The New Delhi Municipal Council Act, 1994

Central · 1994

S. 1Short title, extent and commencement.
S. 2Definitions.
S. 3Establishment of the Council.
S. 4Composition of the Council.
S. 5Duration of the Council.
S. 6Disqualification for membership of the Council.
S. 7Oath or affirmation.
S. 8Vacation of seat.
S. 9Setting-up of committees.
S. 10General powers of the Council.
S. 11Obligatory functions of the Council.
S. 12Discretionary functions of the Council.
S. 13Appointment, etc., of the Chairperson.
S. 14Leave of absence of Chairperson.
S. 15Appointment of officiating Chairperson in case of death, resignation or removal of Chairperson.
S. 16Salary and allowances of the Chairperson and members.
S. 17Service regulations of members.
S. 18Functions of the Chairperson.
S. 19Chairperson not to be interested in any contract, etc., with the Council.
S. 20Exercise of powers to be subject to sanction.
S. 21Meetings.
S. 22First meeting of the Council.
S. 23Notice of meetings and business.
S. 24Quorum.
S. 25Presiding Officer.
S. 26Method of deciding questions.
S. 27Members not to vote on matter in which they are interested.
S. 28Right 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.
S. 29Keeping of minutes and proceedings.
S. 30Circulation of minutes and inspection of minutes and reports of proceedings.
S. 31Forwarding minutes and reports of proceedings to the Administrator.
S. 32Validation of proceedings, etc.
S. 33Appointment of certain officers.
S. 34Schedule of permanent posts and creation of temporary posts.
S. 35Restriction on employment of permanent officers and other employees.
S. 36Power to make appointments.
S. 37Officers and other employees not to undertake any extraneous work.
S. 38Officers and other employees not to be interested in any contract, etc., with the Council.
S. 39Punishment for municipal officers and other employees.
S. 40Consultation with the Union Public Service Commission.
S. 41Power of Commission to make regulations and reference to the Central Government in case of difference between the Commission and the Council.
S. 42Recruitment to category B and category C posts.
S. 43Power of Council to make regulations.
S. 44Constitution of the New Delhi Municipal Fund.
S. 45New Delhi Municipal Fund to be kept in the State Bank of India.
S. 46Operation of the Accounts.
S. 47Payments not to be made unless covered by a budget-grant.
S. 48Duty of persons signing cheques.
S. 49Procedure when money not covered by a budget-grant is expended.
S. 50Application of New Delhi Municipal Fund.
S. 51Temporary payments from the New Delhi Municipal Fund for works urgently required for the public service.
S. 52Investment of surplus moneys.
S. 53Constitution of Finance Commission.
S. 54Constitution of special funds.
S. 55Adoption of budget estimates.
S. 56Power of Council to alter budget estimates.
S. 57Power of Council to re-adjust income and expenditure during the year.
S. 58Accounts to be kept.
S. 59Audit.
S. 60Taxes to be imposed by the Council under this Act.
S. 61Components of property tax.
S. 61ABuilding tax.
S. 61BRebate for certain categories.
S. 61CVacant land tax.
S. 61DRate of building tax.
S. 61ERate of vacant land tax.
S. 62Premises in respect of which property tax is to be levied.
S. 63Determination of rateable value of lands and buildings assessable to property tax.
S. 64Charge for supply of water.
S. 64AConstitution of Municipal Valuation Committee.
S. 64BClassification of vacant lands and buildings into areas and groups and specification of base unit area values therefor.
S. 64CNotification of classification of vacant lands and buildings into areas and groups and specification of base unit area valuesthereof and factorsfor increase or decrease.
S. 64DObjection to classification of vacant lands and buildings into areas and groups and fixation of base unit area values and factors for increasing or decreasing such base unit area values.
S. 64EFinal base unit area values of vacant land and of covered space of building.
S. 64FDetermination of annual value of covered space of building and of vacant land.
S. 64GDetermination of annual value of building where land is exempted from property tax.
S. 64HTransitory provisions.
S. 64JIndexation of unit area value.
S. 64KHardship and Anomaly Committee.
S. 65Taxation of Union properties.
S. 66Incidence of property tax.
S. 67Apportionment of liability for property tax when the premises are let or sub-let.
S. 68Recovery of property tax from occupiers.
S. 69Property tax a first charge on premises on which it is assessed.
S. 69ASubmission of returns.
S. 69BSelf-assessment and submission of return.
S. 69CRevision of assessment.
S. 69DPower of Chairperson regarding assessment.
S. 70Assessment list.
S. 71Evidential value of assessment list.
S. 72Amendment of assessment list.
S. 72AAssignment of property identification code.
S. 73Preparation of new assessment list.
S. 74Notice of transfers.
S. 75Notice of erection of building, etc.
S. 76Notice of demolition or removal of buildings.
S. 77Power of Chairperson to call for information and returns and to enter and inspect premises.
S. 78Premises owned by, or let to two or more persons in severalty to be ordinarily assessed as one property.
S. 79Assessment in case of amalgamation of premises.
S. 80Power of Chairperson to assess separately outhouses and portions of buildings.
S. 81Power of Chairperson to employ valuers.
S. 82Tax on certain vehicles and animals and rates thereof.
S. 83The tax on whom leviable.
S. 84Tax when payable.
S. 85Power of Chairperson to compound with livery stable keeper, etc., for tax.
S. 86Theatre-tax.
S. 87Liability to pay theatre-tax.
S. 88Tax on advertisements.
S. 89Prohibition of advertisements without written permission of the Chairperson.
S. 90Permission of the Chairperson to become void in certain cases.
S. 91Presumption in case of contravention.
S. 92Power of Chairperson in case of contravention.
S. 93Duty on transfer of property and method of assessment thereto.
S. 94Provisions applicable on the introduction of transfer duty.
S. 95Tax on building applications.
S. 96Imposition of other taxes.
S. 97Supplementary taxation.
S. 98Time and manner of payment of taxes.
S. 98APunishment for wilful default in payment of property tax, furnishing wrong information in return of assessment, etc.
S. 99Presentation of bill.
S. 100Notice of demand and notice fee.
S. 101Penalty in case of default of payment of taxes.
S. 102Recovery of tax.
S. 102ARecovery of property tax.
S. 103Distress.
S. 104Disposal of distrained property and attachment and sale of immovable property.
S. 105Recovery from a person about to leave New Delhi or Delhi.
S. 106Power to institute suit for recovery.
S. 107Power of seizure of vehicles and animals in case of non-payment of tax thereon.
S. 108Occupiers may be required to pay rent towards satisfaction of property tax.
S. 109Demolition, etc., of buildings.
S. 110Remission or refund of tax.
S. 111Power to require entry in assessment list of details of buildings.
S. 112Notice to be given of the circumstances in which remission or refund is claimed.
S. 113What buildings are to be deemed vacant.
S. 114Notice to be given of every occupation of vacant land or building.
S. 115Appeal against assessment, etc.
S. 116Conditions of right to appeal.
S. 117Condonation of delay in preferring the appeal.
S. 118Finality of appellate orders.
S. 119Power to inspect for purposes of determining rateable value or tax.
S. 120Composition.
S. 121Irrecoverable debts.
S. 122Obligation to disclose liability.
S. 123Immaterial error not to affect liability.
S. 124General power of exemption.
S. 125Payment of proceeds of entertainment and betting taxes to Council.
S. 126Power of Council to borrow.
S. 127Time for repayment of money borrowed under section 126.
S. 128Form and effect of debenture.
S. 129Payment to survivors of joint payees.
S. 130Receipt by joint holders for interest or dividend.
S. 131Maintenance and investment of sinking funds.
S. 132Application of sinking funds.
S. 133Annual statement by Chairperson.
S. 134Power of Council to consolidate loans.
S. 135Priority of payment for interest and repayment of loans over other payments.
S. 136Power to make regulations.
S. 137Acquisition of property.
S. 138Acquisition of immovable property by agreement.
S. 139Procedure when immovable property cannot be acquired by agreement.
S. 140Disposal of movable property.
S. 141Disposal of immovable property.
S. 142Contracts by the Council.
S. 143Procedure for making contracts.
S. 144Mode of executing contracts.
S. 145Definitions.
S. 146Council may carry out surveys and formulate proposals.
S. 147Functions in relation to water supplies.
S. 148Water supplied for domestic purposes not to be used for non-domestic purposes.
S. 149Supply of water for domestic purposes not to include any supply for certain specified purposes.
S. 150Power to supply water for non-domestic purposes.
S. 151Use of water for extinguishing fire.
S. 152Power to require water supply to be taken.
S. 153New premises not to be occupied without arrangement for water supply.
S. 154Public gratuitous water supply.
S. 155Power to lay mains.
S. 156Power to lay service pipes, etc.
S. 157Provision of fire hydrants.
S. 158Supply of water.
S. 159Laying of supply pipes, etc.
S. 160Power to require separate service pipes.
S. 161Stopcocks.
S. 162Power of Chairperson to provide meters.
S. 163Presumption as to correctness of meters.
S. 164Prohibition of waste or misuse of water.
S. 165Power to enter premises to detect waste or misuse of water.
S. 166Power to test water fittings.
S. 167Power to close or restrict use of water from polluted source of supply.
S. 168Water pipes, etc., not to be placed where water will be polluted.
S. 169Power to cut off private water supply or to turn off water.
S. 170Joint and several liability of owners and occupiers for offence in relation to water supply.
S. 171Public drains, etc., to vest in the Council.
S. 172Control of drains and sewage collection works.
S. 173Certain matters not to be passed into municipal drains.
S. 174Application by owners and occupiers to drain into municipal drains.
S. 175Drainage of and drained premises.
S. 176New premises not to be erected without drains.
S. 177Power to drain group or block of premises by combined operations.
S. 178Power of Chairperson to close or limit the use of private drains in certain cases.
S. 179Use of drain by a person other than the owner.
S. 180Sewage and rain water drains to be distinct.
S. 181Power of Chairperson to require owner to carry out certain works for satisfactory drainage.
S. 182Appointment of places for the emptying of drains and collection of sewage.
S. 183Connection with water works and drains not to be made without permission.
S. 184Building, railways and private streets not to be erected or constructed over drains or water works without permission.
S. 185Rights of user of property for aqueducts, lines, etc.
S. 186Power of owner of premises to place pipes and drains through land belonging to other persons.
S. 187Power to require railway level, etc., to be raised or lowered.
S. 188Power of Chairperson to execute work after giving notice to the person liable.
S. 189Power of Chairperson to affix shafts, etc., for ventilation of drain or cesspool.
S. 190Power of Chairperson to examine and test drains, etc., believed to be defective.
S. 191Bulk receipt of water and delivery of sewage by the Council.
S. 192Employment of Government agencies for repairs, etc.
S. 193Work to be done by licensed plumber.
S. 194Prohibition of certain acts.
S. 195Functions in relation to electricity supply.
S. 196Additional functions in relation to electricity supply.
S. 197Council to have powers and obligations of licensee under Act 9 of 1910.
S. 198Restriction on building and other acts interfering with the works of electric supply.
S. 199Power of Council to make arrangements with licensees.
S. 200Charges for supply of electricity.
S. 201Bulk receipt of electricity by the Council.
S. 202Vesting of public streets in the Council.
S. 203Functions of Chairperson in respect of public streets.
S. 204Disposal of land forming site of public streets permanently closed.
S. 205Power to make new public streets.
S. 206Minimum width of new public streets.
S. 207Power to prohibit or regulate use of public streets for certain kind of traffic.
S. 208Power to acquire lands and buildings for public streets and for public parking places.
S. 209Defining the regular line of streets.
S. 210Setting back building to regular line of street.
S. 211Compulsory setting back of building to regular line of street.
S. 212Acquisition of open land and land occupied by platform, etc., within the regular line of street.
S. 213Acquisition of the remaining part of a building and land after their portions within a regular line of street have been acquired.
S. 214Setting forward of buildings to the regular line of street.
S. 215Compensation to be paid in certain cases of setting back or setting forward of buildings, etc.
S. 216Owner's obligation when dealing with land as building sites.
S. 217Lay-out plans.
S. 218Alteration or demolition of street made in breach of section 217.
S. 219Power of Chairperson to order work to be carried out or to carry it out himself in default.
S. 220Right of owner to require streets to be declared public.
S. 221Prohibition of projections upon streets, etc.
S. 222Projections over streets may be permitted in certain cases.
S. 223Ground floor doors, etc., not to open outwards on streets.
S. 224Prohibition of structures or fixtures which cause obstruction in street.
S. 225Prohibition of deposit, etc., of things in streets.
S. 226Power to remove anything deposited or exposed for sale in contravention of this Act.
S. 227Prohibition of the tethering of animals and milking of cattle.
S. 228Precautions during repair of streets.
S. 229Streets not to be opened or broken up and building materials not to be deposited thereon without permission.
S. 230Disposal of things removed under this Chapter.
S. 231Naming and numbering of streets.
S. 232Chairperson to take steps for repairing or enclosing dangerous places.
S. 233Measures for lighting.
S. 234Prohibition of removal, etc., of lamps.
S. 235General superintendence, etc., of the Central Government.
S. 236Definition.
S. 237Prohibition of building without sanction.
S. 238Erection of building.
S. 239Applications for additions to, or repairs of, buildings.
S. 240Conditions of valid notice.
S. 241Sanction or refusal of building or work.
S. 242When building or work may be proceeded with.
S. 243Sanction accorded under misrepresentation.
S. 244Buildings at corners of streets.
S. 245Provisions as to buildings and works on either side of new streets.
S. 246Period for completion of building or work.
S. 247Order of demolition and stoppage of buildings or works in certain cases and appeal.
S. 248Order of stoppage of buildings or works in certain cases.
S. 249Power of Chairperson to require alteration of work.
S. 250Power to seal unauthorised constructions.
S. 251Completion certificates.
S. 252Restrictions on uses of buildings.
S. 253Appellate Tribunal.
S. 254Appeals against certain orders or notices issued under the Act.
S. 254AAppeals against penalties.
S. 255Procedure of the Appellate Tribunal.
S. 256Appeal against orders of Appellate Tribunal.
S. 257Bar of jurisdiction of courts.
S. 258Removal of dangerous buildings.
S. 259Power to order building to be vacated in certain circumstances.
S. 260Power of the Central Government to make bye-laws.
S. 261Provision for daily cleansing of streets and removal of rubbish and filth.
S. 262Rubbish, etc., to be the property of the Council.
S. 263Provision or appointment of receptacles, depots and places for rubbish, etc.
S. 264Duty of owners and occupiers to collect and deposit rubbish, etc.
S. 265Collection and removal of filth and polluted matter.
S. 266Removal of rubbish, etc., accumulated on premises used as factories, workshop, etc.
S. 267Prohibition against accumulation of rubbish, etc.
S. 268Prohibition in respect of air pollutant.
S. 269Chairperson's power to get premises scavenged and cleansed.
S. 270Public latrines, urinals, etc.
S. 271Construction of latrines and urinals.
S. 272Latrines and urinals, etc., in new buildings.
S. 273Latrines and urinals for labourers, etc.
S. 274Provision of latrines and urinals for markets, etc.
S. 275Other provisions as to private latrines.
S. 276Removal of congested buildings.
S. 277Power of Chairperson to require improvement of building unfit for human habitation.
S. 278Enforcement of notice requiring execution of works of improvement.
S. 279Power of Chairperson to order demolition of buildings unfit for human habitation.
S. 280Insanitary huts and sheds.
S. 281Prohibition against washing by washerman.
S. 282Obligation to give information of dangerous disease.
S. 283Removal to hospital of patients, suffering from dangerous disease.
S. 284Disinfection of buildings and articles.
S. 285Destruction of infectious huts or sheds.
S. 286Means of disinfection.
S. 287Special measures in case of outbreak of dangerous or epidemic diseases.
S. 288Infected clothes not to be sent to washerman or to laundry.
S. 289Contamination and disinfection of public conveyance.
S. 290Driver of conveyance not bound to carry persons suffering from dangerous disease.
S. 291Disinfection of buildings before letting the same.
S. 292Disposal of infected articles without disinfection.
S. 293Prohibition of making or selling of food, etc., or washing of clothes by infected persons.
S. 294Power to restrict or prohibit sale of food or drink.
S. 295Control over wells and tanks, etc.
S. 296Duty of persons suffering from dangerous disease.
S. 297Disposal of infectious corpses where any person has died from any dangerous disease.
S. 298Conditions of service of sweepers and certain other class of persons employed in municipal service.
S. 299Conditions of service of sweepers employed for doing house scavenging.
S. 300Power to call for information regarding burning and burial grounds.
S. 301Permission for use of new burning or burial ground.
S. 302Power to require closing of burning and burial grounds.
S. 303Removal of corpses.
S. 304Disposal of dead animals.
S. 305Appointment of Chief Registrar, etc.
S. 306Duties of registrar.
S. 307Information of births and deaths.
S. 308Prohibition of nuisances.
S. 309Power of Chairperson to require removal or abatement of nuisance.
S. 310Registration and control of dogs.
S. 311Stacking or collecting inflammable materials.
S. 312Care of naked lights.
S. 313Discharging fire works, fire-arms, etc.
S. 314Power to require buildings, wells, etc., to be rendered safe.
S. 315Enclosure of waste land used for improper purpose.
S. 316Provision of municipal market.
S. 317Use of municipal markets and slaughter house.
S. 318Private markets.
S. 319Conditions of grant of licence for private market.
S. 320Prohibition of keeping market open without licence, etc.
S. 321Prohibition of use of unlicensed markets.
S. 322Prohibition of business and trade near a market.
S. 323Levy of stallages, rents and fees.
S. 324Power to expel disturbers, etc., from markets.
S. 325Butcher's fish-monger's and poulter's licence.
S. 326Factory, etc., not to be established without permission of the Chairperson.
S. 327Premises not to be used for certain purposes without licence.
S. 328Seizure of certain animals.
S. 329Power of Chairperson to prevent use of premises in particular areas for purposes referred to in section 327.
S. 330Licences for hawking articles, etc.
S. 331Eating houses, etc., not to be used without licence from the Chairperson.
S. 332Licensing and control of theatres, circuses and places of public amusement.
S. 333Power of Chairperson to stop use of premises used in contravention of licences.
S. 334Improvement scheme.
S. 335Matters to be provided for in an improvement scheme.
S. 336Submission of improvement scheme to the Council for approval and to the Central Government for sanction.
S. 337Rehousing scheme.
S. 338Improvement scheme and rehousing scheme to comply with the master plan and zonal development plan.
S. 339Signature, conditions, duration, suspension, revocation, etc., of licences and written permissions.
S. 340Powers of entry and inspection.
S. 341Power to enter land adjoining land in relation to any work.
S. 342Breaking into building.
S. 343Time of making entry.
S. 344Consent ordinarily to be obtained.
S. 345Regard to be had to social or religious usages.
S. 346Prohibition of obstruction or molestation in execution of work.
S. 347Public notices how to be made known.
S. 348Newspapers in which advertisements or notices to be published.
S. 349Proof of consent, etc., of Chairperson.
S. 350Notices, etc., to fix reasonable time.
S. 351Signature on notices, etc., may be stamped.
S. 352Notices, etc., by whom to be served or issued.
S. 353Services of notices, etc.
S. 354Service of bills for tax or notice of demand by ordinary post.
S. 355Powers in case of non-compliance with notice, etc.
S. 356Liability of occupier to pay in default of owner.
S. 357Execution of work by occupier in default of owner and deduction of expenses from rent.
S. 358Relief to agents and trustees.
S. 359General power to compensation.
S. 360Compensation to be paid by offenders for damage caused by them.
S. 361Reference to the court of the district judge in certain cases.
S. 362Application to the court of the district judge in other cases.
S. 363Mode of recovery of certain dues.
S. 364Right of owner to apply to the court of the district judge in case of obstruction by occupier.
S. 365General powers and procedure of the court of the district judge.
S. 366Fees in proceedings before the court of the district judge.
S. 367Repayment of half fees on settlement before hearing.
S. 368Power of the court of the district judge to delegate certain powers and to make rules.
S. 369Punishment for certain offences.
S. 370General penalty.
S. 371Offences by companies.
S. 372Certain offences to be cognizable.
S. 373Prosecutions.
S. 374Composition of offences.
S. 375Municipal magistrates.
S. 376Cognizance of offences.
S. 377Limitation of time for prosecution.
S. 378Power of magistrate to hear cases in absence of accused when summoned to appear.
S. 379Complaints concerning nuisances.
S. 380Procedure to be followed by magistrate regarding complaints concerning nuisances.
S. 381Arrest of offenders.
S. 382Duties of police officers.
S. 383Power to institute, etc., legal proceedings and obtain legal advice.
S. 384Protection of action of the Council, etc.
S. 385Notice to be given of suits.
S. 386Supplemental provisions respecting rules.
S. 387Supplemental provisions respecting regulations.
S. 388Power to make bye-laws.
S. 389Regulations and bye-laws to be laid before Parliament.
S. 390Penalty for breaches of bye-laws.
S. 391Supplemental provisions respecting bye-laws.
S. 392Bye-laws to be available for inspection and purchase.
S. 393Government to require production of documents.
S. 394Inspection.
S. 395Directions by Central Government.
S. 396Power to provide for enforcement of direction under section 395.
S. 397Power of Central Government to give directions in relation to primary schools, etc.
S. 398Dissolution of the Council.
S. 399Delegation of power by the Central Government.
S. 400Power to delegate functions of Chairperson.
S. 401Validity of notices and other documents.
S. 402Admissibility of document or entry as evidence.
S. 403Evidence of Municipal officer or employee.
S. 404Prohibition against obstruction of any municipal authority.
S. 405Prohibition against removal of mark.
S. 406Prohibition against removal or obliteration of notice.
S. 407Prohibition against unauthorised dealings with public place or materials.
S. 408Liability of Chairperson, etc., for loss, waste or misapplication of New Delhi Municipal Fund or property.
S. 409Members and municipal officers and employees to be public servants.
S. 410Annual administration report.
S. 411Other laws not to be disregarded.
S. 412Exemption of diplomatic or consular missions from payment of tax, etc.
S. 413Construction of references.
S. 414Council to undertake work on agency basis.
S. 415Power to remove difficulties.
S. 416Repeal and savings.
S. 417Expenditure in connection with the Council from the commencement of this Act to the adoption of the budget by the Council.
S. 418Transitory provision.
S. 419Repeal of Ordinance 8 of 1994.