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The New Delhi Municipal Council Act

260Power of the 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 New Delhi Municipal Committee under sub-section (3) of section 189 of the Punjab Municipal Act, 1911 (Punjab Act 3 of 1911) and in force immediately before such commencement, shall be deemed to have been made under the provision 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this section and shall continue to have the same force and effect after such commencement until it is amended, varied, rescinded or superseded under the provision of this section.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 areas;

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

(n) the provision of lifts;

(o) the paving of yards;

(p) the restrictions on the use of inflammable materials in buildings;

(q) the restriction on construction of foundation on certain sites;

(r) the measures to be taken to protect building from dump arising from sub-soil;

(s) the wells, tanks and cisterns and pumps for the supply of water for human consumption in connection with buildings;

(t) in the case of wells, the dimensions of the well, the manner of enclosing it and; if the well is intended for drinking purposes, the means which shall be used to prevent pollution of the water;

(u) the supervision of buildings;

(v) the setting back of garages and shops from the regular line of a street;

(w) the construction of partable structures and permission for such construction.

(3) The draft of the bye-laws referred to in sub-section (1) shall be forwarded to the Chairperson, who shall cause the same to be published in the Official Gazette for inviting objections and suggestions from the public within thirty days from the date of such publication.

(4) The Chairperson shall forward the draft bye-laws to the Central Government along with his recommendations and the objections and suggestions received from the public, within three months of their publication in the Official Gazette.

(5) The Central Government may issue such directions to the Chairperson as it thinks fit, for ensuring proper implementation of the bye-laws made under this section.

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