of and drained premises.
- 176 New premises not to be erected without drains.
- 177 Power to drain group or block of premises by combined operations.
- 178 Power of Chairperson to close or limit the use of private drains in certain cases.
- 179 Use of drain by a person other than the owner.
- 180 Sewage and rain water drains to be distinct.
- 181 Power of Chairperson to require owner to carry out certain works for satisfactory drainage.
Collection of sewage
- 182 Appointment of places for the emptying of drains and collection of sewage.
Miscellaneous
- 183 Connection with water works and drains not to be made without permission.
- 184 Building, railways and private streets not to be erected or constructed over drains or water works without permission.
- 185 Rights of user of property for aqueducts, lines, etc.
- 186 Power of owner of premises to place pipes and drains through land belonging to other persons.
- 187 Power to require railway level, etc., to be raised or lowered.
- 188 Power of Chairperson to execute work after giving notice to the person liable.
- 189 Power of Chairperson to affix shafts, etc., for ventilation of drain or cesspool.
- 190 Power of Chairperson to examine and test drains, etc., believed to be defective.
- 191 Bulk receipt of water and delivery of sewage by the Council.
- 192 Employment of Government agencies for repairs, etc.
- 193 Work to be done by licensed plumber.
- 194 Prohibition of certain acts.
ELECTRICITY SUPPLY
- 195 Functions in relation to electricity supply.
- 196 Additional functions in relation to electricity supply.
- 197 Council to have powers and obligations of licensee under Act 9 of 1910.
- 198 Restriction on building and other acts interfering with the works of electric supply.
- 199 Power of Council to make arrangements with licensees.
- 200 Charges for supply of electricity.
- 201 Bulk receipt of electricity by the Council.
Construction, maintenance and improvement of streets
- 202 Vesting of public streets in the Council.
- 203 Functions of Chairperson in respect of public streets.
- 204 Disposal of land forming site of public streets permanently closed.
- 205 Power to make new public streets.
- 206 Minimum width of new public streets.
- 207 Power to prohibit or regulate use of public streets for certain kind of traffic.
- 208 Power to acquire lands and buildings for public streets and for public parking places.
- 209 Defining the regular line of streets.
- 210 Setting back building to regular line of street.
- 211 Compulsory setting back of building to regular line of street.
- 212 Acquisition of open land and land occupied by platform, etc., within the regular line of street.
- 213 Acquisition of the remaining part of a building and land after their portions within a regular line of street have been acquired.
- 214 Setting forward of buildings to the regular line of street.
- 215 Compensation to be paid in certain cases of setting back or setting forward of buildings, etc.
Private streets
- 216 Owner's obligation when dealing with land as building sites.
- 217 Lay-out plans.
- 218 Alteration or demolition of street made in breach of section 217.
- 219 Power of Chairperson to order work to be carried out or to carry it out himself in default.
- 220 Right of owner to require streets to be declared public.
Encroachments on streets
- 221 Prohibition of projections upon streets, etc.
- 222 Projections over streets may be permitted in certain cases.
- 223 Ground floor doors, etc., not to open outwards on streets.
- 224 Prohibition of structures or fixtures which cause obstruction in street.
- 225 Prohibition of deposit, etc., of things in streets.
- 226 Power to remove anything deposited or exposed for sale in contravention of this Act.
- 227 Prohibition of the tethering of animals and milking of cattle.
Provision concerning execution of works in or near to streets
- 228 Precautions during repair of streets.
- 229 Streets not to be opened or broken up and building materials not to be deposited thereon without permission.
- 230 Disposal of things removed under this Chapter.
Naming and numbering of streets and numbering of buildings
- 231 Naming and numbering of streets.
Repair or enclosure of dangerous places
- 232 Chairperson to take steps for repairing or enclosing dangerous places.
Lighting of streets
- 233 Measures for lighting.
- 234 Prohibition of removal, etc., of lamps.
BUILDING REGULATIONS
- 235 General superintendence, etc., of the Central Government.
- 236 Definition.
- 237 Prohibition of building without sanction.
- 238 Erection of building.
- 239 Applications for additions to, or repairs of, buildings.
- 240 Conditions of valid notice.
- 241 Sanction or refusal of building or work.
- 242 When building or work may be proceeded with.
- 243 Sanction accorded under misrepresentation.
- 244 Buildings at corners of streets.
- 245 Provisions as to buildings and works on either side of new streets.
- 246 Period for completion of building or work.
- 247 Order of demolition and stoppage of buildings or works in certain cases and appeal.
- 248 Order of stoppage of buildings or works in certain cases.
- 249 Power of Chairperson to require alteration of work.
- 250 Power to seal unauthorised constructions.
- 251 Completion certificates.
- 252 Restrictions on uses of buildings.
- 253 Appellate Tribunal.
- 254 Appeals against certain orders or notices issued under the Act.
- 255 Procedure of the Appellate Tribunal.
- 256 Appeal against orders of Appellate Tribunal.
- 257 Bar of jurisdiction of courts.
- 259 Power to order building to be vacated in certain circumstances.
- 260 Power of the Central Government to make bye-laws.
Conservancy and sanitation
- 261 Provision for daily cleansing of streets and removal of rubbish and filth.
- 262 Rubbish, etc., to be the property of the Council.
- 263 Provision or appointment of receptacles, depots and places for rubbish, etc.
- 264 Duty of owners and occupiers to collect and deposit rubbish, etc.
- 265 Collection and removal of filth and polluted matter.
- 266 Removal of rubbish, etc., accumulated on premises used as factories, workshop, etc.
- 267 Prohibition against accumulation of rubbish, etc.
- 268 Prohibition in respect of air pollutant.
- 269 Chairperson's power to get premises scavenged and cleansed.
- 270 Public latrines, urinals, etc.
Latrines and urinals
- 271 Construction of latrines and urinals.
- 272 Latrines and urinals, etc., in new buildings.
- 273 Latrines and urinals for labourers, etc.
- 274 Provision of latrines and urinals for markets, etc.
- 275 Other provisions as to private latrines.
Removal of congested buildings and buildings unfit for human habitation
- 276 Removal of congested buildings.
- 277 Power of Chairperson to require improvement of building unfit for human habitation.
- 278 Enforcement of notice requiring execution of works of improvement.
- 279 Power of Chairperson to order demolition of buildings unfit for human habitation.
- 280 Insanitary huts and sheds.
Regulation of washing by washermen
- 281 Prohibition against washing by washerman.
Prevention of Dangerous Diseases
- 282 Obligation to give information of dangerous disease.
- 283 Removal to hospital of patients, suffering from dangerous disease.
- 284 Disinfection of buildings and articles.
- 285 Destruction of infectious huts or sheds.
- 286 Means of disinfection.
- 287 Special measures in case of outbreak of dangerous or epidemic diseases.
- 288 Infected clothes not to be sent to washerman or to laundry.
- 289 Contamination and disinfection of public conveyance.
- 290 Driver of conveyance not bound to carry persons suffering from dangerous disease.
- 291 Disinfection of buildings before letting the same.
- 292 Disposal of infected articles without disinfection.
- 293 Prohibition of making or selling of food, etc., or washing of clothes by infected persons.
- 294 Power to restrict or prohibit sale of food or drink.
- 295 Control over wells and tanks, etc.
- 296 Duty of persons suffering from dangerous disease.
- 297 Disposal of infectious corpses where any person has died from any dangerous disease.
Special conditions regarding essential services
- 298 Conditions of service of sweepers and certain other class of persons employed in municipal service.
- 299 Conditions of service of sweepers employed for doing house scavenging.
Burning and burial grounds
- 300 Power to call for information regarding burning and burial grounds.
- 301 Permission for use of new burning or burial ground.
- 302 Power to require closing of burning and burial grounds.
- 303 Removal of corpses.
Disposal of dead animals
- 304 Disposal of dead animals.
VITAL STATISTICS
- 305 Appointment of Chief Registrar, etc.
- 306 Duties of registrar.
- 307 Information of births and deaths.
Nuisances
- 308 Prohibition of nuisances.
- 309 Power of Chairperson to require removal or abatement of nuisance.
Dogs
- 310 Registration and control of dogs.
Prevention of fire, etc.
- 311 Stacking or collecting inflammable materials.
- 312 Care of naked lights.
- 313 Discharging fire works, fire-arms, etc.
- 314 Power to require buildings, wells, etc., to be rendered safe.
- 315 Enclosure of waste land used for improper purpose.
Maintenance and regulation of markets
- 316 Provision of municipal market.
- 317 Use of municipal markets and slaughter house.
- 318 Private markets.
- 319 Conditions of grant of licence for private market.
- 320 Prohibition of keeping market open without licence, etc.
- 321 Prohibition of use of unlicensed markets.
- 322 Prohibition of business and trade near a market.
- 323 Levy of stallages, rents and fees.
- 324 Power to expel disturbers, etc., from markets.
- 325 Butcher's fish-monger's and poulter's licence.
Trades and occupations
- 326 Factory, etc., not to be established without permission of the Chairperson.
- 327 Premises not to be used for certain purposes without licence.
- 328 Seizure of certain animals.
- 329 Power of Chairperson to prevent use of premises in particular areas for purposes referred to in section 327.
- 330 Licences for hawking articles, etc.
- 331 Eating houses, etc., not to be used without licence from the Chairperson.
- 332 Licensing and control of theatres, circuses and places of public amusement.
- 333 Power of Chairperson to stop use of premises used in contravention of licences.
IMPROVEMENT
- 334 Improvement scheme.
- 335 Matters to be provided for in an improvement scheme.
- 336 Submission of improvement scheme to the Council for approval and to the Central Government for sanction.
- 337 Rehousing scheme.
- 338 Improvement scheme and rehousing scheme to comply with the master plan and zonal development plan.
Licences and written permissions
- 339 Signature, conditions, duration, suspension, revocation, etc., of licences and written permissions.
Entry and inspection
- 340 Powers of entry and inspection.
- 341 Power to enter land adjoining land in relation to any work.
- 342 Breaking into building.
- 343 Time of making entry.
- 344 Consent ordinarily to be obtained.
- 345 Regard to be had to social or religious usages.
- 346 Prohibition of obstruction or molestation in execution of work.
Public notices and advertisements
- 347 Public notices how to be made known.
- 348 Newspapers in which advertisements or notices to be published.
Evidence
- 349 Proof of consent, etc., of Chairperson.
Notices, etc.
- 350 Notices, etc., to fix reasonable time.
- 351 Signature on notices, etc., may be stamped.
- 352 Notices, etc., by whom to be served or issued.
- 353 Services of notices, etc.
- 354 Service of bills for tax or notice of demand by ordinary post.
- 355 Powers in case of non-compliance with notice, etc.
Recovery of expenses
- 356 Liability of occupier to pay in default of owner.
- 357 Execution of work by occupier in default of owner and deduction of expenses from rent.
- 358 Relief to agents and trustees.
Payment of compensation
- 359 General power to compensation.
- 360 Compensation to be paid by offenders for damage caused by them.
Recovery of expenses or compensation in case of dispute
- 361 Reference to the court of the district judge in certain cases.
- 362 Application to the court of the district judge in other cases.
Recovery of certain dues
- 363 Mode of recovery of certain dues.
Obstruction of owner by occupier
- 364 Right of owner to apply to the court of the district judge in case of obstruction by occupier.
Proceedings before the court of the district judge
- 365 General powers and procedure of the court of the district judge.
- 366 Fees in proceedings before the court of the district judge.
- 367 Repayment of half fees on settlement before hearing.
- 368 Power of the court of the district judge to delegate certain powers and to make rules.
Offences and penalties
- 369 Punishment for certain offences.
- 370 General penalty.
- 371 Offences by companies.
- 372 Certain offences to be cognizable.
- 373 Prosecutions.
- 374 Composition of offences.
Magistrates and proceedings before magistrates
- 375 Municipal magistrates.
- 376 Cognizance of offences.
- 377 Limitation of time for prosecution.
- 378 Power of magistrate to hear cases in absence of accused when summoned to appear.
- 379 Complaints concerning nuisances.
- 380 Procedure to be followed by magistrate regarding complaints concerning nuisances.
Powers and duties of police officers
- 381 Arrest of offenders.
- 382 Duties of police officers.
Legal proceedings
- 383 Power to institute, etc., legal proceedings and obtain legal advice.
- 384 Protection of action of the Council, etc.
- 385 Notice to be given of suits.
RULES, REGULATIONS AND BYE-LAWS
- 386 Supplemental provisions respecting rules.
- 387 Supplemental provisions respecting regulations.
- 388 Power to make bye-laws.
- 389 Regulations and bye-laws to be laid before Parliament.
- 390 Penalty for breaches of bye-laws.
- 391 Supplemental provisions respecting bye-laws.
- 392 Bye-laws to be available for inspection and purchase.
CONTROL
- 393 Government to require production of documents.
- 394 Inspection.
- 395 Directions by Central Government.
- 396 Power to provide for enforcement of direction under section 395.
- 397 Power of Central Government to give directions in relation to primary schools, etc.
- 398 Dissolution of the Council.
MISCELLANEOUS
- 399 Delegation of power by the Central Government.
- 400 Power to delegate functions of Chairperson.
- 401 Validity of notices and other documents.
- 402 Admissibility of document or entry as evidence.
- 403 Evidence of Municipal officer or employee.
- 404 Prohibition against obstruction of any municipal authority.
- 405 Prohibition against removal of mark.
- 406 Prohibition against removal or obliteration of notice.
- 407 Prohibition against unauthorised dealings with public place or materials.
- 408 Liability of Chairperson, etc., for loss, waste or misapplication of New Delhi Municipal Fund or property.
- 409 Members and municipal officers and employees to be public servants.
- 410 Annual administration report.
- 411 Other laws not to be disregarded.
- 412 Exemption of diplomatic or consular missions from payment of tax, etc.
- 413 Construction of references.
- 414 Council to undertake work on agency basis.
- 415 Power to remove difficulties.
- 416 Repeal and savings.
- 417 Expenditure in connection with the Council from the commencement of this Act to the adoption of the budget by the Council.
- 418 Transitory provision.
- 419 Repeal of Ordinance 8 of 1994.