Contents: |
Title |
The New Delhi Municipal Council Act, 1994 |
Sections: |
Particulars: |
Chapter I |
Preliminary Sections |
1. |
Short title, extent and commencement |
2. |
Definitions |
Chapter II |
The Council |
3. |
Establishment of the Council |
4. |
Composition of the Council |
5. |
Duration of the Council |
6. |
Disqualification for membership of the Council |
7. |
Oath or affirmation |
8. |
Vacation of seat |
9. |
Setting-up of committees |
Chapter III |
Functions of The Council |
10. |
General powers of the Council |
11. |
Obligatory functions of the Council |
12. |
Discretionary functions of the Council |
Chapter IV |
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 |
Chapter V |
Procedure |
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 |
32. |
Validation of proceedings, etc |
Chapter VI |
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 |
Chapter VII |
Revenue and Expenditure |
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 |
54. |
Constitution of special funds |
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 |
58. |
Accounts to be kept |
59. |
Audit |
Chapter VIII |
Taxation |
60. |
Taxes to be imposed by the Council under this Act |
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 |
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 |
86. |
Theatre tax |
87. |
Liability to pay theatre-tax |
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 |
93. |
Duty on transfer of property and method of assessment thereto |
94. |
Provisions applicable on the introduction of transfer duty |
95. |
Tax on building applications |
96. |
Imposition of other taxes |
97. |
Supplementary taxation |
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 |
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 |
115. |
Appeal against assessment, etc |
116. |
Conditions of right to appeal |
117. |
Condonation of delay in preferring the appeal. |
118. |
Finality of appellate orders |
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 |
125. |
Payment of proceeds of entertainment and betting taxes to Council |
Chapter IX |
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 |
Chapter X |
Property and Contracts |
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 |
142. |
Contracts by the Council |
143. |
Procedure for making contracts |
144. |
Mode of executing contracts |
Chapter XI |
Water Supply, Drainage And Sewage Collection |
145. |
Definitions |
146. |
Council may carry out surveys and formulate proposals |
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 |
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 |
182. |
Appointment of places for the emptying of drains and collection of sewage |
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 |
Chapter XII |
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 |
Chapter XIII |
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 |
216. |
Owners 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 |
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 |
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 |
231. |
Naming and numbering of streets |
232. |
Chairperson to take steps for repairing or enclosing dangerous places |
233. |
Measures for lighting |
234. |
Prohibition of removal, etc., of lamps |
Chapter XIV |
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. |
Appeals against certain orders or notices issued under the Act |
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 |
258. |
Removal of dangerous buildings |
259. |
Power to order building to be vacated in certain circumstances |
260. |
Power of the Central Government to make bye-laws |
Chapter XV |
Sanitation and Public Health |
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 |
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 |
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 |
281. |
Prohibition against washing by washerman |
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 |
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 |
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 |
304. |
Disposal of dead animals |
Chapter XVI |
Vital Statistics |
305. |
Appointment of Chief Registrar, etc |
306. |
Duties of registrar |
307. |
Information of births and deaths |
Chapter XVII |
Public Safety a and Suppression of Nuisances |
308. |
Prohibition of nuisances |
309. |
Power of Chairperson to require removal or abatement of nuisance |
310. |
Registration and control of dogs |
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 |
Chapter XVIII |
Markets, Trades and Occupations |
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 |
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. |
Decisions of Committee of Arbitration |
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 |
Chapter XIX |
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 |
Chapter XX |
Powers, Procedure, Offences and Penalties |
339. |
Signature, conditions, duration, suspension, revocation, etc., of licences and written permissions |
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 |
347. |
Public notices how to be made known |
348. |
Newspapers in which advertisements or notices to be published |
349. |
Proof of consent, etc., of Chairperson |
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 |
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 |
359. |
General power to compensation |
360. |
Compensation to be paid by offenders for damage caused by them |
361. |
Reference to the court of the district judge in certain cases |
362. |
Application to the court of the district judge in other cases |
363. |
Mode of recovery of certain dues |
364. |
Right of owner to apply to the court of the district judge in case of obstruction by occupier |
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 |
369. |
Punishment for certain offences |
370. |
General penalty |
371. |
Offences by companies |
372. |
Certain offences to be cognizable |
373. |
Prosecutions |
374. |
Composition of offences |
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 |
381. |
Arrest of offenders |
382. |
Duties of police officers |
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 |
Chapter XXI |
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 |
393. |
Government to require production of documents |
Chapter XXII |
Control |
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 |
Chapter XXIII |
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 |
Schedule I |
Boundaries of New Delhi |
Schedule II |
Rates of Taxes Leviable On Vehicles and Animals |
Schedule III |
Theatre-Tax |
Schedule IV |
Tax On Advertisements Other Than Advertisements Published In The Newspapers |
Schedule V |
Tax On Building Applications |
Schedule VI |
Notice of Demand |
Schedule VII |
Form of Warrant |
Schedule VIII |
Form of Inventory Of Property Distrained And Notice Of Sale |
Schedule IX |
Purposes for Which Premises May Not Be Used Without A Licence |
Schedule X |
Penalties |