The New Delhi Municipal Council Act
An Act to provide for the establishment of the New Delhi Municipal Council and for matters connected therewith or incidental thereto.1994
List of Chapters & Sections
PRELIMINARY
Constitution of the Council
Members
Committees of the Council
FUNCTIONS OF THE COUNCIL
THE CHAIRPERSON
Transaction of business by the Council
Validation
MUNICIPAL OFFICERS AND OTHER MUNICIPAL EMPLOYEES
The New Delhi Municipal Fund
Special Funds
Budget estimates
Scrutiny and audit of accounts
ACCOUNTS AND AUDIT
Levy of taxes
Property tax
Tax on vehicles and animals
Theatre-tax
Tax on advertisements other than advertisements published in the newspapers
Duty on transfer of property
Tax on buildings payable along with the application for sanction of building plans
Other taxes
Supplementary taxation
Payment and recovery of taxes
Remission and refund
Appeals
Miscellaneous provisions relating to taxation
Taxes on entertainment and betting
BORROWING
Property
Contracts
General
Water supply
Drainage and sewerage
Collection of sewage
Miscellaneous
ELECTRICITY SUPPLY
Construction, maintenance and improvement of streets
Private streets
Encroachments on streets
Provision concerning execution of works in or near to streets
Naming and numbering of streets and numbering of buildings
Repair or enclosure of dangerous places
Lighting of streets
BUILDING REGULATIONS
Conservancy and sanitation
Latrines and urinals
Removal of congested buildings and buildings unfit for human habitation
Regulation of washing by washermen
Prevention of Dangerous Diseases
Special conditions regarding essential services
Burning and burial grounds
Disposal of dead animals
VITAL STATISTICS
Nuisances
Dogs
Prevention of fire, etc.
Maintenance and regulation of markets
Trades and occupations
IMPROVEMENT
Licences and written permissions
Entry and inspection
Public notices and advertisements
Evidence
Notices, etc.
Recovery of expenses
Payment of compensation
Recovery of expenses or compensation in case of dispute
Recovery of certain dues
Obstruction of owner by occupier
Proceedings before the court of the district judge
Offences and penalties
Magistrates and proceedings before magistrates
Powers and duties of police officers
Legal proceedings
RULES, REGULATIONS AND BYE-LAWS
CONTROL
MISCELLANEOUS
PRELIMINARY
Constitution of the Council
Members
Committees of the Council
FUNCTIONS OF THE COUNCIL
THE CHAIRPERSON
13Appointment, etc., of the Chairperson14Leave of absence of Chairperson15Appointment of officiating Chairperson in case of death, resignation or removal of Chairperson16Salary and allowances of the Chairperson and members17Service regulations of members18Functions of the Chairperson19Chairperson not to be interested in any contract, etc., with the Council20Exercise of powers to be subject to sanctionTransaction of business by the Council
21Meetings22First meeting of the Council23Notice of meetings and business24Quorum25Presiding Officer26Method of deciding questions27Members not to vote on matter in which they are interested28Right to attend meetings of Council and its committees, etc., and right of members to ask questions in relation to the municipal government of New Delhi29Keeping of minutes and proceedings30Circulation of minutes and inspection of minutes and reports of proceedings31Forwarding minutes and reports of proceedings to the AdministratorValidation
MUNICIPAL OFFICERS AND OTHER MUNICIPAL EMPLOYEES
33Appointment of certain officers34Schedule of permanent posts and creation of temporary posts35Restriction on employment of permanent officers and other employees36Power to make appointments37Officers and other employees not to undertake any extraneous work38Officers and other employees not to be interested in any contract, etc., with the Council39Punishment for municipal officers and other employees40Consultation with the Union Public Service Commission41Power of Commission to make regulations and reference to the Central Government in case of difference between the Commission and the Council42Recruitment to category B and category C posts43Power of Council to make regulationsThe New Delhi Municipal Fund
44Constitution of the New Delhi Municipal Fund45New Delhi Municipal Fund to be kept in the State Bank of India46Operation of the Accounts47Payments not to be made unless covered by a budget-grant48Duty of persons signing cheques49Procedure when money not covered by a budget-grant is expended50Application of New Delhi Municipal Fund51Temporary payments from the New Delhi Municipal Fund for works urgently required for the public service52Investment of surplus moneys53Constitution of Finance CommissionSpecial Funds
Budget estimates
Scrutiny and audit of accounts
ACCOUNTS AND AUDIT
Levy of taxes
Property tax
61Rates of property tax62Premises in respect of which property tax is to be levied63Determination of rateable value of lands and buildings assessable to property tax64Charge for supply of water65Taxation of Union properties66Incidence of property tax67Apportionment of liability for property tax when the premises are let or sub-let68Recovery of property tax from occupiers69Property tax a first charge on premises on which it is assessed70Assessment list71Evidential value of assessment list72Amendment of assessment list73Preparation of new assessment list74Notice of transfers75Notice of erection of building, etc76Notice of demolition or removal of buildings77Power of Chairperson to call for information and returns and to enter and inspect premises78Premises owned by, or let to two or more persons in severalty to be ordinarily assessed as one property79Assessment in case of amalgamation of premises80Power of Chairperson to assess separately outhouses and portions of buildings81Power of Chairperson to employ valuersTax on vehicles and animals
Theatre-tax
Tax on advertisements other than advertisements published in the newspapers
Duty on transfer of property
Tax on buildings payable along with the application for sanction of building plans
Other taxes
Supplementary taxation
Payment and recovery of taxes
98Time and manner of payment of taxes99Presentation of bill100Notice of demand and notice fee101Penalty in case of default of payment of taxes102Recovery of tax103Distress104Disposal of distrained property and attachment and sale of immovable property105Recovery from a person about to leave New Delhi or Delhi106Power to institute suit for recovery107Power of seizure of vehicles and animals in case of non-payment of tax thereon108Occupiers may be required to pay rent towards satisfaction of property taxRemission and refund
109Demolition, etc., of buildings110Remission or refund of tax111Power to require entry in assessment list of details of buildings112Notice to be given of the circumstances in which remission or refund is claimed113What buildings are to be deemed vacant114Notice to be given of every occupation of vacant land or buildingAppeals
Miscellaneous provisions relating to taxation
Taxes on entertainment and betting
BORROWING
126Power of Council to borrow127Time for repayment of money borrowed under section 126128Form and effect of debenture129Payment to survivors of joint payees130Receipt by joint holders for interest or dividend131Maintenance and investment of sinking funds132Application of sinking funds133Annual statement by Chairperson134Power of Council to consolidate loans135Priority of payment for interest and repayment of loans over other payments136Power to make regulationsProperty
Contracts
General
Water supply
147Functions in relation to water supplies148Water supplied for domestic purposes not to be used for non-domestic purposes149Supply of water for domestic purposes not to include any supply for certain specified purposes150Power to supply water for non-domestic purposes151Use of water for extinguishing fire152Power to require water supply to be taken153New premises not to be occupied without arrangement for water supply154Public gratuitous water supply155Power to lay mains156Power to lay service pipes, etc157Provision of fire hydrants158Supply of water159Laying of supply pipes, etc160Power to require separate service pipes161Stopcocks162Power of Chairperson to provide meters163Presumption as to correctness of meters164Prohibition of waste or misuse of water165Power to enter premises to detect waste or misuse of water166Power to test water fittings167Power to close or restrict use of water from polluted source of supply168Water pipes, etc., not to be placed where water will be polluted169Power to cut off private water supply or to turn off water170Joint and several liability of owners and occupiers for offence in relation to water supplyDrainage and sewerage
171Public drains, etc., to vest in the Council172Control of drains and sewage collection works173Certain matters not to be passed into municipal drains174Application by owners and occupiers to drain into municipal drains175Drainage of and drained premises176New premises not to be erected without drains177Power to drain group or block of premises by combined operations178Power of Chairperson to close or limit the use of private drains in certain cases179Use of drain by a person other than the owner180Sewage and rain water drains to be distinct181Power of Chairperson to require owner to carry out certain works for satisfactory drainageCollection of sewage
Miscellaneous
183Connection with water works and drains not to be made without permission184Building, railways and private streets not to be erected or constructed over drains or water works without permission185Rights of user of property for aqueducts, lines, etc186Power of owner of premises to place pipes and drains through land belonging to other persons187Power to require railway level, etc., to be raised or lowered188Power of Chairperson to execute work after giving notice to the person liable189Power of Chairperson to affix shafts, etc., for ventilation of drain or cesspool190Power of Chairperson to examine and test drains, etc., believed to be defective191Bulk receipt of water and delivery of sewage by the Council192Employment of Government agencies for repairs, etc193Work to be done by licensed plumber194Prohibition of certain actsELECTRICITY SUPPLY
195Functions in relation to electricity supply196Additional functions in relation to electricity supply197Council to have powers and obligations of licensee under Act 9 of 1910198Restriction on building and other acts interfering with the works of electric supply199Power of Council to make arrangements with licensees200Charges for supply of electricity201Bulk receipt of electricity by the CouncilConstruction, maintenance and improvement of streets
202Vesting of public streets in the Council203Functions of Chairperson in respect of public streets204Disposal of land forming site of public streets permanently closed205Power to make new public streets206Minimum width of new public streets207Power to prohibit or regulate use of public streets for certain kind of traffic208Power to acquire lands and buildings for public streets and for public parking places209Defining the regular line of streets210Setting back building to regular line of street211Compulsory setting back of building to regular line of street212Acquisition of open land and land occupied by platform, etc., within the regular line of street213Acquisition of the remaining part of a building and land after their portions within a regular line of street have been acquired214Setting forward of buildings to the regular line of street215Compensation to be paid in certain cases of setting back or setting forward of buildings, etcPrivate streets
216Owner's obligation when dealing with land as building sites217Lay-out plans218Alteration or demolition of street made in breach of section 217219Power of Chairperson to order work to be carried out or to carry it out himself in default220Right of owner to require streets to be declared publicEncroachments on streets
221Prohibition of projections upon streets, etc222Projections over streets may be permitted in certain cases223Ground floor doors, etc., not to open outwards on streets224Prohibition of structures or fixtures which cause obstruction in street225Prohibition of deposit, etc., of things in streets226Power to remove anything deposited or exposed for sale in contravention of this Act227Prohibition of the tethering of animals and milking of cattleProvision concerning execution of works in or near to streets
Naming and numbering of streets and numbering of buildings
Repair or enclosure of dangerous places
Lighting of streets
BUILDING REGULATIONS
235General superintendence, etc., of the Central Government236Definition237Prohibition of building without sanction238Erection of building239Applications for additions to, or repairs of, buildings240Conditions of valid notice241Sanction or refusal of building or work242When building or work may be proceeded with243Sanction accorded under misrepresentation244Buildings at corners of streets245Provisions as to buildings and works on either side of new streets246Period for completion of building or work247Order of demolition and stoppage of buildings or works in certain cases and appeal248Order of stoppage of buildings or works in certain cases249Power of Chairperson to require alteration of work250Power to seal unauthorised constructions251Completion certificates252Restrictions on uses of buildings253Appellate Tribunal254Appeals against certain orders or notices issued under the Act255Procedure of the Appellate Tribunal256Appeal against orders of Appellate Tribunal257Bar of jurisdiction of courts259Power to order building to be vacated in certain circumstances260Power of the Central Government to make bye-lawsConservancy and sanitation
261Provision for daily cleansing of streets and removal of rubbish and filth262Rubbish, etc., to be the property of the Council263Provision or appointment of receptacles, depots and places for rubbish, etc264Duty of owners and occupiers to collect and deposit rubbish, etc265Collection and removal of filth and polluted matter266Removal of rubbish, etc., accumulated on premises used as factories, workshop, etc267Prohibition against accumulation of rubbish, etc268Prohibition in respect of air pollutant269Chairperson's power to get premises scavenged and cleansed270Public latrines, urinals, etcLatrines and urinals
Removal of congested buildings and buildings unfit for human habitation
276Removal of congested buildings277Power of Chairperson to require improvement of building unfit for human habitation278Enforcement of notice requiring execution of works of improvement279Power of Chairperson to order demolition of buildings unfit for human habitation280Insanitary huts and shedsRegulation of washing by washermen
Prevention of Dangerous Diseases
282Obligation to give information of dangerous disease283Removal to hospital of patients, suffering from dangerous disease284Disinfection of buildings and articles285Destruction of infectious huts or sheds286Means of disinfection287Special measures in case of outbreak of dangerous or epidemic diseases288Infected clothes not to be sent to washerman or to laundry289Contamination and disinfection of public conveyance290Driver of conveyance not bound to carry persons suffering from dangerous disease291Disinfection of buildings before letting the same292Disposal of infected articles without disinfection293Prohibition of making or selling of food, etc., or washing of clothes by infected persons294Power to restrict or prohibit sale of food or drink295Control over wells and tanks, etc296Duty of persons suffering from dangerous disease297Disposal of infectious corpses where any person has died from any dangerous diseaseSpecial conditions regarding essential services
Burning and burial grounds
Disposal of dead animals
VITAL STATISTICS
Nuisances
Dogs
Prevention of fire, etc.
Maintenance and regulation of markets
316Provision of municipal market317Use of municipal markets and slaughter house318Private markets319Conditions of grant of licence for private market320Prohibition of keeping market open without licence, etc321Prohibition of use of unlicensed markets322Prohibition of business and trade near a market323Levy of stallages, rents and fees324Power to expel disturbers, etc., from markets325Butcher's fish-monger's and poulter's licenceTrades and occupations
326Factory, etc., not to be established without permission of the Chairperson327Premises not to be used for certain purposes without licence328Seizure of certain animals329Power of Chairperson to prevent use of premises in particular areas for purposes referred to in section 327330Licences for hawking articles, etc331Eating houses, etc., not to be used without licence from the Chairperson332Licensing and control of theatres, circuses and places of public amusement333Power of Chairperson to stop use of premises used in contravention of licencesIMPROVEMENT
334Improvement scheme335Matters to be provided for in an improvement scheme336Submission of improvement scheme to the Council for approval and to the Central Government for sanction337Rehousing scheme338Improvement scheme and rehousing scheme to comply with the master plan and zonal development planLicences and written permissions
Entry and inspection
Public notices and advertisements
Evidence
Notices, etc.
Recovery of expenses
Payment of compensation
Recovery of expenses or compensation in case of dispute
Recovery of certain dues
Obstruction of owner by occupier
Proceedings before the court of the district judge
Offences and penalties
Magistrates and proceedings before magistrates
Powers and duties of police officers
Legal proceedings
RULES, REGULATIONS AND BYE-LAWS
386Supplemental provisions respecting rules387Supplemental provisions respecting regulations388Power to make bye-laws389Regulations and bye-laws to be laid before Parliament390Penalty for breaches of bye-laws391Supplemental provisions respecting bye-laws392Bye-laws to be available for inspection and purchaseCONTROL
MISCELLANEOUS
399Delegation of power by the Central Government400Power to delegate functions of Chairperson401Validity of notices and other documents402Admissibility of document or entry as evidence403Evidence of Municipal officer or employee404Prohibition against obstruction of any municipal authority405Prohibition against removal of mark406Prohibition against removal or obliteration of notice407Prohibition against unauthorised dealings with public place or materials408Liability of Chairperson, etc., for loss, waste or misapplication of New Delhi Municipal Fund or property409Members and municipal officers and employees to be public servants410Annual administration report411Other laws not to be disregarded412Exemption of diplomatic or consular missions from payment of tax, etc413Construction of references414Council to undertake work on agency basis415Power to remove difficulties416Repeal and savings417Expenditure in connection with the Council from the commencement of this Act to the adoption of the budget by the Council418Transitory provision419Repeal of Ordinance 8 of 1994