LawgistAll Acts
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.
| Act Id | 199444 |
| Act Number | 44 |
| Enactment Date | 1994-07-14 |
| Act Year | 1994 |
| Ministry | Ministry of Housing and Urban Affairs |
| Enforcement Date | 25-05-1994 |
- PRELIMINARY
- Constitution of the Council
- Members
- Committees of the Council
- 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
- 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
- Budget estimates
- Scrutiny and audit of accounts
- ACCOUNTS AND AUDIT
- Levy of taxes
- 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
- 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
- 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
- Miscellaneous provisions relating to taxation
- Taxes on entertainment and betting
- 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
- Contracts
- General
- 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
- 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
- Naming and numbering of streets and numbering of buildings
- Repair or enclosure of dangerous places
- Lighting of streets
- 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
- 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
- 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
- Burning and burial grounds
- Disposal of dead animals
- VITAL STATISTICS
- Nuisances
- Dogs
- Prevention of fire, etc.
- 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
- 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
- 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
- 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
