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The New Delhi Municipal Council Act, 1994

[Act No. 44 of 1994]

[14th July, 1994.]

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

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