NEW DELHI MUNICIPAL COUNCIL ACT 1994
(1) This Act may be called the New Delhi Municipal Council Act, 1994.
(2) It extends to New Delhi.
(3) It shall be deemed to have come into force on the 25th day of May, 1994.
In this Act, unless the context otherwise requires,
(1)"Administrator" means the Administrator of the National Capital Territory of Delhi;
(2)"Appellate Tribunal" means an Appellate Tribunal constituted under section 253;
(3)"budget-grant" means the total sum entered on the expenditure side of a budget estimate under a major head and adopted by the Council and includes any sum by which such budget-grant may be increased or reduced by transfer from or to other heads in accordance with the provisions of this Act and the regulations made there under;
(4)"building" mean a house, out-house, stable, latrine, urinal, shed, hut, wall (other than a boundary wall) or any other structure, whether of masonry, bricks, wood, mud, metal or other material but does
(1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be a Council charged with the municipal Government of New Delhi, to be known as the New Delhi Municipal Council.
(2) The Council shall be a body corporate with the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and may by the said name sue and be sued.
(1) The Council shall consist of the following members, namely:--
(a) a Chairperson, from amongst the officers, of the Central Government or the Government, of or above the rank of joint Secretary to the Government of India to be appointed by the Central Government in consultation with the Chief Minister of Delhi;
(b) three members of Legislative Assembly of Delhi representing constituencies which comprise wholly or partly the New Delhi area;
(c) five members from amongst the officers of the Central Government or the Government or their undertakings, to be nominated by the Central Government; and
(d) two members to be nominated by the Central Government in consultation with the Chief Minister of Delhi to represent from amongst lawyers, doctors, char
(1) The Council, unless sooner dissolved under section 398 or any other law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer.
(2) The Council--
(a) where it is dissolved before the expiry of its duration under subsection (1), shall be reconstituted within a period of six months of such dissolution; and
(b) where it is dissolved after the expiry of its duration, shall be reconstituted before such expiry.
(1) No person, other than a member of the Legislative Assembly of the National Capital Territory of Delhi, shall be disqualified for being nominated as a member of the Council on the ground that he holds an office of profit for purposes of election to the legislature of the National Capital Territory of Delhi under any law for the time being in force.
(2) If a person sits or votes as a member of the Council when he knows that he is not qualified or that he is disqualified for such membership, he shall be liable in respect of each day on which he so sits or votes to a penalty of three hundred rupees to be recovered as an arrear of tax under this Act.
(1) Every member before taking his seat shall make and subscribe at a meeting of the Council an oath or affirmation according to the following form, namely:--
"I, A.B., having been nominated as a member of Council do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will faithfully discharge the duty upon which I am about to enter."
(2) If a person sits or votes as a member before he has complied with the requirements of sub-section (1), he shall be liable in respect of each day on which he sits or votes as the case may be, to a penalty of three hundred rupees to be recovered as arrears of tax under this Act.
(1) If a member resigns his seat by writing under his hand addressed to the Chairperson and delivered to him, his seat shall thereupon become vacant.
(2) If during three successive months, a member is without permission of the Council, absent from all the meetings thereof, the Council may recommend to the Central Government at the seat of such member may be declared vacant.
Committees of the Council
(1) The Council may constitute as many committees as it thinks fit for the exercise of any power or discharge of any function which the Council may by resolution delegate to them or for inquiring into, reporting or advising upon any matter which the Council may refer to them.
(2) Any such committee shall consist of members of the Council only;
Provided that a committee may, with the sanction of the Council, co-opt not more than two persons who are not members of the Council, but who in the opinion of the Council possesses special qualifications for serving on such committee.
(3) Each committee constituted under this section shall be presided by the Chairperson of the Council.
(4)
(1) Subject to the provisions of this Act and the rules, regulations and bye-law made thereunder the Municipal Government of New Delhi shall vest in the Council.
(2) Without prejudice to the generality of the provisions of sub-section (1), it shall be the duty of the Council to consider all periodical statements of the receipts and disbursements and all progress reports and pass such resolutions thereon as it thinks fit.
(3) The Council may at any time require the Chairperson--
(a) to produce any record, correspondence, plan or other document which is in his possession or under his control as Chairperson or which is recorded or filed in his office or in the office of any municipal officer or other municipal employee subordinate to him;
(b) to furnis
Subject to the provisions of this Act and any other law for the time being in force, it shall be incumbent on the Council to make adequate provisions by any means or measures which it may lawfully use or take, for each of the following matters, namely:--
(a) the construction, maintenance and cleansing of drains and drainage works and of public latrines, urinals and similar conveniences;
(b) the construction and maintenance of works and means for providing supply of water for public and private purposes;
(c) the scavenging, removal and disposal of filth, rubbish and other obnoxious or polluted matters;
(d) the construction or purchase, maintenance, extension, management for--
(i) supply and distribution of
Subject to any general or special order of the Government, or the Central Government from time to time, the Council may provide either wholly or in part for all or any of the following matters, namely;--
(a) the furtherance of education including cultural and physical education, by measures other than the establishment and maintenance of, and aid to, schools for primary education;
(b) the establishment and maintenace of, and aid to, libraries, museums, art galleries, botanical or zoological collections;
(c) the establishment and maintenance of, and aid to, stadia, gymnasia, akharas and places for sports and games;
(d) the planting and care of trees on road sides and elsewhere;
(e) the surveys of buildings
(1) The Central Government shall, by notification in the Official Gazette, appoint a suitable person as the Chairperson of the Council in accordance with clause (a) of sub-section (1) of section 4.
(2) The Chairperson so appointed shall hold office for a term of five years in the first instance.
Provided that his appointment may be renewed from time to time for a term not exceeding one year at a time.
Provided further that where the Chairperson holds a lien on any service under the Central Government or the Government, the Central Government may at any time after reasonable notice to the Council replace his services at the disposal of the concerned Government;
(3) The Central Government may remove the Chairperson from office at any time if it appear
(1) Leave may be granted to the Chairperson by the Administrator.
(2) Whenever such leave is granted to the Chairperson, the Central Government shall appoint another person to officiate as Chairperson in his place.
If any vacancy occurs in the office of Chairperson on account of death, resignation or removal, the Central Government shall appoint another person to officiate as Chairperson in his place for a term not exceeding two months, pending the appointment of a Chairperson under section 13.
(1) The Chairperson shall be paid out of the New Delhi Municipal Fund constituted under section 44 such monthly salary and such monthly allowances, if any, as may from time to time be fixed by the Central Government and may be given such facilities, if any, in relation to residential accommodation, conveyance and the like as may from time to time be fixed by that Government.
Provided that the salary of the Chairperson shall not be varied to his disadvantage after his appointment.
(2) The members shall be entitled to receive allowances for attendance at meeting of Council and of any of its committees at such rates as may be determined by rules made in this behalf.
If a member is an officer in the service of the Government, or the Central Government, the Council shall make such contribution towards his leave allowances, pension and provident fund as may be required by the conditions of his service under the Government or the Central Government to be paid by him or for him, as the case may be.
Save as otherwise provided in this Act the entire executive power for the purpose of carrying out the provisions of this Act and of any other Act, for the time being in force which confers, any power or imposes any duty on the Council, shall vest in the Chairperson who shall also--
(a) exercise all the powers and perform all the duties specifically conferred or imposed upon him by this Act or by any other law for the time being in force;
(b) prescribe the duties of and exercise supervision and control over the acts and proceedings of, all municipal officers and other municipal employees and subject to any regulation that may be made in this behalf, dispose of all questions relating to the service of the said officers and other employees and their pay, privileges, allowances and other conditions of service;
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(1) A person shall be disqualified for being appointed as the Chairperson who has directly or indirectly, by himself or by a partner or any other person, any share or interest in any contract made with, or any work being done for, the Council other than as such Chairperson.
(2) If the Chairperson acquires directly or indirectly, by himself or by his partner, or any other person, any share or interest in any such contract or work as is referred to in sub-section (1), he shall, unless the Central Government in any particular case otherwise decides, be liable to be removed from his office by the order of the authority competent to remove him under the provisions of this Act.
Save as otherwise provided in this Act, the exercise of any power or the performance of any duty conferred or imposed upon the Council by or under this Act which will involve expenditure, shall be subject to the following conditions, namely:--
(a) that such expenditure, in so far as it is to be incurred in the year in which such power is exercised or duty performed shall be provided for under a current budget-grant; and
(1) The Council shall ordinarily hold at least one meeting in every month for the transaction of business.
(2) The Chairperson and in his absence the Vice Chairperson may, whenever he thinks fit, and shall, upon a requisition in writing by not less than one-forth of the total number of members, convene a special meeting of the Council.
The first meeting of the Council shall be held as early as possible and shall be convened by the Administrator.
A list of the business to be transacted at every meeting except at an adjourned meeting shall be sent to the address of each member at least seventy-two hours before the time fixed for such meeting; and no business shall, except where the Chairperson otherwise directs, be brought before, or transacted at, in any meeting other than the business of which a notice has been so given.
Provided that any member may send or deliver to the Secretary notice of any resolution going beyond the matters mentioned in the notice given of such meeting so as to reach him at least forty-eight hours before the date fixed for the meeting and the Secretary shall, with all possible despatch, take steps to circulate such resolution to every member in such manner as he may think fit
(1) The quorum necessary for the transaction of business at a meeting of the council shall be prescribed by the Central Government.
(2) If at any time during a meeting of the Council, there is no quorum, it shall be the duty of the Chairperson or the person presiding over such meting either to adjourn the meeting or to suspend the meeting until there is a quorum.
(3) Where a meeting has been adjourned under sub-section (2), the business which would have been brought before the original meeting if there had been a quorum present there at, shall be brought before, and may be transacted at an adjourned meeting, whether there is a quorum present or not.
(1) The Chairperson or in his absence, the Vice-Chairperson, or in the absence of both, such other member present as is decided by the Council shall preside at every meeting of the Council.
(2) The Chairperson or the person presiding over a meeting shall have and exercise a second or a casting vote in all cases of equality of votes.
(1) Save as otherwise provided in this Act, all matters required to be decided by the Council shall be decided by the majority of the votes of the members present and voting.
(2) The voting shall be by show of hands, but the Council may, subject to such regulations as may be made by it, resolve that any question or class of question shall be decided by ballot.
No member shall vote at a meeting of the Council or of any Committee thereof on any question relating to his own conduct or vote or take part in any discussion on any matter (other than a matter affecting generally the residents of New Delhi) which affect his pecuniary, interest or any property in respect of which he is directly or indirectly interested, or any property of or for which he 'is a manager or agent.
(1) Any municipal officer authorised by the Chairperson in this behalf may attend, speak in, or otherwise take part in the proceedings of, any meeting of the Council or any of its Committees, but none of the persons specified herein shall by virtue of this sub-section be entitled to vote in any such meeting.
(2) A member may, subject to the provisions of sub-section (3), ask the Chairperson questions on any matter relating to the Municipal Government of New Delhi or the administration of this Act in any meeting of the Council.
(3) The right to ask a question shall be governed by the following conditions, namely:--
(a) not less than seven clear days' notice in writing specifying the question shall be given to the Secretary;
(b) no question shall--
Minutes in which shall be recorded the names of the members presents at, and the proceedings of each meeting of the Council, and every other committee constituted under subsection (1) of section 9 shall be drawn up and recorded in a book to be kept for that purpose, and shall be laid before the next ensuing meeting of the Council, or of such committee, as the case may be, and signed at such meeting by the presiding officer thereof.
(1) Minutes of the proceedings of each meeting of the Council shall be circulated to all the members and shall at reasonable times be available at the municipal office for inspection by any other person or payment of a fee of two rupees.
(2) Full reports, if any, of such proceedings shall similarly be available for inspection, by any member without charge and by any other person on payment of a fee of two rupees.
(1) The Secretary shall forward to the Administrator a copy of the minutes of the proceedings of each meeting of the Council, within ten days from the date on which the minutes of the proceedings of such meeting were signed under section 29.
(2) The Administrator may also in any case ask for a copy of any paper or all the papers which were laid before the Council or any committee thereof and the Secretary shall forward to the Administrator a copy of such paper or papers.
(3) The Secretary shall also forward to the Administrator as soon as may be after the date referred to in sub-section (1) a full report of the proceedings of each meeting of the Council, if any such report be prepared.
(1) No act done or proceedings taken under this Act shall be questioned on the ground merely of--
(a) the seat of any member remaining unfilled from any cause whatsoever;
(b) the existence of any vacancy in, or any defect in the constitution of, the Council or in any committee thereof;
(c) any member having voted or taken part in any proceedings in contravention of section 27;
(d) any defect or irregularity not affecting the merits of the case.
(2) Every meeting of the Council or of any committee thereof, the minutes of the proceeding of which have been duly drawn up and signed shall be deemed to have been duly convened and to be free from all defects and irregularities.
(1) The Council shall appoint suitable persons to be, the Secretary and Chief Auditor of the Council, and such other officer or officers as the Council may deem fit on such monthly salaries and such allowances, if any, as may be fixed by the Council.
Provided that the Chief Auditor shall not be eligible for any other office under the Council after he has ceased to hold this office.
(2) The appointment of the Secretary and the Chief Auditor shall be made with the previous approval of the Administrator.
(1) The Chairperson shall from time to time prepare and lay before the Council a Schedule of category 'A' And category 'B' posts other than the posts of Secretary and Chief Auditor specified in section 33, setting forth the designations and grades of municipal officers and other municipal employees who should be maintained permanently in the service of the Council indicating therein the salaries, fees and allowances which are proposed, to be paid to such officers and other employees.
(2) The Council shall approve and sanction the Schedule either without modifications or with such modifications as it thinks fit or may amend it either on its own motion or otherwise.
(3) The Chairperson may create any category 'B', or category 'C', or Category 'D' post and for a period not exceeding six months any category 'A' post.
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No permanent officer or other employee shall be entertained in any department of the municipal administration unless he has been appointed under sub-section (1) of section 33 or his office and emoluments are included in the Schedule for the time being in force prepared and sanctioned under section 34 or is appointed against a permanent post under section 36.
(1) Subject to the provisions of section 33, the power of appointing municipal officers and other municipal employees, whether temporary or permanent,--
(a) to category 'A', category 'B' and category 'C' posts, shall vest in the Chairperson; and
(b) to category 'D' posts shall vest in the Secretary.
(2) The claims of the members of the Scheduled Castes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments of municipal officers and other municipal employees.
No municipal officer or other municipal employee shall undertake any work unconnected with his duties under this Act except with the permission of the Chairperson.
(1) A person shall be disqualified for being appointed as a municipal officer or employee if he has, directly or indirectly, by himself or by a partner or any other person any share or interest in any contract made with, or any work being done for, the Council other than as such officer or employee.
(2) If any such officer or other employee acquires, directly or indirectly, by himself or by a partner or any other person, any share or interest in any such contract or work as is referred to in sub-section (1), he shall unless the authority appointing him in any particular case otherwise decides, be liable to be removed from his office by an order, of such authority.
Provided that before an order of removal is made, such officer or other employee shall be given a reasonable opportunity of showing cause against the action proposed to be take
(1) Every municipal officer or other municipal employee shall be liable to have his increments or promotion withheld or to be censured, reduced in rank, compulsorily retired, removed or dismissed for any breach of any departmental regulations or of discipline or for carelessness, unfitness, neglect of duty or other misconduct by such authority as may be prescribed by regulation.
Provided that no such officer or other employee as aforesaid shall be reduced in rank, compulsorily retired, removed or dismissed by an authority subordinate to that by which he was appointed.
Provided further that the Council may by regulations provide that municipal employees belonging to such classes or categories as may be specified in the regulations shall be liable also to be fined by such authority as may be specified therein.
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No appointment to any category A post within the meaning of clause (i) of subsection (4) of section 34 shall be made except after consultation with the Commission.
Provided that no such consultation with the Commission shall be necessary in regard to the selection for appointment--
(a) to any acting or temporary post for a period not exceeding one year; or
(b) to such ministerial posts as may from time to time be specified by the Council in consultation with the Commission when such posts are to be filled by promotion; or
(c) to a post when at the time of such appointment the person to be appointed thereto is in the service of the Central Government or a State Government in a Group A post;
(d) to a perman
(1) The Commission may make regulations for the following matters, namely:--
(a) the procedure to be followed by the Commission in advertising posts, inviting applications, scrutinizing the same and selecting candidates for interview;
(b) the procedure to be followed by the Commission for selecting candidates for appointment and by the Council for consultation with the Commission;
(c) any other matter which is incidental to, or necessary for, the purpose of consultation with the Commission.
(2) In the case of any difference of opinion between the Commission and the Council on any matter, the Council shall refer the matter to the Central Government and the decision of that Government thereon shall be final.
The direct recruitment to category B and category C posts may be made by the Government through such agencies as may be prescribed for it.
(1) The Council may make regulations to provide for any one or more of the following matters, namely:--
(a) the tenure of office, salaries and allowances, provident funds, pensions, gratuities leave of absence and other conditions of service of officers and other employees appointed under this Chapter;
(b) the powers, duties and functions of Secretary;
(c) the qualifications of candidates for appointment to posts specified in section 33 and to posts dealt with in the Schedule of posts referred to in sub-section (1) of section 34 and the manner of selection for appointments to such posts;
(d) the procedure to be followed in imposing any penalty under subsection (1) of section 39, suspension pending departmental inquiries before the imposition of such
(1) Save as otherwise provided in this Act--
(a) all funds which immediately before the establishment of the Council vested in the New Delhi Municipal Committee;
(b) all moneys received by or on behalf of the Council under the provisions of this Act or of any other law for the time being in force, or under any contract;
(c) all proceeds of the disposal of property by, or on behalf of, the Council;
(d) all rents accruing from any property of the Council;
(e) all moneys raised by any tax, rate or cess levied for the purposes of this Act;
(f) all fees collected and all fines levied under this Act or under any rule, regulation or bye-law -made thereunder;
All moneys payable to the credit of the New Delhi Municipal Fund in the General Account shall be received by the Chairperson and shall be forthwith paid into the State Bank of India to the credit of the said Account which shall be entitled "The General Account of the New Delhi Municipal Fund"
(1) Save as otherwise provided in this Act no payment shall be made by the State Bank of India out of the New Delhi Municipal Fund except on a cheque signed by both--
(a) the Financial Advisor or an officer subordinate to him authorised by the Chairperson in this behalf; and
(b) the Chairperson or the Secretary or an officer subordinate to the Chairperson authorised by him in this behalf.
(2) Payment of any sum due by the Council in excess of five hundred rupees shall be made by means of a cheque signed in accordance with subsection (1) and not in any other way.
(3) Payments not covered by sub-section (2) may be made in cash.
No payment of any sum out of the New Delhi Municipal Fund shall be made unless the expenditure of the same is covered by a current budget-grant and a sufficient balance of such budget-grant is still available notwithstanding any reduction or transfer thereof which may have been made under the provisions of this Act.
Provided that this section shall not apply to payments made in the following classes of cases, namely:--
(a) refund of taxes and other moneys which are authorised under this Act;
(b) repayment of moneys belonging to contractors or other persons and held in deposit and of moneys collected or credited to the New Delhi Municipal Fund by mistake;
(c) sums payable in any of the following circumstances--
Before any person signs a cheque in accordance with section 46, he shall satisfy himself that the sum for which the cheque is drawn is either--
(a) required for a purpose or work specifically sanctioned by the proper authority and covered by a current budget-grant, or
(b) required for any payment referred to or specified in section 47.
Whenever any sum is expended under clauses (c), (e) or (f) of the proviso to section 47, the Chairperson shall forthwith communicate the circumstances to the Council, which may take such action under the provisions of this Act as shall, in the circumstances appear possible and expedient for covering the amount of the additional expenditure.
(1) The moneys from time to time credited to the New Delhi Municipal Fund shall be applied in payment of all sums, charges and costs necessary for carrying out the provisions of this Act, and of the rules, regulations and bye-laws made thereunder, or of which payment is duly directed, sanctioned or required by or under any of the provisions of this Act.
(2) Such moneys shall likewise be applied in payment of all sums payable out of the New Delhi Municipal Fund under any other enactment for the time being in force.
(1) On the written requisition of a Secretary to the Central Government, the Chairperson may at any time undertake the execution of any work certified by such Secretary to be urgently required in public interest, and for this purpose may temporarily make payments from the New Delhi Municipal Fund so far as the same can be met without unduly interfering with the regular work of the Council.
(2) The cost of work so executed and of the establishment engaged in executing the same shall be paid by the Central Government and credited to the New Delhi Municipal Fund.
(3) On the receipt of any requisition under sub-section (1) the Chairperson shall forthwith forward a copy thereof to the Council together with a report of the steps taken by him in pursuance of the same.
(1) Surplus money standing at the credit of General Account of the New Delhi Municipal Fund which cannot immediately be applied for the purposes specified in section 50 shall be deposited in the State Bank of India or in such scheduled bank or banks as the Council may select or be invested in public securities.
(2) The loss, if any, arising from such deposit or investment shall be debited to the General Account of the New Delhi Municipal Fund.
(1) After the commencement of this Act the Finance Commission referred to in sub-section (1) of section 107A of the Delhi Municipal Corporation Act, 1957, (66 of 1957) shall review the financial position of the Council and make recommendations to the Administrator as to,--
(a) the principles which should govern,--
(i) the distribution between the National 'Capital Territory of Delhi and the Council of the net proceeds of the taxes, duties, tolls and fees leviable by the National Capital Territory of Delhi which may be divided between them;
(ii) the determination of the taxes, duties, tolls and fees which may be assigned to or appropriated by, the Council;
(iii) the grants-in-aid to the Council from the Consolidated Fund of the National Capital Terri
Special Fund
(1) The Council shall constitute such special fund or funds as may be prescribed by regulations and such other funds necessary for the purposes of this Act as may be so prescribed.
(2) The constitution and disposal of such funds shall be effected in the manner laid down by regulations.
(1) The Council shall, on or before the 31st day of March of every year, adopt for the ensuing year the budget estimate which shall be an estimate of the income and expenditure of the Council to be received and incurred on account of the Municipal Government of New Delhi.
(2) On or before the 15th day of February of each year the Council shall determine the rates at which various municipal taxes, rates and cesses shall be levied in the next following year and save as otherwise provided in this Act the rates so fixed shall not be subsequently altered for the year for which they have been fixed.
(3) Budget estimates shall be prepared in such form as may be approved by the Council and presented and adopted in such manner and shall provide for all such masters as are prescribed by regulations made in this behalf.
(1) On the recommendation of the Chairperson in respect of the budget estimate, the Council may from time to time, during the vear,
(i) increase the amount of budget grant under any head;
(ii) make additional budget grant for the purpose of meeting any special or unforeseen requirement arising during the said year;
(iii) transfer the amount or portion of the amount of the budget grant under any head to any other head; or
(iv) reduce the amount of the budget grant under any head.
Provided that due regard shall be had to all the requirements of this Act and in making any increase or any additional budget-grant, the estimated cash balance at the close of the year shall not be reduced below the sum of one lak
(1) If at any time during the year it appears to the Council that, notwithstanding any reduction of budget grant that has been made under section 56 the income of the New Delhi Municipal Fund during the same year will not suffice to meet the expenditure sanctioned in the budget estimates of that year and to leave at the close of the year the cash balance specified in or determined under the proviso to sub-section (1) of section 56, then, it shall be incumbent on the Council to sanction forthwith any measures which it may consider necessary for adjusting the year's income to the expenditure.
(2) For the purposes of sub-section (1), the Council may either diminish the sanctioned expenditure of the year so far as it may be possible so to do with regard to all the requirements of this Act, or have recourse to supplementary taxation under section 97 or to an increase of the rates of ces
These shall be kept in such manner and in such form as may be prescribed by regulations the General Account of all receipts and expenditures of the Council.
(1) The Chief Auditor shall conduct a monthly examination and audit of the accounts of the Council and shall report thereon to the Chairperson, who shall publish monthly an abstract of the receipts and expenditure of the month last proceeding signed by him and by the Chief Auditor.
(2) The Chairperson may also, from time to time and for such period, as he may think fit, conduct independently any examination and audit of the accounts of the Council.
(3) For the purpose of examination and audit of the accounts of the Council, the Chief Auditor shall have access to all the accounts of the Council and to all records and correspondence relating thereto.
(4) The Chief Auditor shall audit the accounts of the Council with the assistance of the officers and other employees subordinate to him.
Levy of taxes
(1) The Council shall for the purposes of this Act, levy the following taxes, namely:--
(a) property tax;
(b) a tax on vehicles and animals;
(c) a theatre-tax;
(d) a tax on advertisements other than advertisements published in the newspapers;
(e) a duty on the transfer of property; and
(f) a tax on buildings payable along with the application for sanction of the building plan.
(2) In addition to the taxes specified in sub-section (1) the Council may, for the purposes of this Act; levy any of the following taxes, namely:--
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(1) Save as otherwise provided in this Act, the property tax shall be levied on lands and buildings in New Delhi and shall consist of not less than ten and not more than thirty per cent of the rateable value of lands and buildings.
Provided that the Council may, when fixing the rate at which the property tax shall be levied during any year, determine that the rate leviable in respect of lands and buildings or portions of lands and buildings in which any particular class of trade or business is carried on shall be higher than the rate determined in respect of other lands and buildings or portions of other lands and buildings by an amount not exceeding one-half of the rate so fixed.
Provided further that the tax may be levied on graduated scale, if the Council so determines.
Explanation-- Where
(1) Save as otherwise provided in this Act, the property tax shall be levied in respect of all lands and buildings in New Delhi except--
(a) lands and buildings or portions of lands and buildings exclusively occupied and used for public worship or by a society or body for a charitable purpose.
Provided that such society or body is supported wholly or in part by voluntary contributions, applies its profits, if any, or other income in promoting its objects and does not pay any dividend or bonus to its members.
Explanation-- "Charitable purpose" includes relief of the poor, education and medical relief but does not include a purpose which relates exclusively to religious teaching.
(b) lands and buildings vested in the Council, in respect of which the s
(1) The rateable value of any lands or building assessable to any property taxes shall be the annual rent at which such land or building might reasonable be expected to Jet from year to year less a sum equal to ten per cent of the said annual rent which shall be in lieu of all allowances for costs of repairs and insurance, and other expenses, if any, necessary to maintain the land or building in a state to command that rent.
Provided that in respect of any land or building the standard rent of which has been fixed under the Delhi Rent Control Act, 1958 (59 of 1958) the rateable value thereof shall not exceed the annual amount of the standard rent so fixed.
(2) The rateable value of any land which is not built upon but is capable of being built upon and of any land on which a building is in process of erection shall be fixed at five per c
(1) A Charge shall be levied for the water supplied to any land or building by measurement at such rate as shall from time to time be prescribed by the Council in this behalf.
(2) The Council may prescribe such conditions as it may think fit regarding the use of the water and regarding the charges to be paid for water consumed whilst a meter is out of order or under repair.
Provided that no condition prescribed under this sub-section shall be inconsistent with this Act or with any bye-law made thereunder.
(3) Any sum payable by a person, who is charged for water supplied, and not paid when it becomes due shall be recoverable as an arrear of tax under this Act.
(4) In prescribing charges for water supplied by measurement under subsection (1), it shal
(1) Notwithstanding anything contained in the foregoing provisions of this Chapter, lands and buildings being properties of the Union shall be exempt from the property tax specified in section 61.
Provided that nothing in this sub-section shall prevent the Council from levying property tax on such lands and buildings to which immediately before the 26th January, 1950, they were liable or treated as liable, so long as that tax continues to be levied by the Council on other lands and buildings.
(2) Where the possession of any land or building, being property of the Union, has been delivered in pursuance of section 20 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (44 of 1954) to a displaced person, or any association of displaced persons, whether incorporated or not, or to any other person [hereafter in this sub-secti
(1) The property tax shall be primarily leviable as follows;--
(a) if the land or building is let, upon the lessor;
(b) if the land or building is sub-let, upon the superior lessor;
(c) if the land or building is unlet, upon the person in whom the right to let the same vests:
Provided that the property tax in respect of land and building, being property of the Union, possession of which has been delivered in pursuance of section 20 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (44 of 1954) shall be primarily leviable upon the transferee.
(2) If any land has been let for a term exceeding one year to a tenant and such tenant has built upon the land, the property tax assessed in respe
(1) If any land or building assessed to property tax is let, and its rateable value exceeds the amount of rent payable in respect thereof to the person upon whom under the provision of section 66 the said tax is leviable, that person shall be entitled to receive from his tenant the difference between the amount of the property tax levied upon him and the amount which would be leviable upon him if the said tax was calculated on the amount of rent payable to him.
(2) If the land or building is sub-let and its rateable value exceeds the amount of rent payable in respect thereof to the tenant by his sub-tenant, or the amount or rent payable in respect thereof to a sub-tenant by the person holding under the sub-tenant, the tenant shall be entitled to receive from his sub-tenant or the sub-tenant, shall be entitled to receive from the person holding under him, as the case may be, the dif
(1) On the failure to recover any sum due on account of property tax in respect of any land or building from the person primarily liable therefor under section 66, the Chairperson shall recover from every occupier of such land or building by attachment, in accordance with section 108 of the rent payable by such occupier, a portion of the total sum due which bears, as nearly as may be, the same proportion to that sum as the rent annually payable by such occupier bears to the total amount of rent annually payable in respect of the whole of the land or building.
(2) An occupier from whom any sum is recovered under sub-section (1) shall be entitled to be reimbursed by the person primarily liable for the payment, and may in addition to having recourse to other remedies that may be open to him, deduct the amount so recovered from the amount of any rent from time to time becoming due from
Property tax due under this Act in respect of any land or building shall, subject to the prior payment of the land revenue, if any, due to the Council or Government or Central Government thereon, be a first charge--
(a) in the case of any land or building held immediately from the Council or Government or Central Government, upon the interest in such land or building of the person liable for such tax and upon the goods and other movable properties, if any, found within or upon such land or building and belonging to such person; and
(b) in the case of any other land or building, upon such land or building and upon the goods and other movable properties, if any, found within or upon such land or building and belonging to the person liable for such tax.
Explanation-- The term "property tax" in th
(1) Save as otherwise provided in this Act, the Council shall cause an assessment list of all lands and buildings in New Delhi to be prepared in such form and manner and containing such particulars with respect to each land and building as may be prescribed by bye-laws.
(2) When the assessment list has been prepared the Chairperson shall give public notice thereof and of the place where the list or a copy thereof may be inspected, and every person claiming to the owner, lessee or occupier of any land or building included in the list and any authorised agent of such person, shall be at liberty to inspect the list and to take extracts therefrom free of charge.
(3) The Chairperson shall, at the same time, give public notice of a date, not less than one month thereafter, when he will proceed to consider the rateable values of lands and build
Subject to such alterations as many thereafter be made in the assessment list under section 72 and to the result of only appeal made under the provisions of this Act, the entires in the assessment list authenticated and deposited as provided in section 70 shall be accepted as conclusive evidence for the purpose of assessing any tax levied under this Act, of the rateable value of ail lands and buildings to which such entries respectively relate.
(1) The Chairperson may, at any time, amend the assessment list--
(a) by inserting therein the name of any person whose name ought to be inserted; or
(b) by inserting therein any land or building previously omitted; or
(c) by striking out the name of any person not liable for the payment of property tax; or
(d) by increasing or reducing for adequate reasons the amount of any rateable value and of the assessment thereupon; or
(e) by making or canceling any entry exempting any land or building from liability to property tax; or
(f) by altering the assessment on the land or building which has been erroneously value or assessed through fraud, mistake or accident; o
It shall be in the discretion of the Chairperson to prepare for the whole or any part of New Delhi, a new assessment list every year or to adopt the rateable value contained in the list for any year, with such alterations as may in particular cases be deemed necessary, as the rateable value for the year following, giving the same public notice as well as individual notices, to persons affected by such alterations, of the rateable value as if a new assessment list had been prepared.
(1) Whenever the title of any person primarily liable for the payment of property tax on any land or building is transferred, the person whose title is transferred and the person to whom the same is transferred shall within three months after the execution of the instrument of transfer or after registration, if it is registered, or after the transfer is effected, if no instrument is executed, give notice of such transfer in writing to the Chairperson.
(2) In the event of the death of any person primarily liable as aforesaid, the person on whom the title of the deceased devolves, shall give notice of such devolution to the Chairperson within six months from the date of the death of the deceased.
(3) The notice to be given under this section shall be in such form as may be determined by bye-laws made under this Act, and the transferee or t
When any new building is erected or when any building is rebuilt or enlarged or when any building which has been vacant is reoccupied, the person primarily liable for the property tax assessed on the building shall give notice thereof in writing to the Chairperson within fifteen days from the date of its completion or occupation whichever first occurs, or as the case may be, from the date of its enlargement or re-occupation; and property tax shall be assessable on the building from the said date.
(1) When any building or any portion of a building, which is liable to the payment of property tax is demolished or removed, otherwise than by order of the Chairperson, the person primarily liable for the payment of the said tax shall give notice thereof in writing to the Chairperson.
(2) Until such notice is given, the person aforesaid shall continue to be liable to the payment of such property tax as he would have been liable to pay in respect of such building if the same or any portion thereof had not been demolished or removed.
(1) To enable him to determine the rateable value of any land or building and the person primarily liable for the payment of property tax leviable in respect thereof, the Chairperson may require the owner or occupier of such land or building, or of any portion thereof to furnish him within such reasonable period as the Chairperson fixes in this behalf, with information or with a written return signed by such owner or occupier--
(a) as to the name and place of residence of the owner or occupier, or of both the owner and occupier of such land or buildings;
(b) as to the measurements or dimensions of such land or building or of any portion thereof and the rent, if any, obtained for such land or building or any portion thereof; and
(c) as to the actual cost or other specified details connected wit
Notwithstanding that any land or building is owned by, or let to, two or more persons in severally, the Chairperson shall for the purpose of assessing such land or building to property tax treat the whole of it as one property.
Provided that the Chairperson may, in respect of any land or building which was originally treated as one property but which subsequently passes on by transfer, succession or in any other manner to two or more persons who divide the same into several parts and occupy them in severally, treat, subject to any bye-law made in this behalf, each such several part, or two or more of such several parts together, as a separate property and assess such part or parts to property tax accordingly.
If any land or building, bearing two or more municipal numbers, or portions thereof, be amalgamated into one or more new premises, the Chairperson shall on such amalgamation assign to them one or more number and assess them to property tax accordingly.
Provided that the total assessment on amalgamation shall not be greater than the sum of the previous assessments of the several premises except when there is any re-valuation of any of the said premises.
The Chairperson may in his discretion assess any outhouse appurtenant to a building, or any portion of a land or building separately from such building or as the case may be, from the rest of such land or building.
(1) The Chairperson may, if he thinks fit, employ one or more competent persons to give advice or assistance in connection with the valuation of any land or building, and any person so employed shall have power, at all reasonable times and after giving due notice, and on production, if so required, of authorisation in writing in that behalf from the Chairperson, to enter on, survey and value any land or building which the Chairperson may direct him to survey and value.
(2) No person shall willfully delay or obstruct any such person in the exercise of any of his powers under this section.
Save as otherwise provided in this Act, a tax at the rates not exceeding those specified in the Second Schedule shall be levied on vehicles and animals of the descriptions specified in that Schedule which are kept within New Delhi.
The tax on vehicles or animals shall be leviable upon the owner of or the person having possession or control of, such vehicles or animals in respect of which the tax is leviable.
Provided that in the case of an animal generally used or employed in drawing any vehicle, the tax in respect of such animal shall be leviable upon the owner of or the person having possession or control of, such vehicle, whether or not such animal is owned by such owner or person.
Provided further that the tax under this section shall not be levied in respect of--
(a) vehicles and animals belonging to the Central Government or to the Government or to the Council used or intended to be used solely for public purposes;
(b) vehicles intended exclusively for the conveyance fre
The tax on vehicles or animals shall be payable in advance in such number of instalments and in such manner as may be determined by bye-laws made in this behalf.
The Chairperson may with the approval of the Council, compound for any period not exceeding one year at a time, with any livery stable keeper or other person keeping vehicles for hire or animals for sale or hire, for a lump sum to be paid in respect of the vehicles or animals so kept in lieu of the taxes leviable under section 82 which such livery stable keeper or other person would otherwise be liable to pay.
Save as otherwise provided in this Act, there shall be levied a tax (referred to in this Act as theatre-tax) in respect of every cinema, theatre, circus, carnival and other place of entertainment to which persons are ordinarily admitted on payment for performances or shows held or conducted thereat, at such rates not exceeding those specified in the Third Schedule as the Council may determine.
Provided that the theatre-tax shall not be levied in respect of any performance or show if the Chairperson is satisfied--
(a) that the entire receipts from such performance or show will be devoted to philanthropic, religious or charitable purposes; or
(b) that the performance or show is of a wholly educational character; or
(c) that the performance or show is
Every proprietor, manager, or person-in-charge of a theatre, cinema, circus, carnival or other place of entertainment shall be liable to pay the theatre-tax and shall pay the same in advance before the commencement of the performances or shows.
Provided that the Chairperson may, with the approval of the Council, compound for any series of performances or shows or for any period not exceeding one month, with such proprietor, manager or person for a lump sum to be paid for such series of performances or shows or for the performances or shows held or conducted during such period.
(1) Every person, who erects, exhibits, fixes or retains upon or over any land, building, wall, hoarding, frame, post or structure or upon or in any vehicle any advertisement or, who displays any advertisement to public view in any manner whatsover, visible from a public street or public place (including any advertisement exhibited by means of cinematographs), shall pay for every advertisement which is so erected, exhibited, fixed or retained or so displayed to public view, a tax calculated at such rates not exceeding those specified in the Fourth Schedule as the Council may determine :
Provided that no tax shall be levied under this section on any advertisement which--
(a) relates to a public meeting, or to an election to Parliament or the Legislative Assembly of Delhi; or
(b) is exhibited wi
(1) No advertisement shall be erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding, frame, post or structure or upon or in any vehicle or shall be displayed in any manner whatsoever in any place within New Delhi without the written permission of the Chairperson granted in accordance with bye-laws made under this Act.
(2) The Chairperson shall not grant such permission if--
(a) the advertisement contravenes any bye-law made under this Act; or
(b) the tax, if any, due in respect of the advertisement has not been paid.
(3) Subject to the provisions of sub-section (2), in the case of an advertisement liable to the advertisement tax, the Chairperson shall grant permission for the period to which the payment of the tax rel
The permission granted under section 89 shall become void in the following cases, namely:--
(a) if the advertisement contravenes any bye-law made under this Act;
(b) if any material change is made in the advertisement or any part thereof without the previous permission of the Chairperson;
(c) if the advertisement or any part thereof falls otherwise than through accident;
(d) if any addition or alteration is made to, or in the building, wall, hoarding, frame, post or structure upon or over which the advertisement is erected, exhibited, fixed or retained if such addition or alteration involves the disturbance of the advertisement or any part thereof; and
(e) if the building, wall hoarding, frame, post or st
Where any advertisement has been erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding, frame, post or structure or upon or in any vehicle or displayed to public view from a public street or public place in contravention of the provisions of this Act or any bye-laws made thereunder, it shall be presumed, unless and until contrary is proved, that the contravention has been committed by the person or the persons on whose behalf the advertisement purports to be or the agents of such person or persons.
If any advertisement is erected, exhibited, fixed or retained in contravention of the provisions of section 89, the Chairperson may require the owner or occupier of the land, building, wall, hoarding, frame, post or structure or vehicle upon, or over or in which the same is erected, exhibited, fixed or retained, to take down or remove such advertisement or may enter any land, building, property or vehicle and have the advertisement dismantled, taken down or removed or spoiled, defaced or screened.
(1) Save as otherwise provided in this Act, the Council shall levy a duty on transfer of immovable property situated within the limits of New Delhi in accordance with the provisions hereafter in this section contained.
(2) The said duty shall be levied--
(a) in the form of a surcharge on the duty imposed by the Stamp Act, 1899 (2 of 1899) as in force for the time being in the National Capital Territory of Delhi, on every instrument of the description specified below, and
(b) at such rate as may be determined by the Council not exceeding five per cent on the amount specified below against such instruments :
Description of instrument Amount on which duty should be levied
(i) Sale of immovable property. The
On the introduction of the duty on transfers of property--
(a) section 27 of the Stamp Act, 1899 (2 of 1899), as in force in the National Capital Territory of Delhi shall be read as if it specifically required the particulars to be set forth separately in respect of property situated within and without New Delhi;
(b) section 64 of the said Act shall be read as if it referred to the Council as well as the Government of National Capital Territory of Delhi.
Tax on buildings payable along with the application of
sanction of building plans
(1) Save as otherwise provided in this Act the Council shall levy a tax on buildings at such rates not exceeding those specified in the Fifth Schedule as the Council shall determine.
(2) The tax shall be leviable on every person who makes an application to the Chairperson for the sanction of building plan and shall be payable along with the same.
(1) The Council may, at a meeting, pass a resolution for the levy of any of the taxes specified in sub-section (2) of section 60, defining the maximum rate of the tax to be levied, the class or classes of persons or the description or descriptions of articles and properties to be taxed, the system of assessment to be adopted and the exemptions, if any, to be granted.
(2) Any resolution passed under sub-section (1) shall be submitted to the Central Government for its sanction, and if sanctioned by that Government, shall come into force on and from such date as may be specified in the order of sanction.
(3) After a resolution has come into force under sub-section (2), the Council may, subject to the maximum rate, pass a second resolution determining the actual rates at which the tax shall be leviable and the tax shall come into force on th
Whenever the Council decides to have recourse to supplementary taxation under sub-section (2) of section 57 in any year, it shall do so by increasing from such date as the Council may determine, the rates at which any tax leviable under this Act is being levied, but every such increase shall be made subject to the maximum rate and any other limitation specified in respect of such tax.
Save as otherwise provided in this Act, any tax levied under this Act shall be payable on such dates, in such number of instalments and in such manner as may be determined by bye-laws made in this behalf.
(1) When any tax has become due, the Chairperson shall cause to be presented to the person liable for the payment thereof, a bill for the amount due.
Provided that no such bill shall be necessary in the case of--
(a) a tax on vehicles and animals;
(b) a theatre-tax; and
(c) a tax on advertisements.
(2) Every such bill shall specify the particulars of the tax and the period for which the charge is made.
(1) If the amount of the tax for which a bill has been presented under section 99 is not paid within fifteen days from the presentation thereof, or if the tax on vehicles and animals or the theatre-tax or the tax on advertisements is not paid after it has become due, the Chairperson may cause to be served upon the person liable for the payment of the same a notice of demand in the form set forth in the Sixth Schedule.
(2) For every notice of demand which the Chairperson causes to be served on any person under this section, a fee of such amount not exceeding five rupees as may be determined by bye-laws made in this behalf, shall be payable by the said person and shall be included in the cost of recovery.
(1) If the person liable for the payment of any tax does not, within thirty days of the service of the notice of demand under section 100 pay the sum due and if no appeal is preferred against such tax, he shall be deemed to be in default.
(2) When the person liable for the payment of any tax is deemed to be in default under sub-section (1), such sum not exceeding twenty per cent of the amount of the tax as may be determined by the Chairperson, may be recovered from him by way of penalty, in addition to the amount of the tax and the notice free, payable under sub-section (2) of section 100.
(3) The amount due as penalty under sub-section (2) shall be recoverable as an arrear of tax under this Act.
(1) If the person liable for the payment of the tax does not, within thirty days from the service of the notice of demand, pay the amount due, such sum together with all costs and the penalty provided for in section 101 may be recovered under a warrant issued in the form set forth in the Seventh Schedule, by distress and sale of the movable property or the attachment and sale of the immovable property, of the defaulter.
Provided that the Chairperson shall not recover any sum the liability for which has been remitted on appeal under the provisions of this Act.
(2) Every warrant issued under this section shall be signed by the Chairperson.
(1) It shall be lawful for any officer or other employees of the Council to whom a warrant issued under section 102 is addressed to distrain, wherever it may be found in any place in New Delhi; any movable property, or any standing timber, growing crops or grass belonging to the person therein named as defaulter, subject to the following conditions, exceptions and exemptions, namely:--
(a) the following property shall not be distrained:--
(i) the necessary wearing apparel and bedding of the defaulter, his wife and children and their cooking and eating utensils;
(ii) tools of artisans;
(iii) books of account; or
(iv) when the defaulter is an agriculturist his implements of husbandry, seed, grain and such c
(1) When the property seized is subject to speedy and natural decay or when the expense of keeping it in custody is, when added to the amount to be recovered, likely to exceed its value, the Chairperson shall give notice to the person in whose possession the property was at the time of seizure that it will be sold at once, and shall sell it accordingly by public auction unless the amount mentioned in the warrant is forthwith paid.
(2) If the warrant is not in the meantime suspended by the Chairperson, or discharged, the property seized shall, after the expiry of the period named in the notice served under sub-section (2) of section 103 be sold by public auction by order of the Chairperson.
(3) When a warrant is issued for the attachment and sale of immovable property, the attachment shall be made by an order prohibiting the defaulter fro
(1) If the Chairperson has reason to believe that any person from whom any sum is due or is about to become due on account of any tax is about to move from New Delhi or Delhi, he may direct the immediate payment by such person of the sum so due or about to become due and cause a notice of demand for the same to be served on such person.
(2) If, on the service of such notice, such person does not forthwith pay the sum so due or about to become due, the amount shall be leviable by distress or attachment and sale in the manner hereinbefore provided, and the warrant of distress or attachment and sale may be issued and executed without any delay.
Instead of proceeding against a defaulter by distress and sale as hereinbefore provided, or after a defaulter has been so proceeded against unsuccessfully or with partial success, any sum due or the balance of any sum due, as the case may be, from such defaulter on account of a tax may be recovered from him by a suit in any court of competent jurisdiction.
(1) If the tax on any vehicle or animal is not paid, then, instead of proceeding against the defaulter by distress and sale of his other movable property as hereinbefore provided, the Chairperson may, at any time after the tax has become due, seize and detain the vehicle or animal or both and, if the owner or other person entitled thereto does not within seven days in respect of a vehicle and two days in respect of an animal from the date of such seizure and detention, claim the same and pay the tax due together with the charges incurred in connection with the seizure and detention, the Chairperson may cause the same to be sold and apply the proceeds of the sale or such part thereof as is required in discharge of the sum due and the charges incurred as aforesaid.
(2) The surplus, if any, remaining after the application of the sale-proceeds under sub-section (1) shall be disposed of
(1) For the purposes of recovering the amount of any property tax from any occupier under section 68, the Chairperson shall cause to be served on such occupier a notice requiring him to pay to the Council, any rent due or falling due from him in respect of the land or building to the extent necessary to satisfy the portion of the sum due for which he is liable under the said section.
(2) Such notice shall operate as an attachment of the said rent unless the portion of the sum due shall have been paid and satisfied and the occupier shall be entitled to credit in account with the person to whom such rent is due for any sum paid by him to the Council in pursuance of such notice.
Provided that it the person to whom such rent is due is not the person primarily liable for payment of the property tax, he shall be entitled to recover from the pe
If any building is wholly or partly demolished or destroyed or otherwise deprived of value, the Chairperson may, on the application in writing of the owner or occupier, remit or refund such portion of any tax assessed on the rateable value thereof as he thinks fit.
(1) If any building together with land appurtenant thereto has remained vacant and unproductive of rent for sixty or more consecutive days, the Chairperson shall remit or refund, as the case may be, two-thirds of such portion of the property tax assessed on the rateable value thereof, as may be proportionate to the number of days during which the said building together with the land appurtenant thereto has remained vacant and unproductive of rent.
(2) If any land, not being land appurtenant to a building, has remained vacant and unproductive of rent for sixty or more consecutive days, the Chairperson shall remit or refund, as the case may be, one half of such portion of the property tax assessed on the rateable value thereof, as may be, proportionate to the number of days during which the said land has remained vacant and unproductive of rent.
(1) For the purpose of obtaining a partial remission or refund of tax, the owner of a building composed of separate tenements may request the Chairperson, at the time of the assessment of the building, to enter in the assessment list, in addition to the rateable value of the whole building, a note regarding any detail of the rateable value of each separate tenement.
(2) When any tenement, the rateable value of which has been thus separately recorded has remained vacant and unproductive of rent for sixty or more consecutive days, such portion of any tax assessed on the rateable value of the whole building shall be remitted or refunded as would have been remitted or refunded if the tenement had been separately assessed.
No remission or refund under section 110 or section 111 shall be made unless notice in writing of the fact that land, buildings or tenement has become vacant and unproductive of rent has been given to the Chairperson, and no remission or refund shall take effect in respect of any period commencing more than fifteen days before delivery of such notice.
(1) For the purposes of sections 110 and 111 no land, building or tenement shall be deemed vacant if maintained as a pleasure resort or town or country house or be deemed unproductive of rent if let to a tenant who has a continuing right of occupation thereof, whether he is in actual occupation or not.
(2) The burden of proving the facts entitling any person to claim relief under sections 109, 110 or section 111 shall be upon him.
The owner of any land, building or tenement in respect of which a remission or refund of tax has been given under section 110 or section 111, shall give notice of the re-occupation of such land, building or tenement within fifteen days of such re-occupation.
(1) An appeal against the levy or assessment of any tax under this Act shall lie to the Court of the district judges of Delhi or New Delhi.
(2) If, before or on the hearing of an appeal under this section, any question of law or usage having the force of law or construction of a document arises, the Court of district judge on his own motion may, or on the application of any party to the appeal, shall, draw up a statement of the facts of the case, and the question so arising, and refer the statement with his opinion on the question for the decision of the High Court.
(3) On a reference being made under sub-section (2), the subsequent proceedings in the case shall be, as nearly as may be in conformity with the rules relating to references to the High Court contained in Order XLVI of the First Schedule to the Code of Civil Procedure, 1908 (
No appeal shall be heard or determined under section 115 unless--
(a) the appeal is, in the case of a property tax, brought within thirty days next after the date of authentication of the assessment list under section 70 (exclusive of the time requisite for obtaining a copy of the relevant entries therein) or, as the case may be, within thirty days of the date on which an amendment is finally made under section 72 and, in the case of any other tax, within thirty days next after the date of the receipt of the notice of assessment or of alteration of assessment or, if no notice has been given, within thirty days after the date of the presentation of the first bill or, as the case may be, the first notice of demand in respect thereof;
(b) the amount, if any, in dispute in the appeal has been deposited by the appellant in the office of the C
Notwithstanding anything contained in clause (a) of section 116, an appeal may be admitted after the expiration of the period prescribed therefore by that section if the appellant satisfies the court that he had sufficient cause for not preferring the appeal within the period.
The order of the Court confirming, setting aside or modifying an order in respect of any rateable value or assessment or liability to assessment or taxation shall be final.
Provided that it shall be lawful for the Court upon application or on its own motion, to review any order passed by it in appeal within three months from the date of the order.
(1) The Chairperson may, without giving any previous notice, enter upon and make an inspection of-- "
(a) any land or building for the purpose of determining the rateable value of such land or building;
(b) any stable, garage, or coach house or any place wherein he may have reason to believe that there is any vehicle or animal liable to a tax under this Act;
(c) any place or premises which he has reason to believe are being used or are about to be used for any performance or show in respect of which the theatre-tax is payable or would be payable;
(d) any land, building or vehicle in or upon which any advertisement liable to tax under this Act is exhibited or displayed.
(2) The Chairperson may, by written
(1) The Chairperson may with the previous sanction of Council allow any person to compound for any tax.
(2) Every sum due by reason of the composition of a tax under sub-section (1) shall be recovered as an arrear of tax under this Act.
(1) The Chairperson may write off any sum due on accounting of any tax or of the costs of recovering any tax if such sum is, in his opinion irrecoverable.
Provided that where the sum written off in favour of any person exceeds one thousand rupees, the previous sanction of the Council shall be first obtained.
(2) The Chairperson shall report to the Council every case in which any sum has been written off under sub-section (1).
(1) The Chairperson may, by written notice, call upon any inhabitant of New Delhi to furnish such information as may be necessary for the purpose of ascertaining--
(a) whether such inhabitant is liable to pay any tax imposed by the Council under this Act;
(b) at what amount he should be assessed; or
(c) the rateable value of the land or building which he occupies and the name and address of the owner or lessee thereof.
(2) If any person when called upon under sub-section (1) to furnish information neglects to furnish it within the period specified in this behalf by the Chairperson or furnishes information which is not true to the best of his knowledge or belief, he shall be liable, in addition to any penalty which may be imposed under this Act, to b
No assessment and no charge or demand on account of any tax shall be impeached or affected by reason only of any mistake in the name, residence, place of business or occupation of any person liable to pay the tax or in the description of any property or thing, or of any mistake in the amount of the assessment, charge or demand, or by reason only of clerical error or other defect of form, if the directions contained in this Act and the bye-laws made thereunder have in substance and effect been complied with and it shall be enough in the case of any such tax on property or any assessment of value for the purpose of any such tax, if the property taxed or assessed is so described as to be generally known; and it shall not be necessary to name the owner or occupier thereof.
The Council may, by resolution passed in this behalf, exempt either wholly or in part from the payment of any tax levied under this Act, any class of persons or any class of property or goods.
The proceeds of the entertainment and betting taxes collected in New Delhi under the provisions of the U.P. Entertainment and Betting Tax Act, 1937, (U.P. Act 18 of 1937) as extended to the National Capital Territory of Delhi (which shall form part of the Consolidated Fund of the National Capital Territory of Delhi) reduced by the cost of collection as determined by the Government shall, if the Legislative Assembly of the National Capital Territory of Delhi by appropriation made by law in this behalf so provides, be paid (to the Council for the performance of its functions under this Act.
(1) The Council may, in pursuance of any resolution passed by it, borrow by way of debenture or otherwise on the security of all or any of the taxes, rates, cesses, fees and charges authorised by or under this Act, any sums of money which may be required--
(a) for acquiring any land which it has power to acquire;
(b) for erecting any building which it has power to erect;;
(c) for the execution of any permanent work, the provision of any plant, or the doing of any other thing which it has power to execute, provide or do, if the cost of carrying out the purpose in question ought to be spread over a term of years;
(d) to pay off any debt due to the Central Government or the Government;
(e) to repay a loan pr
The time for the repayment of any money borrowed under section 126 shall in no case exceed sixty years and the time for repayment of any money borrowed for the purpose of discharging any previous loan shall not, except with the express sanction of Central Government, extend beyond the unexpired portion of the period for which such previous loan was sanctioned.
All debentures issued under this Chapter shall be in such form as the Council may; with the previous sanction of the Central Government, determine and shall be transferable in such manner as shall be therein expressed; and the right to sue in respect of the moneys secured by any of such debentures shall vest in the holders thereof for the time being without any preference by reason of some such debentures being prior in date to others.
When any debenture or security issued under this Act is payable to two or more persons jointly, and either or any of them dies, then, notwithstanding anything in section 45 of the Indian Contract Act, 1872, (9 of 1872) the debenture or security shall be payable to the survivor or survivors of such person.
Provided that nothing in this section shall affect any claim by legal representative of a deceased person against such survivor or survivors.
When two or more persons are joint holders of any debenture or security issued under this Act, any one of such persons may give an effectual receipt for any interest or dividend payable in respect of such debenture or security, unless notice to the contrary has been given to the Council by the other of such persons.
(1) The Council shall maintain sinking funds for the repayment of money borrowed on debentures issued and shall pay every year into such sinking funds such sum as will be sufficient for the repayment within the period fixed for the loan of all moneys borrowed on the debentures issued.
(2) All money paid into the sinking funds shall, as soon as possible, be invested by the Chairperson in public securities and every such investment shall be reported by the Chairperson to the Council within fifteen days.
(3) All dividends and other sums received in respect of any such investment shall, as soon as possible after receipt, be paid into the sinking funds and invested in the manner laid down in sub-section (2).
(4) When any part of a sinking fund is invested in New Delhi municipal debentures, or is ap
A sinking fund or any part thereof shall be applied in or towards the discharge of the loan or a part of the loan for which such fund was created, and until such loan or part is wholly discharged shall not be applied for any other purpose.
Provided that when any loan or part thereof has been consolidated under section 134, the Chairperson shall transfer to the sinking fund of the consolidated loan such part of the sinking funds of the original loans as may be proportionate to the amount of the original loans incorporated in the consolidated loan.
(1) The Chairperson shall, at the end of every year, submit to the Council a statement showing--
(a) the amount which has been invested during the year under section 131;
(b) the date of the last investment made previous to the submission of the statement;
(c) the aggregate amount of the securities then in his hand; and
(d) the aggregate amount which has up to the date of the statement been applied under section 132, in or towards discharging loans.
(2) Every such statement shall be published in the Official Gazette.
(1) Notwithstanding anything to the contrary contained in this Chapter, the Council may consolidate all or any of its loans and for that purpose may invite tenders for a new loan (to be called "the New Delhi Municipal Council Consolidated Loan, 19--") and invite holders of the municipal debentures to exchange their debentures for scrips of such loan.
(2) The terms of any such consolidated loan and the form of its scrip and the rates at which exchange into such consolidated loan shall be permitted shall be subject to the prior approval of the Central Government.
(3) The period for the exchanging of any such consolidated loan shall not, without the sanction of the Central Government, extend beyond the farthest date within which any of the loans to be consolidated would otherwise be repayble.
(4)
(1) All payments due from the Council for interest on and repayment of loans shall be made in priority to all other payments due from the Council.
(2) If any money borrowed or deemed to have been borrowed by the Council from Central Government or the Government or any interest or costs due in respect thereof be not repaid according to the conditions of the loan, the Central Government or the Government may attach the New Delhi Municipal Fund or any part thereof.
(3) After such attachment no person except an officer appointed in this behalf by the Central Government shall in any way deal with the attached fund; but such officer may do all acts in respect thereof which any municipal authority, officer or other employee might have done if such attachment has not taken place, and may apply the proceeds in satisfaction of the arrears and of a
The Council may make regulations to carry out the purposes of this Chapter including, in particular, the issue of duplicates in case of loss of debentures by theft, destruction or otherwise, and renewal of debentures on payment of fees prescribed in this behalf by such regulations.
The Council shall, for the purpose of this Act, have power to acquire and hold movable and immovable property, or any interest therein.
Whenever the Council decides to acquire any immovable property for the purpose of this Act, the Chairperson shall acquire such property on behalf of the Council by agreement on such terms and at such price as may be approved by the Council.
Whenever the Chairperson is unable to acquire any immovable property under section 138 by agreement, the Central Government may at the request of the Chairperson procure the acquisition thereof under the provisions of the Land Acquisition Act, 1894, (1 of 1894) and on payment by the Council of the compensation awarded under that Act and of the charges incurred by that Government in connection with the proceedings, the land shall vest in the Council.
(1) With respect to the disposal of movable property belonging to Council the Chairperson may, in his discretion, dispose of by sale or otherwise, any movable property belonging to the Council not exceeding in value in each instance one thousand rupees, or such higher amount as the Council may prescribe, or let out on hire any movable property or grant a lease of any immovable property belonging to the Council including any right of gathering and taking fruits and the like, for a period not exceeding one year at a time;
(2) In cases not covered by sub-section (1), the Chairperson may, with the sanction of the Council, lease, sell, let out on hire or otherwise transfer any movable property belonging to the Council.
(1) The Chairperson may, with the sanction of the Council, lease, sell, let out on hire or otherwise transfer any immovable property belonging to the Council.
(2) The consideration for which any immovable property may be sold, leased or otherwise transferred shall not be less than the value at which such immovable property could be sold, leased or otherwise transferred in normal and fair competition.
(3) The sanction of Council under section 140 or this section may be given either generally for any class of cases or specially for any particular case.
(4) Subject to any conditions or limitation that may be specified in any other provisions of this Act the foregoing provisions of section 140 and this section shall apply to every disposal of property belonging to the Council made under, or for an
Subject to the provisions of sections 143 and 144 the Council shall be competent to enter into and perform any contract necessary for the purposes of this Act.
With respect to the making of contracts, the following provisions shall have effect, namely:--
(a) every such contract shall be made on behalf of the Council by the Chairperson;
(b) no such contract, for any purpose which in accordance with any provision of this Act the Chairperson may not carry out without the approval or sanction of the Council shall be made by him until and unless such approval or sanction has been duly obtained;
(c) no contract which will involve an expenditure exceeding ten lakh rupees or such higher amount as the Central Government may from time to time, fix, shall be made by the Chairperson unless the same is previously approved by the Council; and
(d) every contract made by the Chairperson, involving an expenditure exceeding
(1) The mode of executing contracts under this Act shall be prescribed by bye-laws made in 'this behalf.
(2) No contract which is not made in accordance with the provisions of this Act and the bye-laws made thereunder shall be binding on the Council.
In this Chapter, unless the context otherwise requires, the following words and expressions in relation to water supply shall have the respective meanings given below namely:--
(1) "communication pipe" means,--
(a) where the premises supplied with water abut on the part of the street in which the main in laid, and the service pipe enters those premises otherwise than through the outer wall of a building abutting on the street and has a stopcock placed in those premises and as near to the boundary of that street as is reasonable practicable, so much of the service pipe as lies between the main and that stopcock;
(b) in any other case, so much of the service pipe as lies between the main and the boundary of the street in which the main is laid, and includes the ferrule at the junction of the ser
(1) The Council May-
(a) carry out a survey of the existing consumption of and demand for water supplies in New Delhi and of the water resources in or likely to be made available in New Delhi;
(b) prepare an estimate of the future water supply requirements of New Delhi;
(c) carry out a survey of the existing quantity or sewage collection;
(d) formulate proposals as to--
(i) the existing or future water supply requirements of New Delhi;
(ii) the existing or future sewage collection requirement in New Delhi including proposals for the manner in which and the place or places at which sewage should be carried and collected.
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(1) It shall be the duty of the Council to take steps from time to time--
(a) for ascertaining the sufficiency and wholesomeness of water supplies within New Delhi and receiving bulk supplies of water from the authority prescribed by the Central Government;
(b) for providing a supply of wholesome water in pipes to every part of New Delhi in which there are houses, for the domestic purposes of the occupants thereof, and for taking the pipes affording that supply to such point or points as will enable the houses to be connected thereto at a reasonable cost, so, however, that this clause shall not require the Council to do anything which is not practicable at a reasonable cost or to provide such a supply to any part of New Delhi where such a supply is already available at such point or points aforesaid;
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No person shall, without the written permission of the Chairperson, use or allow to be used for other than domestic purposes water supplied for domestic purposes.
The supply of water for domestic purposes under this Act shall not be deemed to include any supply.--
(a) for animals or for washing vehicles where such animals or vehicles are kept for sale or hire;
(b) for any trade, manufacture or business;
(c) for fountains, swimming baths or any ornamental or mechanical purpose;
(d) for gardens or for purposes of irrigation;
(e) for making or for watering streets; or
(f) for building purposes.
(1) The Chairperson may supply water for any purpose other than a domestic purpose on such terms and conditions consistent with this Act and the bye-laws made thereunder as may be laid down in this behalf by the Council on receiving a written application specifying the purpose for which the supply is required and the quantity likely to be consumed.
(2) When a application under sub-section (1) is received, the Chairperson may subject to such charges and rates as may be fixed by the Council, place or allow to be placed the necessary pipes and water fittings of such dimensions and character as may be prescribed by bye-laws and may arrange for the supply of water through such pipes and fittings.
Water may be used for extinguishing fire.
(1) If it appears to the Chairperson that any premises in New Delhi are without supply of wholesome water for domestic purposes or that the existing supply of water for domestic purposes available for the persons usually occupying or employed in such premises is inadequate or on any sanitary grounds objectionable, the Chairperson may by notice in writing require the owner of the premises or the persons primarily liable for the payment of the property tax in respect of the same--
(a) to take a connection from the municipal water works adequate for the requirements of the persons occupying or employed in the premises, or to take such additional or enlarged connection or connections from the municipal water works; and
(b) to provide, supply pipes and water fittings, install and work a pump and do all such works and take all such measures as
It shall not be lawful for the owner of any premises which may be newly constructed or reconstructed within any portion of New Delhi to occupy it or cause or permit it to be occupied until he has obtained a certificate from the Chairperson that there is provided within, or within a reasonable distance of, the premises such supply of wholesome water as appears to the Chairperson to be adequate for the persons who may occupy, or be employed in, such premises for their domestic purposes.
(1) The Chairperson with the approval of the Council may provide gratuitous supply of wholesome water to the public within New Delhi and may, for that purpose, erect public hydrants or other conveniences.
(2) The Chairperson may with like approval close a public hydrant or other convenience when it is no longer required for the supply of wholesome water to the public.
(1) The Chairperson may lay a main whether within or without the local limits of the Council--
(a) in any street; and
(b) with the consent of every owner and occupier of any land not forming part of a street, in, over or on that land, and may, from time to time, inspect, repair, alter or renew or may at any time remove any main so laid whether by virtue of this section or otherwise.
Provided that where a consent required for the purpose of this sub-section is withheld, the Chairperson may, after giving the owner or occupier of the land a written notice of his intention so to do, lay the main in, over or on that land even without such consent.
(2) Where the Chairperson, in exercise of the powers under this section, lays a main in, over or on any land
(1) The Chairperson may, in any street whether within or without the local limits of the Council lay such service pipes with such stopcocks and other water fittings as he may deem necessary for supplying water to premises and may, from time to time, inspect, repair, alter or renew and may, at any time, remove any service pipe laid in a street whether by virtue of this section or otherwise.
(2) Where a service pipe has been lawfully laid in, over, or on the land not forming part of a street, the Chairperson may from time to time enter upon that land and inspect, repair, alter, renew or remove the pipe or lay a new pipe in substitution thereof but shall pay compensation for any damage done in the course of such action.
(1) The Chairperson shall fix hydrants on water mains (other than trunk mains) at such places as may be most convenient for affording a supply of water for extinguishing any fire which may break out and shall keep in good order and from time to time renew every such hydrant.
(2) To denote the situation of every hydrant placed under this section, letters marks or figures shall be displayed prominently on some wall, building or other structure near such hydrant.
(3) As soon as any such hydrant is completed, the Chairperson shall deposit a key thereof at each place where a public fire engine is kept and in such other places as he deems necessary.
(4) The Chairperson may, at the request and expense of the owner occupier of any factory, workshop, trade premises or place of business situated in or n
(1) The Chairperson may permit the owner, lessee or occupier of any premises to connect the premises by means of supply pipes for conveying to the premises a supply of water for his domestic purposes from the municipal water works subject to the requirements specified in section 159 and the conditions, if any, laid down in the bye-laws made in this behalf.
(2) The owner of every premises connected with the municipal water works, shall, when so required by the Chairperson, set up electric pumps or other contrivances whereby water may be caused to reach to the top of the top-most story of such premises.
(1) An owner, lessor or occupier of any premises, who desires to have a supply of water for his domestic purposes from the municipal water works, shall comply with the following requirements, namely:--
(a) he shall give to the Chairperson fourteen days' notice of his intention to lay the necessary supply pipe; and
(b) he shall lay the supply pipe at his own expense, having first obtained, as respects any land not forming part of a street, the consent of the owners or occupiers thereof.
Provided that where any part of the supply pipe is to be laid in a street, he shall not himself break open the street or lay that part of the pipe.
(2) Upon the receipt of such a notice as is referred to in sub-section (1), the Chairperson shall lay the necessary comm
(1) The Chairperson may require the provision of a separate service pipe for each of the premises supplied or to be supplied by him with water.
(2) If, in the case of any premises already supplied with water but not having a separate service pipe, the Chairperson gives notice to the owner of the premises requiring the provision of such a pipe, the owner shall, within three months, lay so much of the required pipe as will constitute a supply pipe and is not required to be laid in a street, and the Chairperson, shall, within fourteen days after the owner has done so, lay so much of the required pipe as will constitute a communication pipe or a supply pipe to be laid in a street and make all necessary communications.
(3) If an owner upon whom a notice has been served under sub-section (2) fails to comply therewith the Chairperson may himsel
(1) On every service pipe laid after the commencement of this Act the Chairperson, shall, and on every service pipe laid before such commencement, Chairperson may, fit a stopcock enclosed in a cover box or a pit of such size as may be reasonably necessary.
(2) Every stopcocks fitted on a service pipe after the commencement of this Act shall be placed in such position as the Chairperson deems most convenient.
Provided that--
(a) a stopcock in private premises shall be placed as near as is reasonably practicable to the street from which the service pipe enters those premises; and
(b) a stopcock in a street shall be placed as near to the boundary thereof as is reasonably practicable.
(1) The Chairperson may provide a water-meter and attach the same to the service pipe in premises connected with municipal water works.
(2) The expense of providing and attaching a meter under sub-section (1) shall be paid out of the New Delhi Municipal Fund.
(3) The use, rent to be paid for such use, maintenance and testing of meters shall be regulated by orders made by the Council in this behalf.
Whenever water is supplied under this Chapter through a meter it shall be presumed that the quantity indicated by the meter has been consumed until the contrary is proved.
(1) No person shall wilfully or negligently cause or suffer any water fitting which he is liable to maintain,--
(a) to be or remain so out of order or so in need of repair, or
(b) to be or remain so constructed or adapted or to be so used that the water supplied to him by the Council is or is likely to be wasted, misused or unduly consumed, or contaminated before use, or that foul air or any impure matter is likely to return into any pipe belonging to, or connected with, a pipe belonging to the Council.
(2) if any water fittings which any person is liable to maintain is in such a condition, or so constructed or adapted as aforesaid, the Chairperson, without prejudice to his right to proceed against the person under any other provision of this Act may require that person to carry out any necess
The Chairperson or any municipal officer authorised by the Chairperson in writing may, between sunrise and sunset, enter any premises supplied with water by the Council in order to examine if there be any waste or misuse of such water and the Chairperson or such shall not be refused admittance to the premises nor shall be obstructed by any person in making his examination.
The Chairperson may test any water fitting used in connection with water supplied by the Council.
(1) If the Chairman is of opinion that the water in or obtained from any well, tank or other source of supply not vested in the Council, being water which is or is likely to be used for domestic purposes, or for the preparation of food or drink for human consumption, is or is likely to become so polluted as to be prejudicial to health, the Chairperson may, after giving the owner or occupier of the premises in which the source of supply is situated a reasonable opportunity of being heard, by order, direct that the source of supply be permanently or temporarily closed or cut off or the water therefrom be used for certain purposes only or make such order as appears to him necessary to prevent injury or danger to the health of persons using the water or consuming food or drink prepared therewith or therefrom.
(2) Before making any order under this section, the Chairperson may cause the
(1) No water pipes shall be laid in a drain or on the surface of an open channel or house gully or within six meters of a cesspool or in any position where the pipe is likely to be injured or the water therein polluted; and no well or tank and except with the consent of the Chairperson, no cistern shall be constructed within six meters of a latrine, or cesspool.
(2) No latrine, or cesspool shall be constructed or made within six meters of any well, tank, water pipe or cistern or in any position where the pipe, well, tank or cistern is likely to be injured or the water therein polluted.
(1) The Chairperson may, subject to the conditions laid down in this behalf in the bye-laws, cut off or turn off water supply from any municipal water work to any premises or part thereof to which a private water supply is furnished by the Council.
(2) The expenses of cutting off or turning off water supply shall be paid by the owner or occupier of premises and shall be recoverable from the owner or occupier as an arrear of tax under this Act.
If any offence relating to water supply is committed under this Act on any premises connected with the municipal water works, the owner, the person primarily liable for the payment of property tax and occupiers of the said premises shall be jointly and severally liable for such offence.
(1) All public drains, all drains in, alongside or under any public street, and all sewage collection works, whether constructed out of the New Delhi Municipal Fund or otherwise and all works, materials and things appertaining thereto, which are situated in New Delhi shall vest in the Council.
(2) All public and other drains which are vested in the Council are hereafter in this Act referred to as municipal drains.
(3) For the purposes of enlarging, deepening or otherwise repairing or maintaining any such drain or sewage collection work so much of the sub-soil appertaining thereto as may be necessary for the said purpose shall be deemed all so to vest in the Council.
(4) All drains and ventilation shafts, pipes and all appliances and fittings connected with the drainage works constructed, erect
(1) All municipal drains, all sewage collection and all works, materials and things appertaining thereto shall be under the control of the Chairperson.
(2) The Chairperson shall maintain and keep in repair all municipal drains and sewage collection works and when authorised by the council, shall construct as many new drains and sewage collection works as may from time to time be necessary for effectual drainage and sewage collection.
(1) No person shall throw, empty, or turn into any municipal drain or into any drain communicating with a municipal drain--
(a) any matter likely to injure the drain or to interfere with the free flow of its contents, or to affect prejudicially the treatment and disposal of its contents; or
(b) any chemical, refuse or waste steam, or any liquid of a temperature higher than forty-five degrees centigrade, being refuse or steam which, or a liquid which when so heated, is, either alone or in combination with the contents of the drain, dangerous, or the cause of a nuisance, or prejudicial to health; or
(c) any dangerous petroleum.
(2) In this section, the expression "dangerous petroleum" has the same meaning as in the Petroleum Act, 1934 (30 of 1934).
(1) Subject to such conditions as may be perscribed by bye-laws made in this behalf, the owner or occupier of any premises having a private drain, or the owner of any private drain within New Delhi may apply to the Chairperson to have his drain made to communicate with the municipal drains and thereby to discharge foul water and surface water from those premises or that private drain.
Provided that nothing in this sub-section shall entitle any person--
(a) to discharge directly or indirectly into any municipal drain--
(i) any trade effluent from any trade premises except in accordance with bye-laws made in this behalf; or
(ii) any liquid or other matter the discharge of which into municipal drains is prohibited by or under this Act or any other law;
(1) Where any premises are in the opinion of the Chairperson, without sufficient means of effectual drainage and a municipal drain or some place approved by the Chairperson for the discharge of filth and other polluted and obnoxious matter is situated at a distance of not exceeding thirty meters from any part of the said premises, he may, by written notice, require the owner of the said premises--
(a) to make a drain emptying into such municipal drain or place;
(b) to provide and set up all such appliances and fittings as may appear to the Chairperson necessary for the purposes of gathering and receiving the filth and other polluted and obnoxious matter from, and conveying the same off, the said premises and of effectually flushing such drain and every fixture connected therewith;
(c) to remov
(1) It shall not be lawful to erect or to re-erect any premises in New Delhi or to occupy any such premises unless--
(a) a drain be constructed of such size, materials and description, at such level and with such fall as shall appear to the Chairperson to be necessary for the effectual drainage of such premises;
(b) there have been provided and set up on such premises such appliances and fittings as may appear to the Chairperson to be necessary for the purposes of gathering or receiving the filth and other polluted and obnoxious matter from, and conveying the same off, the said premises and of effectually flushing the drain of the said premises and every fixture connected therewith.
(2) The drain so constructed shall empty into a municipal drain situated at a distance of not exceeding thirty m
(1) If it appears to the Chairperson that any group or block of premises may be drained more economically or advantageously in combination than separately, and a municipal drain of sufficient size already exists or is about to be constructed within thirty meters of any part of that group or block of premises, the Chairperson may cause that group or block of premises to be drained by a combined operation.
(2) The expenses incurred in carrying out any work under sub-section (1) in respect of any group or block of premises shall be paid by the owners of such premises in such proportions as the Chairperson may determine and shall be recoverable from them as an arrear of tax under this Act.
(3) Not less than fifteen days before any such work is commenced, the Chairperson shall give to each such owner--
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Where a drain connecting any premises with a municipal drain is sufficient for the effectual drainage of such premises and is otherwise unobjectionable but is not in the opinion of the Chairperson, adapted to the general system of drainage in New Delhi, he may, by written notice addressed to the owner of the premises, direct--
(a) that such drain be closed, discontinued or destroyed and that any work necessary for that purpose be done; or
(b) that such drain shall, from such date as may be specified in the notice in this behalf, be used for filth and polluted water only or for rain water and unpolluted sub-soil water only.
Provided that--
(i) no drain may be closed, discontinued or destroyed by the Chairperson under clause (a) except on condition of
(1) Where the Chairperson either on receipt of an application from the owner of any premises or otherwise is of the opinion that the only, or the most convenient means of effectual drainage of the premises into a municipal drain is through a drain belonging to another person, the Chairperson may by notice in writing require the owner of such drain to show cause within a period specified in the notice as to why an order under this section should not be made.
(2) Where no cause is shown within the specified period or the cause shown appears to the Chairperson invalid or insufficient, the Chairperson may by order in writing either authorise the owner of the premises to use the drain or declare him to be a joint owner thereof.
(3) An order made under sub-section (2) may contain directions as to--
Whenever it is provided in this Chapter that steps shall or may be taken for the effectual drainage of any premises, it shall be competent to the Chairperson to require that there shall be one drain for filth and polluted water and an entirely distinct drain for rain water and unpolluted sub-soil water or both rain water and unpolluted sub-soil water, each emptying ninth separate municipal drains or other suitable places.
For the purpose of efficient drainage of any premises, the Chairperson may, by notice in writing--
(a) require any courtyard, alley or passage between two or more buildings to be paved by the owner or owners of such buildings with such materials and in such manner as may be approved by the Chairperson, and
(b) require such paving to be kept in proper repair.
The Chairperson may cause any or all of the municipal drains to empty into, and all sewage to be collected of at, such place or places as he considers suitable.
Provided that no place which has not been before the commencement of this Act used for any of the purposes specified in this section shall, after such commencement be used therefor without the approval of the Council.
Provided further that on and after such date as may be appointed by the Central Government in this behalf no sewage shall be discharged into any water course until it has been so treated as not to affect prejudicially the purity and quality of the water into which it is discharged.
Without the written permission of the Chairperson, no person shall, for any purpose whatsoever, at any time make or cause to be made any connection or communication with any drain referred to in section 172 or any water works, constructed or maintained by, or vested in, the Council.
(1) Without the written permission of the Chairperson no railway or private street shall be constructed and no building, wall, fence or other structure shall be erected on any municipal drain or on any water works constructed or maintained by, or vested in, the Council.
(2) If any railway or private street be constructed or any building, wall, fence or structure erected on any drain or water works as aforesaid without the written permission of the Chairperson, the Chairperson way remove or otherwise deal with the same as he may think fit.
(3) The expenses incurred by the Chairperson in so doing shall be paid by the owner of the private street or of the building, fence, wall or other structure or, as the case may be, by the railway administration or the person offending and shall be recoverable as an arrear of tax under this Act.
(1) The Chairperson may place and maintain aqueducts, conduits and lines of mains or pipes or drains over, under, along or across any immovable property whether within or without the local limits of the Council without acquiring the same, and may at any time for the purpose of examining, repairing, altering or removing any aqueducts, conduits or lines of mains or pipes or drains, enter on any property over, under along or across which the aqueducts, conduits or lines of mains or pipes, or drains have been placed.
Provided that the Council shall not acquire any right other than a right of user in the property over, under, along or across which any aqueduct, conduit or line of mains or pipes, or drain is placed.
(2) The powers conferred by sub-section (1) shall not be exercisable in respect of any property vested in the Union or under the
(1) If it appears to the Chairperson that the only or most convenient means of water supply to, and drainage of, any premises is by placing or carrying any pipe or drains over, under, along or across the immovable property of another person, the Chairperson may, by order in writing, authorise the owner of the premises to place or carry such pipe or drain over, under, along or across such immovable property.
Provided that before making any such order the Chairperson shall give to the owner of the immovable property a reasonable opportunity of showing cause within such time as may be prescribed by bye-law made in this behalf as to why the order should not be made.
Provided further that the owner of the premises shall not acquire any right other than a right of user in the property over, under, along or across which any such pipe or drain i
If the Council places or carries any pipe or drain or does any other work connected with the water supply or drainage across any railway line, it may, with the sanction of the Central Government and at the cost of the New Delhi Municipal Fund, require the railway administration to raise or lower the level thereof.
(1) When under the provisions of this Chapter any person may be required or is liable to execute any work, the Chairperson may, in accordance with the provisions of this Act and of any bye-laws made in this behalf, cause such work to be executed after giving such person an opportunity of executing the same within such time as may be specified by him for this purpose.
(2) The expenses incurred or likely to be incurred by the Chairperson in the execution of any such work shall be payable by the said person and the expenses incurred by the Chairperson in connection with the maintenance of such work or the enjoyment of amenities and conveniences rendered possible by such work shall be payable by the person or persons enjoying such amenities and conveniences.
(3) The expenses referred to in sub-section (2) shall be recoverable from the person
For the purpose of ventilating any drain or cesspool, whether vested in Council or not, the Chairperson may, in accordance with bye-laws made in this behalf, erect upon any premises or affix to the outside of any building or to any tree any such shaft or pipe as many appear to him to be necessary.
(1) Where it appears to the Chairperson that there are reasonable grounds for believing that a private drain or cesspool is in such condition as to be prejudicial to health or a nuisance or that a private drain communicating directly or indirectly with a municipal drain is so defective as to admit sub-soil water, he may examine its condition, and for that purpose may apply any test, other than a test by water under pressure, and if he deems it necessary, open the ground.
(2) If on examination the drain or cesspool is found to be in proper condition, the Chairperson shall, as soon as possible, re-instate any ground which has been opened by him and make good any damage done by him.
(1) The Council shall receive bulk supply of water from, and deliver in bulk all the sewage to, the authority prescribed by the Central Government.
(2) The Council shall be entitled to receive bulk supply of water from, and to deliver in bulk all die sewage to, the authority prescribed under sub-section (1) subject to such charges for the supply of water in bulk to the Council and the delivery of sewage of the area of New Delhi as may be determined by means of an agreement entered into between that other authority and the Council. The agreement mentioned in this sub-section shall provide also for a stipulation therein that in case of any dispute about the payments to be made to that other authority by the Council, the matter shall be referred to the Central Government whose decision thereon shall be final and binding on both parties.
The Central Government may for reason to be recorded, direct that any specified work, repair, renewal or replacement which is to be undertaken by or for the Council under this Chapter, shall be carried out on behalf of the Council by the Central Government and the Council shall pay the charges therefor at the rates and subject to the terms for the time being applicable in the ease of works constructed by that Government on behalf of a local authority.
(1) No person other than a licensed plumber shall execute any work described in this Chapter and no person shall permit any such work to be executed except by a licensed plumber.
Provided that if, in the opinion of the Chairperson, the work is of a trivial nature, he may grant permission in writing for the execution of such work by a person other than a licensed plumber.
(2) Every person who employs a licensed plumber to execute any work shall, when so required, furnish to the Chairperson the name of such plumber.
(3) When any work is executed except in accordance with the provisions of sub-section (1), such work shall be liable to be dismantled at the discretion of the Chairperson without prejudice to the right of the Council to prosecute under this Act the person at whose instance such work
(a) wilfully obstruct any person acting under the authority of the Council, or the Chairperson, in setting out the lines of any works or pull up or remove any pillar, post or stake fixed in the ground for the purpose of setting out lines of such work, or deface or destroy any works made for the same purpose; or
(b) wilfully or negligently break, injure, turn on, open, close, shut off or otherwise interfere with any lock, cock, valve, pipe, meter or other work or apparatus belonging to the Council; or
(c) unlawfully obstruct the flow of, or flush, draw off, or divert, or take water from any water work belonging to the Council; or
(d) unlawfully obstruct the flow of, or flush, draw off, divert or take sewage from any sewage work belonging to the Council or break or damage any electrical transmis
(1) It shall be the duty of the Council todevelop and maintain an efficient, coordinated and economical system ofelectricity supply for New Delhi area under its jurisdiction and for thatpurpose to take steps from time to time--
(a)acquiring supplies of electricity and its distribution to consumers;
(b)for preparing and carrying out in accordance with rules made is this behalfschemes for distribution of electricity.
(2) Inthe discharge of its functions in relation to electricity supply, the Councilshall, as far as practicable--
(a)promote the use of all economical methods of transmitting and distributingelectricity;
(b)secure the development of supplies of electricity;
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(1) The Council may take steps to manufacture, purchase, sell or let on hire on the execution of a hire purchase agreement or otherwise, any electrical machinery, control gear, fittings, wires or apparatus for lighting, heating, cooling or motive power or for any other purpose for which electricity can or may be used, or any industrial or agricultural machinery operated by electricity, and to install, connect, repair maintain or remove such machinery, control gear, fitting, wires or apparatus and in respect thereof demand and take such remuneration or rents and charges and make such terms and conditions as it deems fit.
(2) The Council may also maintain shops and show rooms for the display, sale or hire of machinery, control gear, fittings, wires or apparatus as aforesaid, conduct displays, exhibitions and demonstrations thereof and generally do all things, including advertising in
Subject to the provision of this Act the Council shall in respect of the New Delhi areas under its jurisdiction have all the powers and obligations of a licensee under the Electricity Act, 1910, and this Chapter shall be deemed to be the licence of the Council for the purposes of that Act.
Provided that nothing in sections 3 to 12 of, or in Clauses I to IX of the Schedule to, that Act relating to the duties and obligations of a licensee shall apply to the Council.
(1) No building, wall or other structureshall be newly erected and no street or railway shall be constructed over, orin such a manner as to interfere with, any work constructed or maintained forthe purposes of the electric supply except with the written permission of the Chairperson.
(2) TheChairperson may cause any building, wall or other structure erected, or anystreet or railway constructed in contravention of sub-section (1), to beremoved or otherwise dealt with as he deems fit, and the expenses incurredtherefor shall be paid by the person or authority responsible and shall berecoverable from such person or authority as an arrear of tax under this Act.
(1) The Council may enter into an agreement with any licensee within or outside New Delhi in regard to the purchase of electricity and price thereof and within New Delhi in regard to sale and price thereof or in regard to operation or control of any generating station or main transmission line and notwithstanding anything contained in any law or in any licence, memorandum of association or other instrument regulating the constitution and powers of the licensee, it shall be lawful for the licensee to enter into and carry out any agreement.
(2) In entering into an agreement under this section the Council shall not show any undue preference to any licensee.
Subject to the provisions of any law for thetime being in force, charges shall be leviable for the supply of electricity bythe Council at such rates as may, from time to time, be fixed by the Council.
(1) The Council shall receive bulk supply ofelectricity from the authority which may be prescribed by the Central Government.
(2) TheCouncil shall be entitled to receive bulk supply of electricity from thatauthority prescribed by the Central Government subject to such terms andconditions as may be determined by means of a contract entered into betweenthat other authority and the Council. The contract mentioned in thissub-section shall provide also for a stipulation therein that disputes betweenthat other authority and the Council in regard to any matter relating to thebulk supply of electricity to the Council shall be referred to the CentralGovernment whose decision thereon shall be final and binding on both parties.
(1) All streets within New Delhi which are or at any time become public streets and the pavements, stones and other materials thereof shall vest in the Council.
Provided that no public street which immediately before the commencement of this Act vested in the Union shall, unless the Central Government with the consent of the Council so directs, vest in the Council by virtue of this sub-section.
(2) All public streets vesting in the Council shall be under the control of the Chairperson and shall be maintained, controlled and regulated by him in accordance with the bye-laws made in this behalf.
(1) The Chairperson shall, from time to time, cause all public streets vested in the Council to be levelled, metalled or paved, channelled, altered or repaired, and may widen, extend or otherwise improve any such street or cause the soil thereof to be raised, lowered or altered or may place and keep in repair fences and posts for the safety of foot passengers.
Provided that no widening, extension or other improvement of a public street, the aggregate cost of which will exceed one lakh rupees, shall be undertaken by the Chairperson except with previous sanction of the Council.
(2) With the previous sanction of the Council, the Chairperson may permanently close the whole or any part of a public street.
Provided that before according such sanction the Council shall by notice, published in the man
Whenever any public street or a part thereof is permanently closed under sub-section (2) of section 203 the site of such street or of the portion thereof may be disposed of as land vesting in the Council
The Chairperson may at any time with the previous sanction of the Council,--
(a) lay out and make new public streets;
(b) construct bridges and sub-ways;
(c) turn or divert any existing public street; and
(d) lay down and determine the position and direction of a street or streets in any part of New Delhi notwithstanding that no proposal for the erection of any building in the vicinity has been received.
The Chairperson shall, from time to time, with the sanction of council, specify the minimum width of different classes of new public streets according to the nature of the traffic likely to be carried thereon, and the streets with which they join at one or both ends, the localities in which they are situated, the heights up to which buildings abutting thereon may be erected and other similar considerations.
(1) The Chairperson may--
(a) prohibit or regulate vehicular traffic in any public street or any portion thereof so as to prevent danger, obstruction or inconvenience to the public or to ensure decongestion or smooth flow or quietness in any locality;
(b) prohibit or regulate in respect of all public streets, or any particular public street, the transit of any vehicle of such form, construction weight or size or laden with such heavy or unwiedly objects as may be likely to cause injury to the road-ways or any construction thereon, except under such conditions as to time, mode of traction or locomotion, use of appliances for the protection of roadways, number of lights and assistants and other general precautions and upon the payment of such chargers as may be specified by the Chairperson generally or specially in each case; and
(1) Subject to the provisions contained in Chapter X, the Chairperson may--
(a) acquire any land required for the purpose of opening, widening, extending or otherwise improving any public street or of making any new public street, and any building standing upon such land;
(b) acquire in relation to any such land or building, all such land with buildings, if any, thereon as the Council may think expendient to acquire outside of the regular line, or of the intended regular line, of such street;
(c) acquire any land for the purpose of laying out or making a public parking place.
(1) The Chairperson may define a line on one or both sides of any public street in accordance with the bye-laws made in this behalf and may, with the previous sanction of the Council, redefine at any time any such regular line.
Provided that, before according sanction the Council shall by public notice afford reasonable opportunity to the residents or premises abutting on such public street to make suggestions or objections with respect to the proposed redefined line of the street and shall consider all such suggestions or objections which may be made within one month from the date of the publication of the said notice.
Provided further that the regular line of any public street operative under any law in force in any part of New Delhi immediately before the commencement of this Act shall be deemed to be a line defined by the Chairperson
(1) If any part of a building abutting on a public street is within the regular line of that street, the Chairperson may, whenever it is proposed--
(a) to repair, rebuild or construct such building or to take down such building to an extent exceeding one-half thereof above the ground level, such half to be measured in cubic metres; or
(b) to repair, remove, constructor reconstruct or make any additions to, or structural alterations of, any portion of such building, which is within the regular line of the street;
by any order which he issues concerning the addition to, rebuilding construction, repair or alterations of, such building, require such building to be set back to the regular line of the street.
(2) When any building or any part thereof with
(1) Where any building or any part thereof is within the regular line of a public street and in the opinion of the Chairperson it is necessary to set back the building or part thereof to the regular line of the street he may, by notice served on the owner in accordance with the provisions of this Act, require him to show cause within such period as may be specified in the notice as to why such building or part thereof which is within the regular line of the street should not be pulled down and the land within the regular line acquired by the Chairperson on behalf of the Council.
(2) If such owner fails to show cause as required by sub-section (1) the Chairperson may require the owner by another notice to be served on him in accordance with the provisions of this Act, to pull down the building or part thereof which is within the regular line of the street within such period as is sp
If any land, whether open or enclosed, not vesting in the Council and not occupied by any building is within the regular line of a public street or if a platform, verandah, step, compound wall, hedge, or fence or some other structure external to a building abutting on a public street or a portion of such platform, verandah, step, compound wall, hedge, fence or other structure is within the regular line of such street, the Chairperson may, after giving to the owner of the land or building not less than seven clear days' notice of his intention so to do, take possession on behalf of the Council of the said land with its enclosing wall, hedge or fence, if any, or of the said platform, verandah, step, compound wall, hedge, fence or other structure or of any portion thereof which is within the regular line of the public street and, if necessary, clear the same and the land so acquired shall thereupon be deemed to be a part of the
(1) Where a land or building is partly within the regular line of a public street and the Chairperson is satisfied that the land remaining after the excision of the portion within the said line will not be suitable or fit for any beneficial use, he may, at the request of the owner, acquire such land in addition to the land within the said line and such surplus land shall be deemed to be a part of the public street and shall vest in the Council.
(2) Such surplus land may thereafter, be utilised for the purpose of setting forward a building under section 214.
The Chairperson may, upon such terms as he thinks fit, allow any building to be set forward for the purpose of improving the regular line of a public street and may, with the approval of the Council, by notice require any building to be set forward in the case of reconstruction thereof or of a new construction.
Explanation-- For the purpose of this section a wall separating any premises from a public street shall be deemed to be a building, and it shall be deemed a sufficient compliance with permission or requisition to set forward a building to the regular line of a street if a wall of such material and dimensions as are approved by the Chairperson is erected along the said line.
(1) Compensation shall be paid by the Chairperson to the owner of any building or land acquired for a public street under the provisions of sections 210, 211 and 212 for any loss which such owner may sustain in consequence of his building or land being so acquired and for any expense incurred by such owner in consequence of any order made by the Chairperson.
Provided that--
(a) any increase or decrease in the value of the remainder of the property of which the building or land so acquired formed part, likely to accrue from the setting back to the regular line of the street shall be taken into consideration and allowed for in determining the amount of such compensation;
(b) if any such increase in the value exceeds the amount of loss sustained or expenses incurred by the owner, the Chairperson
If the owner of any land utilizes, sells, leases out or otherwise disposes of such land for the construction of buildings thereon he shall lay down and make a street or streets giving access to the plots into which the land may be divided and connecting with an existing public or private street.
(1) Before utilizing, selling or otherwise dealing with any land under section 216, the owner thereof shall send to the Chairperson a written application with a layout plan of the land showing the following particulars, namely:--
(a) the plots into which the land is proposed to be divided for the erection of buildings thereon and the purpose or purposes for which such buildings are to be used;
(b) the reservation or allotment of any site for any street, open space, park, recreation ground, school, market or any other public purpose;
(c) the intended level, direction and width of street or streets;
(d) the regular line of street or streets;
(e) the arrangement to be made for levelling, paving, metalling, f
(1) If any person lays-out or makes any street referred to in section 217 without or otherwise than in conformity with the orders of the Council, the Chairperson may, whether or not the offender be prosecuted under this Act, by notice--
(a) require the offender to show cause by a written statement signed by him and sent to the Chairperson on or before such date as may be specified in the notice, why such street should not be altered to the satisfaction of the Chairperson or if such alteration be impracticable, why such street should not be demolished; or
(b) require the offender to appear before the Chairperson either personally or by a duly authorised agent on such day and at such time and place as may be specified in the notice and show cause as aforesaid.
(2) If any person on whom such noti
(1) If any private street or part thereof is not levelled, paved, metalled, flagged, chanelled, sewered, drained, conserved or lighted to the satisfaction of Chairperson, he may by notice require the owners of such street or part and the owners of the lands and buildings fronting or abutting on such street or part to carry out any work which in his opinion may be necessary, and within such time as may be specified in such notice.
(2) If such work is not carried out within the time specified in the notice, the Chairperson, may, if he thinks fit, execute it and the expenses incurred shall be paid by the owners referred to in sub-section (1) in such proportion as may be determined by the Chairperson and shall be recoverable from them as an arrear of tax under this Act.
If any street has been levelled, paved, metalled, flagged, channelled, sewered, drained conserved and lighted under the provisions of section 219, the Chairperson may, and on the requistion of a majority of the owners referred to in sub-section (1) of that section shall, declare such a street to be a public street and there upon the street shall vest in the Council.
(1) Except as provided in section 222, no person shall erect, set up, add to, or place against or in front of any premises any structure or fixture which will--
(a) over hang, jut or project into or in any way encroach upon, and obstruct in any way the safe or convenient passage of the public along any street, or
(b) jut or project into or encroach upon any drain or open channel in any street so as in any way to interfere with the use or proper working of such drain or channel or to impede the inspection of cleansing thereof.
(2) The Chairperson may by notice require the owner or occupier of any premises to remove, or to take such other action as he may direct in relation to, any structure or fixture which has been erected, set up, added to or placed against, or in front of, the said premises
(1) The Chairperson may give a written permission, on such terms and on payment of such fee as he in each case thinks fit, to the owner or occupier of the building abutting on any street.--
(i) to erect an arcade over such street or any portion thereof; or
(ii) to put up a verandah, balcony, arch, connecting passage, sunshade, weather frame, canopy owning or other such structure or thing projecting from any storey over or across any street or portion thereof.
Provided that no permission shall be given by the Chairperson for the erection of an arcade in any public street in which construction of an arcade has not been generally sanctioned by the Council.
(2) The Chairperson may at any time by notice require the owner or occupier of any building to re
The Chairperson may at any time by notice require the owner of any premises on the ground floor of which any door, gate, bar, or window opens outwards upon a street or upon any land required for the improvement of a street in such manner, as in the opinion of the Chairperson, to obstruct the safe or convenient passage of the public along such street, to have the said door, gate, bar or window altered so as not to open outwards.
(1) No person shall, except with the permission of the Chairperson granted in this behalf, erect or set up any wall, fence, rail, post, step, booth or other structure whether fixed or movable or whether of a permanent or temporary nature, or any fixture in or upon any street or upon over any open channel, drain, well or tank in any street so as to form an obstruction to, or an encroachment upon, or a projection over, or to occupy any portion of such street, channel, drain, well or tank.
(2) Nothing in this section shall apply to any erection or thing to which clause (c) of sub-section (1) of section 229 applies.
(1) No person shall, except with the permission of the Chairperson and on payment of such fee as he in each case thinks fit, place or deposit upon any street, or upon any open channel, drain or well in any street or upon any public place any stall, chair, bench, box, ladder, bale or other thing whatsoever so as to form an obstruction thereto or encroachment thereon.
(2) Nothing in sub-section (1) applies to building material.
The Chairperson may, without notice, cause to be removed--
(a) any stall, chair, bench, box, ladder, bale, or other thing whatsoever, placed, deposited, projected, attached or suspended in, upon, from or to any place in contravention of this Act.
(b) any article whatsoever hawked or exposed for sale on any public street or in other public place in contravention of this Act and any vehicle, package, box or any other thing in or on which such article is placed.
(1) No person shall tether any animal or cause or permit the same to be tethered in any public street or public place.
(2) No person shall milk or cause or permit to be milked any cow or buffalo in any street or public place.
(3) Any animal tethered or any cow or buffalo found being milked as aforesaid in any street may be removed by the Chairperson or any municipal officer or employee and be impounded and dealt with under the provisions of the Cattle-trespass Act, 1871 (1 of 1871).
(1) The Chairperson shall, so far as is practicable, during the construction or repair of any public street, or any municipal drain or any premises vested in the Council--
(a) cause the same to be fenced and guarded,
(b) take proper precautions against accident by shoring up and protecting the adjoining buildings,
(c) cause such bars, chains or posts to be fixed across or in any street in which any such work of construction or repair is under execution as are necessary in order to prevent the passage of vehicles or animals and avert danger.
(2) The Chairperson shall cause such street, drain or premises to be sufficiently lighted or guarded during night while under construction or repair.
(3) The Chairpers
(1) No person other than the Chairperson or a municipal officer or other municipal employee shall, without the written permission of the Chairperson--
(a) open, break up, displace, take up or make any alteration in, or cause any injury to the soil or pavement or any wall, fence, post chain or other materials or thing forming part of any street; or
(b) deposit any building materials in any street; or
(c) set up in any street any scaffold or any temporary erection for the purpose of any work whatever, or any posts, bars, rails, boards or other things by way of an enclosure, for the purpose of making mortar or depositing bricks, lime, rubbish or other materials.
(2) Any permission granted under clause (b) or clause (c) of sub-section (1) shall be termi
(1) Any of the things caused to be removed by the Chairperson under this Chapter shall, unless the owner thereof turns up to take back such thing and pays to the Chairperson the charges for the removal and storage of such thing, be disposed of by the Chairperson by public auction or in such other manner and within such time as the Chairperson thinks fit.
(2) The charges for removal and storage and sale of the thing sold under sub-section (1) shall be paid out of the proceeds of the sale thereof and the balance, if any, shall be paid to the owner of the thing sold on a claim being made therefor within a period of one year from the date of sale, and if no such claim is made within the said period, shall be credited to the New Delhi Municipal Fund.
(1) The Chairperson may--
(a) with the sanction of the Council determine the name or number by which any street or public place vested in the Council shall be known;
(b) cause to be put up or painted at a conspicuous part of any building, wall or place at or near each end, corner or entrance of such street or on some convenient part of such street, the name or number by which it is to be known;
(c) cause to be put up or painted on boards of suitable size the name of any public place vested in the Council;
(d) determine the number or sub-number by which any premises or part of such premises shall be known and cause such number or sub-number to be fixed to the side or outer door of such premises or to some place at the entrance of the enclosure there(
(1) If any place is, in the opinion of the Chairperson, for want of sufficient repair or protection or enclosure, or owing to some work being carried on thereupon, dangerous or causing inconvenience to passengers along a street or to other persons including the owner or occupier of the said place, who have legal access thereto or to the neighbourhood thereof, the Chairperson may by notice in writing require the owner or occupier of such place to repair, protect or enclose the same or take such other step as shall appear to the Chairperson necessary in order to prevent the danger or inconvenience arising therefrom.
(2) The Chairperson may before giving any such notice or before the period of any such notice has expired, take such temporary measures as he thinks fit to prevent the danger or inconvenience arising therefrom; and any expense incurred by the Chairperson in taking such te
The Chairperson shall--
(a) take measures for lighting in a suitable manner all such public streets and public places as may be specified by him;
(b) procure, erect and maintain such number of lamps, lamp posts and other appurtenances as may be necessary for the said purpose;
(c) cause such lamps to be lighted by means of oil, electricity or such other light as he may determine.
(1) No person shall, without lawful authority, take away or wilfully or negligently break or throw down or damage--
(a) any lamp or any appurtenance of any lamp or lamp post or lamp iron set up; in any public street or any public place;
(b) any electric wire for lighting such lamp;
(c) any post, pole, standard, stay, strut, bracket or other contrivance for carrying, suspending or supporting any electric wire or lamp.
(2) No person shall wilfully or negligently extinguish the light of any lamp set up in any public street or any public place.
(3) If any person wilfully or through negligence or accident breaks, or causes any damage to any of the things described in sub-section (1), he shall in addition to an
Notwithstanding anything contained in any other provisions of this Act, theChairperson shall exercise his powers and discharge his functions under thisChapter, under the general superintendence, direction and control of theCentral Government.
In this Chapter, unless the context otherwise requires, the expression "to erect a building" means--
(a) to erect a new building on any site whether previously built upon or not;
(b) tore-erect--
(i)any building of which more than one-half of the cubical contents above thelevel of the plinth have been pulled down, burnt or destroyed; or
(ii)any building of which more than one-half of the superficial area of theexternal walls above the level of the plinth has been pulled down; or
(iii)any frame building of which more than-half of the number of the columns orbeams in the external walls have been pulled down;
(c) toconvert into a dwelling house any building or any
(1) No person shall erect or commence to erect any building or execute any of the works specified in section 239 except with the previous sanction of the Chairperson not otherwise than in accordance with the provisions of this Chapter and of the bye-laws made under this Act in relation to the erection of buildings or execution of works.
(2) In such areas as may be specified by bye-laws made in this behalf, no roof, verandah, pandal or wall of a building or no shed or fence shall be constructed or reconstructed of cloth, grass leaves, mats or other inflammable materials except with the written permission of the Chairperson, nor shall any such roof, verandah, pandal, wall, shed or fence constructed or reconstructed in any year be retained in a subsequent year except with fresh permission obtained in this behalf.
(1) Every person who intends to erect a building shall apply for sanction by giving notice in writing of his intention to the Chairperson in such form and containing such information as may be prescribed by bye-laws made in this behalf.
(2) Every such notice shall be accompanied by such documents and plans as may be so prescribed.
(1) Every person who intends to execute anyof the following works, that is to say,--
(a) tomake any addition to a building;
(b) tomake any alteration or repairs to a building involving the removal orre-erection of any external or partly wall thereof or of any wall whichsupports the roof thereof to an extent exceeding one-half of such wall abovethe plinth level, such half to be measured in superficial metres;
(c) tomake any alteration or repairs to a frame building involving the removal or re-erectionof more than one-half of the columns or posts in any such wall thereof asaforesaid; or involving the removal or re-erection of any such wall thereof asaforesaid to an extent exceeding one-half of such wall above plinth level, suchhalf to be measured in superficial metres;
(1) A person giving the notice required by section 238 shall specify the purpose for which it is intended to use the building to which such notice relates; and a person giving the notice required by section 239, shall specify whether the purpose for which the building is being used is proposed or likely to be changed by the execution of the proposed work.
(2) No notice shall be valid until the information required under subjection (1) and any further information and plans which may be required by bye-laws made in this behalf have been furnished to the satisfaction of the Chairperson alongwith the notice.
(1) The Chairperson shall sanction the erection of a building or the execution of a work unless such building or work would contravene any of the provisions of sub-section (2) of this section or the provisions of section 245.
(2) The grounds on which the sanction of a building or work may be fused shall be the following, namely:--
(a) that the building or work or the use of the site for the building or work or any of the particulars comprised in the site plan, ground plan, elevation, section or specification would contravene the provisions of any bye-law made in this behalf or of any other law or rule, bye-law or order made under such other law;
(b) that the notice for sanction does not contain the particulars or is not prepared in the manner required under the bye-laws made in this behalf;
(1) Where within a period of sixty days or in cases falling under clause (b) of section 236 within a period of thirty days, after the receipt of any notice under section 238 or section 239 or of the further information, if any, required under section 240, the Chairperson does not refuse to sanction the building or work or upon refusal, does not communicate the refusal to the person who has given the notice, the Chairperson shall be deemed to have accorded sanction to the building or work and the person by whom the notice has been given shall be free to commence and proceed with the building or work in accordance with his intention as expressed in the notice and the documents and plans accompanying the same.
Provided that if it appears to the Chairperson that the site of proposed building or work is likely to be affected by any scheme of acquisition of land for any public purpose or
If at any time after the sanction of any building or work has been accorded, the Chairperson is satisfied that such sanction was accorded in consequence of any material misrepresentation or fraudulent statement contained in the notice given or information furnished under sections 238, 239 and 240, he may by order in writing cancel for reasons to be recorded such sanction and any building or work commenced, erected or done shall be deemed to have been commenced, erected or done without such sanction;
Provided that before making any such order the Chairperson shall give reasonable opportunity to the person affected as to why such order should not be made.
The Chairperson may require any building intended to be erected at the corner of two streets to be rounded off or splayed or cut off to such height and to such extent as he may determine, and may acquire such portion of the site at the corner as he may consider necessary for public convenience or amenity.
(1) The erection of any building on either side of a new street may be refused by the Chairperson unless and until such new street has been levelled, and wherever in the opinion of the Chairperson practicable, metalled or paved, drained, lighted and laid with a water main to its satisfaction.
(2) The erection of any such building or the execution of any such work may be refused by the Chairperson if such building or any portion thereof or such work comes within the regular line of any street, the position and direction of which has been laid down by the Chairperson but which has not been actually constructed or if such building or any portion thereof or such work is in contravention of any building or any other scheme or plan prepared under this Act or any other law for the time being in force.
The Chairperson, when sanctioning the erection of a building or execution of a work, shall specify a reasonable period after the commencement of the building or work within which the building or work is to be completed any if the building or work is not completed within the period so specified, it shall not be continued thereafter without fresh sanction obtained in the manner hereinbefore provided, unless the Chairperson on application made therefor has allowed an extension of that period.
(1) Where the erection of any building or execution of any work has been commenced, or is being carried on, or has been completed without or contrary to the sanction referred to in section 241 or in contravention of any condition subject to which such sanction has been accorded or in contravention of any of the provisions of this Act or bye-laws made thereunder, the Chairperson may, in addition to any other action that may be taken under this Act, make an order directing that such erection or work shall be demolished by the person at whose instance the erection or work has been commenced or is being carried on or has been completed, within such period (not being less than five days and more than fifteen days from the date on which a copy of the order of demolition with a brief statement of the reasons therefor has been delivered to that person), as may be, specified in the order of demolition.
(1) Where the erection of any building or execution of any work has been commenced or is being carried on (but has not been completed) without or contrary to the sanction referred to in section 241, or in contravention of any condition subject to which such sanction has been accord ed or in contravention of any provisions of this Act or bye-laws made thereunder, the Chairperson may in addition to any other action that may be taken under this Act, by order require the person at whose instance the building or the work has been commenced or is being carried on to stop the same forthwith.
(2) If an order made by the Chairperson under section 247 or under sub-section (1) of this section directing any person to stop the erection of any building or execution of any work is not complied with, the Chairperson may require any police officer to remove such person and all his assistants and wo
(1) The Chairperson may at any time during the erection of any building or execution of any work or at any time after the completion thereof by a written notice of not less than seven days specify any matter in respect of which such erection or execution is without or contrary to the sanction referred to in section 241 or is in contravention of any condition of such sanction or any of the provisions of this Act or any bye-laws made thereunder and require the person who gave the notice under section 238 or section 239 or the owner of such building or work either--
(a) to make such alterations as may be specified in the said notice with the object of bringing the building or work in conformity with the said sanction, condition or provisions; or
(b) to show cause why such alterations should not be made, within a period stated in the notice.
(1) It shall be lawful for the Chairperson, at any time, before or after making an order of demolition under section 247 or of the stoppage of the erection of any building or execution of any work under section 247 or under section 248, to make an order directing the sealing of such erection or work or of the premises in which such erection or work is being carried on or has been completed in the manner prescribed by rules, for the purpose of carrying out the provisions of this Act, or for preventing any dispute as to the nature and extent of such erection or work.
(2) Where any erection or work or any premises in which any erection or work is being carried on, has or have been sealed, the Chairperson may, for the purpose of demolishing such erection or work in accordance with the provisions of this Act, under such seal to be removed.
(3
(1) Every person who employs an architect registered with the Council or an architects or an engineer or a person approved by the Chairperson to design or erect a building or execute any work shall, within one month after the completion of the erection of the building or execution of the work, deliver or send or cause to be delivered or sent to the Chairperson a notice in writing of such completion accompanied by a certificate in the form prescribed by bye-laws made in this behalf and shall give to the Chairperson all necessary facilities for the inspection of such building or work.
(2) No person shall occupy or permit to be occupied any such building or use or permit to be used any building or a part thereof effected by any such work until permission has been granted by the Chairperson in this behalf in accordance with bye-laws made under this Act.
No person shall, without the written permission of the Chairperson, or otherwise than in conformity with the conditions, if any, of such permission--
(a) use or permit to be used for human habitation any part of a building not originally erected or authorised to be used for that purpose or not used for that purpose before any alteration has been made therein by any work executed in accordance with the provisions of this Act and the bye-laws made thereunder;
(b) change or allow the change of the use of any land or building;
(c) convert or allow the conversion of one kind of tenement into another kind.
(1) The Central Government shall, by notification in the Official Gazette, constitute one or more Appellate Tribunals with headquarters at Delhi or New Delhi, for deciding appeals preferred under section 247 or section 254.
(2) An Appellate Tribunal shall consist of one person to be appointed by the Central Government on such terms and conditions of service as may be prescribed by rules.
(3) A person shall not be qualified for appointment as the presiding officer of an Appellate tribunal unless he is, or has been, a district judge or an additional district judge or has, for at least ten years, held a judicial office in India.
(4) The Central Government may, if it so thinks fit, appoint one or more persons having special knowledge of, or experience in, matters involved in such appeals, to act a
(1) Any person aggrieved by any of the following orders made or notices issued under this Act, may prefer an appeal against such order or notice to the Appellate Tribunal namely:--
(a) an order according or disallowing sanction to a lay-out plan under section 217;
(b) an order directing the alteration or demolition of any street under section 218;
(c) a notice under sub-section (1) of section 219;
(d) a notice under sub-section (2) of section 221;
(e) an order directing the disposal of things removed under Chapter XIII or seized under section 248, or an order rejecting the claim of any person for the balance of the proceeds of sale of things so disposed of;
(f)
(1) The Appellate Tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or annulling the order or notice appealed against or may refer the case back to the authority or officer against whose order or notice the appeal is filed, for a fresh order or notice, after taking additional evidence, if necessary, or such other action as the Appellate Tribunal may specify.
(2) The Appellate Tribunal shall send a copy of every order passed by it to the parties to the appeal.
(3) No Appellate Tribunal shall, in any appeal pending before it in respect of any order or notice under this Act, make an interim order (whether by way of injunction or stay) against the Council or against any officer or servant of the Council acting or purporting to act in his offic
(1) An appeal shall lie to the Administrator, against an order of the Appellate Tribunal made in an appeal under section 247 or section 254, confirming, modifying or annulling an order made or notice issued under this Act.
(2) The provisions of sub-sections (2) and (3) of section 254 and section 255 and the rules made thereunder, shall, so far as may be, apply to the filing and disposal of an appeal under this section as they apply to the filing and disposal of an appeal under those sections.
(3) An order of the Administrator on an appeal under this section, and subject only to such order, an order of the Appellate Tribunal under section 254, and subject to such orders of the Administrator or an Appellate Tribunal, an order or notice referred to in sub-section (1) of that section, shall be final.
(1) After the commencement of this Act, no court shall entertain any suit, application or other proceedings in respect of any order or notice appealable under section 247 or section 254 and no such order or notice shall be called in question otherwise than by preferring an appeal under those sections.
(2) Notwithstanding anything contained in sub-section (1), every suit, application or other proceeding pending in any court immediately before the commencement of this Act, in respect of any order or notice appealable under section 247 or section 254, shall continue to be dealt with and disposed of by that court as if the said section had not been brought into force.
(1) If it appears to the Chairperson at any time that any building is in a ruinous condition, or likely to fall, or in any way dangerous to any person occupying, resorting to or passing by such building or any other building or place in the neighbourhood of such building, the Chairperson may, by order in writing, require the owner or occupier of such building to demolish, secure or repair such building or do one or more of such things within such period as may be specified in the order, so as to prevent all cause of danger therefrom.
(2) The Chairperson may also, if he thinks fit, require such owner or occupier by the said order either forthwith or before proceeding to demolish, secure or repair the building, to set up a proper and sufficient hoard or fence for the protection of passers-by and other person, with a convenient platform and handrail wherever practicable to serve as af
(1) The Chairperson may by order in writing direct mat any building which in his opinion is in a dangerous condition or is not provided with sufficient means of egress in case of fire or is occupied in contravention of section 251 be vacated forthwith or within such period as may be specified in the order.
Provided that at the time of making such order the Chairperson shall record a brief statement of the reasons therefor.
(2) If any person fails to vacate the building in pursuance of such order the Chairperson may direct any police officer to remove such person from the building and the police officer shall comply with such direction accordingly.
(3) The Chairperson shall, on the application of any person who has vacated, or been removed from any building in pursuance of an order made by him,
(1) The Central Government may, by notification in the Official Gazette, make bye-laws for carrying out theprovisions 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 beenmade 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 suspended under the provision of this section.
(2) In particular and without prejudice to the generality of the foregoing power, such bye-lawsmay provide for all or any of the following matters, namely:--
(a)the regulation or restriction of the use of sites for buildi
(1) For the purpose of securing the efficient scavenging and cleansing of all streets and premises, the Chairperson shall provide--
(a) for the daily surface-cleansing of all streets and the removal of the sweepings therefrom, and
(b) for the removal of the contents of all receptacles and depots and of the accumulations at all places provided or appointed by him under the provisions of this Act for the temporary deposit of rubbish, filth and other polluted and obnoxious matter.
(2) The Chairperson may, by public notice, issue directions as to the time at which, the manner in which, and the conditions subject to which, any matter referred to in sub-section (1) may be removed along a street or may be deposited or otherwise disposed of.
All matters deposited in public receptacles, depots and places provided or appointed under section 263 and all matters collected by municipal employees or contractors in pursuance of section 261 and section 265 shall be the property of the Council.
(1) The Chairperson shall--
(a) provide or appoint in proper and convenient situations public receptacles, depots or places for the temporary deposit of rubbish, filth and other polluted and obnoxious matter and for the final disposal of rubbish, filth and other polluted and obnoxious matter;
(b) provide dustbins for the temporary deposit of rubbish;
(c) provide vehicles or other suitable means for the removal of rubbish and offensive matter; and
(d) provide covered vehicles or vessels for the removal of filth and other polluted and obnoxious matter.
(2) Different receptacles, depots or places may be provided or appointed for the temporary deposit or final disposal of any of the matters specified in sub-s
It shall be the duty of the owners and occupiers of all premises--
(a) to have the premises swept and cleaned;
(b) to cause all filth, rubbish and other polluted and obnoxious matter to be collected from their respective premises and to be deposited at such times as the Chairperson, by public notice prescribes, in public receptacles, depots or places provided or appointed under section 263 for the temporary deposit or final disposal thereof;
(c) to provide receptacles of the type and in the manner prescribed by the Chairperson for the collection therein of all filth, rubbish and other polluted and obnoxious matter from such premises and to keep such receptacles in good condition and repair.
(1) It shall be the duty of the owner and occupier of every premises situate in any portion of New Delhi in which there is not a latrine, or urinal connected by a drain with a municipal drain, to cause all filth and polluted and obnoxious matter accumulating upon such premises to be collected and removed to the nearest receptacle or depot provided for this purpose under section 263 at such times, in such vehicle or vessel by such route and with such precautions as the Chairperson may by public notice prescribe.
(2) It shall be lawful for the Chairperson to take or cause to be taken measures for the daily collection, removal and disposal of all filth and polluted and obnoxious matters from latrines, urinals and cesspools not connected by a drain with a municipal drain from all premises situate in any portion of New Delhi.
(3) In such port
The Chairperson may, if he thinks fit,--
(a) by written notice require the owner or occupier of any premises used for carrying on any manufacture, trade or business or used as a factory, workshop, trade premises or market or in any way so that rubbish, filth and other polluted and obnoxious matter are accumulated in large quantities, to collect all such rubbish, filth and other polluted and obnoxious matter accumulating thereon and to remove the same at such times and in such carts or receptacles and by such routes as may be specified in the notice to a depot or place provided or appointed under section 263, or
(b) after giving such owner or occupier notice of his intention, cause all rubbish, filth and other polluted and obnoxious matter accumulated in such premises to be removed, and charge the said owner or occupier for such removal s
(1) No owner or occupier of any premises shall keep or allow to be kept for more than twenty-four hours or otherwise than in a receptacle approved by the Chairperson, any rubbish, filth and other polluted and obnoxious matter on such premises or any place belonging thereto or neglect to employ proper means to remove such rubbish, filth and other polluted and obnoxious matter from, or to cleanse, such receptacle and to dispose of such rubbish, filth and other polluted and obnoxious matter in the manner directed by the Chairperson, or fail to comply with any requisition of the Chairperson as to the construction, repair, pavement or cleansing of any latrine, or urinal on or belonging to the premises.
(2) No owner or occupier shall allow the water of any sink, drain, latrine or urinal or any rubbish, filth and other polluted and obnoxious matter to run down on or to, or be thrown or pu
No owner or occupier of any permises shall allow or cause to be allowed any air pollutant above the standards, laid down under clause (g) of sub-section (1) of section 17 of the Air (Prevention and Control of Pollution) Act 1981, (14 of 1981).
If any premises are not properly and regularly scavenged or cleansed or are in a filthy and unwholesome condition, the Chairperson may cause them to be scavenged and cleansed and recover the expenses from the owner or, as the case may be, occupier as an arrear of tax under this Act.
(1) The Chairperson shall provide and maintain in proper and convenient places a sufficient number of public latrines and urinals.
(2) Such public latrines and urinals shall be so constructed as to provide separate compartments for each sex and not to be a nuisance, and shall be provided with all necessary conservancy establishments, and shall regularly be cleansed and kept in proper order.
(1) It shall not be lawful to construct any latrine or urinal for any premises except with the written permission of the Chairperson and in accordance with such terms not inconsistent with the provisions of this Act or any bye-laws made thereunder as he may prescribe.
(2) In prescribing any such terms the Chairperson may determine in such case--
(a) whether the premises shall be served by the service system or by the flush system or partly by the one and partly by the other; and
(b) what shall be the site or position of each latrine or urinal.
(3) If any latrine or urinal is constructed on any premises in contravention of the foregoing provisions, the Chairperson may, after giving not less than ten day's notice to the owner or occupier of such premi
Every person employing workmen, labourers or other persons exceeding twenty in number shall provide and maintain for the separate use of persons of each sex so employed, latrines and urinals of such description and number as the Chairperson may by notice require and within such time as may be fixed in the notice and shall keep the same in clean and proper order.
The Chairperson may by notice require any owner or manager of a market, cart stand, cattle shed, theatre, railway station and other places of public resort within such time as may be specified in such notice to provide and maintain for the separate use of persons of each sex, latrines and urinals of such description and number and in such position as may be specified and to keep the same in clean and proper order.
The Chairperson may, by written notice--
(a) require the owner or other person having the control of any private latrine or urinal not to put the same to public use; or
(b) require the owner or other person having the control of such private latrine or urinal which in the opinion of the Chairperson constitutes a nuisance, to remove the latrine or the urinal; or
(c) require any person having the control whether as owner, lessee or occupier of any land or building--
(i) to have any latrine provided for the same shut out by a sufficient roof, wall or fence from the view of persons passing by or dwelling in the neighbourhood; or
(ii) to clean in such manner as the Chairperson may prescribe in the notice any l
(1) Where it appears to the Chairperson that any block of buildings is in an unhealthy condition by reasons of the manner in which the buildings are crowded together, or of the narrowness, closeness, or faulty arrangement of streets, or of the want of proper drainage and ventilation, or of the impracticability of cleansing the buildings or other similar cause, he shall cause the block to be inspected to by the officer authorised by him and such officer shall make a report in writing the Chairperson regarding the sanitary condition of the block.
(2) If upon receipt of such report the Chairperson considers that the sanitary condition of the block is likely to cause risk of disease to the inhabitants of the buildings or of the neighbourhood or otherwise to endanger the public health, he shall with the approval of the Council select the buildings which in his opinion should wholly or i
(1) Where the Chairperson upon information in his possession is satisfied that any building is in any respect unfit for human habitation, he may, unless in his opinion the building is not capable at a reasonable expense of being rendered fit, serve upon the owner of the building a notice requiring him within such time not being less than thirty days as may be specified in the notice to execute the works Of improvement specified therein and stating that in his opinion those works will render the building fit for human habitation.
(2) In addition to serving a notice under this section on the owner the Chairperson may serve a copy of the notice on any other person having an interest in the building whether as a lessee, mortgagee or otherwise.
(3) In determining whether a building can be rendered fit for human habitation at a reasonable expe
If a notice under section 277 requiring the owner of the building to execute works of improvement is not complied with, then after the expiration of the time specified in the notice the Chairperson may himself do or cause to be done the works required to be done by the notice and recover the expenses incurred in connection therewith as an arrear of tax under this Act.
(1) Where the Chairperson upon any information in his possession is satisfied that any building is unfit for human habitation and is not capable at a reasonable expense of being rendered so fit he shall serve upon the owner of the building and upon any other person having an interest in the building, whether as a lessee, mortgagee or otherwise a notice to show cause within such time as may be specified in the notice as to why an order of demolition of the building should not be made.
(2) If any of the person upon whom a notice has been served under sub-section (1) appears in pursuance thereof before the Chairperson and gives an undertaking to him that such person shall, within a period specified by the Chairperson, execute such works of improvement in relation to the building as will in the opinion of the Chairperson, render the building fit for human habitation or an undertaking t
Where the Chairperson upon any information in his possession is satisfied that any hut or shed used as a dwelling house or as a stable or for any other purpose, is likely, by reason of its being constructed without a plinth or upon a plinth of insufficient height or without proper means of drainage or on account of the impracticability of scavenging and cleansing it or owing to the manner in which it and other huts or sheds are crowded together, to cause risk of disease to the inmates thereof or to the inhabitants of the neighbourhood, or is for any reason likely to endanger public health or safety, he may by notice in writing require the owner or occupier of the hut or shed or the owner or occupier of the land on which the hut or shed stands to remove or alter the hut or shed or carry out such improvement thereof as the Chairperson may deem necessary within such time as may be specified in the notice.
(1) The Chairperson may by public notice prohibit the washing of clothes by washermen in the exercise of their callings except at such places as he may appoint for the purpose.
(2) When any such prohibition has been made, no person who is by calling a washerman shall in contravention of such prohibition wash clothes except for himself or for persona) and family service or for hire on or within the premises of the hirer, at any place other than a place appointed under sub-section (1).
Any person being in charge of, or in attendance, whether as a medical practitioner or otherwise, upon any person whom he knows or has reason to believe to be suffering from a dangerous disease, or being the owner, lessee, or occupier of any building in which he knows that any such person is so suffering shall forthwith give information respecting the existence of such disease to the officer specified by the Chairperson for the said purpose.
(1) When any person suffering from any dangerous disease is found to be--
(a) without proper lodging or accomodation; or
(b) living in a room or house which he neither owns or pays rent for nor occupies as the guest or relative of any person who owns, or pays rent for it; or
(c) living in a sarai, dharamshala, hotel, boarding house, hostel, guest house, lodging house, club; or
(d) lodged in premises occupied by members of two or more families;
the Chairperson or any person authorised by him in this behalf, may on the advice of any medical officer of the rank not inferior to that of a general duty medical officer remove the patient to any hospital or place at which persons suffering from such diseases are
Where the Chairperson is of opinion that the cleansing and disinfection of any building or part of a building or of any articles in such building or part which are likely to retain infection, or the renewal of flooring of any building or part of such building, and the renewal of plastering of the walls thereof, would tend to prevent or check the spread of any dangerous disease; he may, by notice in writing, require the owner or occupier to cleanse and disinfect the said building, part or articles, as the case may be, or to renew the said flooring and if necessary, the said plastering also within such time as may be specified in the notice.
Provided that where in the opinion of the Chairperson the owner or occupier is from poverty or any other cause unable effectually to carry out any such requisition, the Chairperson may at the expense of the New Delhi Municipal Fund cleanse and di
(1) Where the destruction of any hut or shed is in the opinion of the Chairperson necessary to prevent the spread of any dangerous disease, the Chairperson may by notice in writing require the owner to destroy the hut or shed and the materials thereof within such time as may be specified in the notice.
(2) Where the Chairperson is satisfied that the destruction of any hut or shed is immediately necessary for the purpose of preventing the spread of any dangerous disease, he may order the owner or occupier of the hut or shed to destroy the same forthwith or may himself cause it to be destroyed after giving not less than six hours' notice to the owner or occupier.
(3) Compensation may be paid by the Chairperson, in any case which he thinks fit, to any person who sustains substantial loss by the destruction of any such hut or shed, but, exce
(1) The Chairperson shall--
(a) provide proper places with necessary attendants and apparatus for the disinfection of conveyances, clothing, bedding and other articles which have been exposed to infection;
(b) cause conveyances, clothing and other articles brought for disinfection to be disinfected either free of charge or on payment of such changes as he may fix.
(2) The Chairperson may notify places at which articles of clothing, bedding and the conveyances or other articles which have been exposed to infection shall be washed and if he does so, no person shall wash any such thing at any place not so notified without having previously disinfected such thing.
(3) The Chairperson may direct the destruction of any clothing, bedding or other article l
(1) In the event of New Delhi or any part thereof being visited or threatened by an outbreak of any dangerous disease among the inhabitants thereof or any epidemic disease among animals therein, the Chairperson, if he thinks that the other provisions of this Act and the provisions of any other law for the time being in force are insufficient for the purpose, may, with the previous sanction of the Council--
(a) take such special measures; and
(b) by public notice, give such directions to be observed by the public or by any class or section of the public;
as he thinks necessary to prevent the out break or spread of the disease.
Provided that where in the opinion of the Chairperson immediate measures are necessary, he may take action, without such sanc
(1) A person shall not send or take to any washerman or to any laundry or place set apart for the exercise by washerman of their calling, for the purpose of being washed or to any place for the purpose of being cleansed, any cloth or other article which he knows to have been exposed to infection from a dangerous disease unless that cloth or article has been disinfected by or to the satisfaction of the officer authorised in this behalf.
(2) The occupier of any building in which a person is suffering from a dangerous disease shall, if required by the officer authorised by the Chairperson, furnish to him the address of any washerman to whom or any laundry or other place to which clothes and other articles from the building have been, or will be, sent during the continuance of the disease, for the purpose of being washed or cleaned.
(1) Whoever---
(a) uses a public conveyance while suffering from a dangerous disease; or
(b) uses a public conveyance for the carriage of a person who is suffering from any dangerous disease; or
(c) uses a public conveyance for the carriage of the corpse of a person who has died from any such disease,
shall be bound to take proper precautions against the communication of the disease to other persons using or who may thereafter use the conveyance and to notify such use to the owner, driver, or person in charge of the conveyance, and further report without delay to the Chairperson the number of the conveyance and the name of the person so notified.
(2) Where any person suffering from, or the corpse of any p
Notwithstanding anything contained in any law for the time being in force no owner, driver or person in charge of a public conveyance shall be bound to convey or to allow to be conveyed in such conveyance in or in the vicinity of New Delhi any person suffering from a dangerous disease or the corpse of any person who has died from such disease unless and until such person pays or tenders a sum sufficient to cover any loss and expense which would ordinarily be incurred in disinfecting the conveyance.
(1) Where any building or part of a building is intended to be let in which any person has, within six weeks immediately preceding, been suffering from a dangerous disease, the person letting the building or part shall, before doing, so, disinfect the same in such manner as the Chairperson may be general or special notice direct together with all articles therein liable to retain infection.
(2) For the purposes of this section the keeper of a hostel, lodging house, dharamshala, sarai, boarding house, guest house, hotel or club shall be deemed to have let to any person who is admitted as a guest therein that part of the building in which such person is permitted to reside.
No person shall, without previous disinfection of the same, give, lend, sell, transmit or otherwise dispose of to another person any article or thing which he knows or has reason to believe has been exposed to contamination by any dangerous disease and is likely to be used in or taken into New Delhi or any part thereof.
No person while suffering from, or in circumstances in which he is likely to spread, any dangerous disease, shall--
(a) make, carry or offer for sale or take any part in the business of making, carrying or offering for sale, any article of food or drink or any medicine or drug for human consumption, or any article of clothing or bedding for personal use or wear; or
(b) take any part in the business of the washing or carrying of clothes.
When New Delhi or any part therof is visited or threatened by an outbreak of any dangerous disease the Chairperson may, by public notice, restrict in such manner or prohibit for such period as may be specified in the notice, the sale or preparation of any article of food or drink for human consumption specified in the notice or the sale of any flesh of any description of animal so specified.
(1) If the Chairperson is of opinion that the water in any well, tank or other place, is likely, if used for drinking, to endanger, or cause the spread of, any disease, he may-
(a) by public notice, prohibit the removal or use of such water for drinking; or
(b) by notice in writing require the owner or person having control of such well, tank or place to take such steps as may be directed by the notice to prevent the public from having access to or using such water; or
(c) take such other steps as he may consider expedient to prevent the outbreak or spread of any such disease.
(2) In the event of New Delhi or any part thereof being visited or threatened by an outbreak of a dangerous disease the officer authorised by the Chairperson in this behalf ma
No person shall--
(a) knowing that he is suffering from a dangerous disease expose other persons to the risk of infection by his presence or conduct in any public street or public place;
(b) having the care of a person whom he knows to be suffering from a dangerous disease, cause or permit that person to expose other persons to the risk of infection by his presence or conduct in any such street or place as aforesaid;
(c) place or cause to be placed in a dustbin or other receptacle for the deposit of rubbish, any matter which he knows to have been exposed to infection from a dangerous disease and which has not been disinfected properly;
(d) throw or cause to be thrown into any latrine or urinal any matter which he knows to have been exposed to infect
Where any person has died from any dangerous disease the Chairperson may, by notice in writing--
(a) require any person having charge of the corpse to convey the same to mortuary thereafter to be disposed of in accordance with law, or
(b) prohibit the removal of corpses from the place where death occurred except for the purpose of being burnt, buried or for being conveyed to a mortuary.
(1) No person being a sweeper employed by the Council shall in the absence of any contract authorising him so to do and without reasonable cause, resign his employment or absent himself from his duty without having given one month's notice to the Chairperson or shall neglect or without reasonable cause refuse to perform his duties.
(2) The Council may by resolution direct that on or from such date as may be specified in the resolution, the provisions of this section shall apply in the case of any specified class of persons employed by the Council whose functions are intimately concerned with public health or safety.
No sweeper, being employed for doing house scavenging of any building shall discontinue to do such house scavenging without reasonable cause or without having fourteen days' notice to his employer.
The Chairperson may, by notice in writing,require the owner or person in charge of any burning or burial ground to supplysuch information as may be specified in the notice concerning the condition,management or position of such ground.
(1) No place which has not been used as a burning or burial ground before the commencement of this Act shall be so used without the permission in writing of the Chairperson.
(2) Such permission may be granted subject to any conditions which the Chairperson may think fit to impose for the purpose of preventing any annoyance to, or danger to the health of, any person residing in the neighbourhood.
(1) Where the Chairperson, after making or causing to be made local inquiry is of opinion that any burning or burial ground has become offensive to, or dangerous to the health of, persons residing in the neighbourhood, he may, with the previous sanction of the Council, by notice in writing, require the owner or person in charge of such ground to close the same from such date as may be specified in the notice.
(2) No corpse shall be burnt or buried at the burning or burial ground in respect of which a notice has been issued under this section.
The Chairperson may by public notice prescribe routes by which alone corpses may be removed to burning or burial ground.
Whenever any animal in the charge of any person dies, the person in charge thereof shall within twenty-four hours either--
(a) convey the carcass to a place provided or appointed under section 263 for the final disposal of the carcasses of dead animals; or
(b) give notice of the death to the Chairperson whereupon he shall cause the carcass to be disposed of on such fee as may be prescribed by the Council.
(1) Notwithstanding anything contained in the Registration of Births and Deaths Act, 1969 (18 of 1969) but subject to the provisions to this Act and to any directions that the Central Government may give in this behalf, the officer specified in the Official Gazette by the Chairperson, shall be the Chief Registrar of Births and Deaths for New Delhi and shall keep in such form as may be prescribed by bye-laws a register of all births and deaths occurring in New Delhi.
(2) The Chairperson shall for the purposes of this Chapter appoint an additional chief registrar and such number of persons to be registrars of births and deaths for New Delhi as he deems necessary and define the respective areas which shall be under the charge of such registrars.
The registrar shall keep himself informed of every birth or death occurring within the area under his charge and shall ascertain and register as soon as conveniently may be after the event, and without fee or reward such particulars in respect of every birth or death as may be prescribed by bye-laws made in this behalf.
(1) It shall be the duty of the father or mother of every child born in New Delhi and in default of the father or mother, of any relation of the child living in the same premises, and in default of such relation, of the person having charge of the child, to give to the best of his knowledge and belief to the registrar of the area concerned within eight days after such birth, information containing such particulars as may be prescribed by bye-laws made in this behalf.
(2) It shall be the duty of the nearest relation present at the time of the death or in attendance during the last illness of any person dying in New Delhi an in default of such relation, of any person present or in attendance at the time of the death and of the occupier of the premises in which to his knowledge the death took place and in default of the person hereinbefore mentioned, of each inmate of such premises an
(a) in any public street or public place--
(i) ease himself; or
(ii) carry meat exposed to public view; or
(iii) picket animals or collect carts; or
(iv) being engaged in the removal of rubbish, filth or other polluted and obnoxious matter wilfully or negligently permit any portion thereof to spill or fall, or neglect to sweep away or otherwise effectually to remove any portion thereof which may spill or fall in such street or place; or
(v) without proper authority affix, upon any building, monument, post, wall, fence, tree or other thing, any bill, notice or other document; or
(vi) without proper authority deface or write upon or otherwise mark any building, m
Where the Chairperson is of opinion that there is a nuisance on any land or building, he may, by notice in writing, require the person by whose act, default of sufferance the nuisance arises or continues or the power, lessee or occupier of the land or building, or any or more or these persons, to remove or abate the nuisance by taking such measures in such manner and within such period as may be specified in the notice.
(1) The Council may, by bye-laws made in this behalf,--
(a) require the registration, by the registration authority appointed by the Chairperson in this behalf of all dogs kept within New Delhi.
(b) require that every registered dog shall wear a collar to which shall be attached a metal token to be issued by the registration authority, and fix and fee payable for the issue thereof;
(c) require that any dog which has not been registered or which is not wearing such token shall, if found in any public place, be detained at a place set apart for the purpose; and
(d) fix the fee which shall be charged for such detention and provide that any such dog shall be liable to be destroyed or otherwise disposed of unless it is claimed and the fee in respect ther
The Chairperson may, by public notice, prohibit in any case where such prohibition appears to him to be necessary for the prevention of danger to life or property, the stacking or collecting of wood, dry grass, straw or other inflammable materials, or the placing of mats or thatched huts or the lighting of fires in any place which may be specified in the notice.
No person shall set a naked light on or near any building in any public street or other public place in such manner as to cause danger of fire.
Provided that nothing in this section shall be deemed to prohibit the use of lights for the purposes of illumination on the occasion of a festival or public or private entertainment.
No one shall discharge any fire-arm or let off fire-works or fire-balloons, or engage in any game in such manner as to cause or to be likely to cause danger to persons passing by or dwelling or working in the neighbourhood or risk of injury to property.
Where any building, or wall, or anything affixed thereto, or any well, tank, reservoir, pool depression, or excavation, or any bank or tree, is in the opinion of the Chairperson, in a ruinous state, for want of sufficient repairs protection or enclosure, a nuisance or dangerous to persons passing by or dwelling or working in the neighbourhood, the Chairperson may by notice in writing require the owner or part-owner or person claiming to be the owner or part-owner thereof or failing any of them the occupier thereof to remove the same or may require him to repair, protect or enclose the same in such manner as he thinks necessary; and if the danger is, in the opinion of the Chairperson, imminent, he shall forthwith take such steps as he thinks necessary to avert the same.
The Chairperson may, by notice in writing, require the owner or part-owner, or person claiming to be the owner or part-owner of any land or building, or the lessee, or the person claiming to be the lessee of any such land which, by reason of disuse or disputed ownership or other cause, has remained unoccupied and has become the resort of idle and disorderly persons or of persons who have no ostensible means of subsistence or cannot give a satisfactory account of themselves or is used for gaming or immoral purposes or otherwise occasions or is likely to occasion a nuisance, to secure and enclose the same within such time as may be specified in the notice.
(1) The Chairperson, when authorised by the Council in this behalf, may provide and maintain municipal markets and slaughter houses in such number as he thinks fit together with stalls, shops, sheds, pens, and other buildings and conveniences for the use of persons carrying on trade or business in, or frequenting such markets or slaughter house, and may provide and maintain in any such markets buildings and places, machines, weights, scales and measures for the weighment or measurement of goods sold therein.
(2) Municipal markets and slaughter houses shall be under the control of the Chairperson who may, at any time, by public notice, close any municipal market, slaughter house or any part thereof.
(1) No person shall, without the general or special permission in writing of the Chairperson, sell or expose for sale any animal or article in any municipal market.
(2) Any person contravening the provisions of sub-section (1), and any animal or article exposed for sale by such person, may be summarily removed from the market by or under the orders of the Chairperson or any officer or employee of the Council authorised by the Chairperson in this behalf.
(1) No place other than a municipal market shall be used as a market unless such place has been licensed as a market by the Council.
(2) No place other than a municipal slaughter house shall be used as a slaughter house.
Provided that nothing in this sub-section shall be deemed--
(i) to restrict the slaughter of any animal in any place on the occassion of any religious festival or ceremony, subject to such conditions (non-compliance with which shall be punishable under this Act) as the Chairperson may, by public or special notice, impose in this behalf; or
(ii) to prevent the Chairperson, with the sanction of the Council, from setting apart place for the slaughter of animal in accordance with religious custom.
(1) The Chairperson may charge such fees as the Council may prescribe in this behalf for the grant of a licence to any person to open a private market and may grant such licence subject to such conditions, consistent with this Act and any bye-laws thereunder.
(2) When the Council refuses to grant any licence, it shall record a brief statement of the reasons for such refusal.
(3) The Chairperson may, for reasons to be recorded, suspend a licence in respect of a private market for such period as he thinks fit, or cancel his license.
(4) A private market of which the licence has been suspended or cancelled as aforesaid shall be closed with effect from such date as may be specified in the order of suspension or cancellation.
(1) No person shall keep open for public use any market in respect of which a licence is required by or under this Act without obtaining a licence therefore, or while the licence therefor is suspended or after the same has been cancelled.
(2) When a licence to open a private market is granted or refused or is suspended or cancelled the Chairperson shall cause a notice of the grant, refusal, suspension or cancellation to be posted in such language or languages as he thinks necessary in some conspicuous place by or near the entrance to the place to which the notice relates.
No person knowing that market has been opened to the public without a licence having been obtained therefor when such licence is required by or under this Act or that the licence granted therefor is for the time being suspended or that it has been cancelled, shall sell or expose for sale any animal or article in such market.
(1) No animal or article shall be sold or exposed for sale within a distance of one hundred metres of any municipal market or licensed private market without the permission of the Chairperson.
(2) Any person contravening the provisions of sub-section (1) and any animal or article exposed for sale by such person may be summarily removed by or under the orders of the Chairperson or any officer or employee of the Council appointed by him in this behalf.
(1) The Chairperson, with the previous approval of the Council may--
(a) charge such stallages, rents and fees as may from time to time be fixed by him in this behalf--
(i) for the occupation or use of any stall,, shop, stand, shed or pen in a municipal market or municipal slaughter house;
(ii) for the right to expose articles for sale in a municipal market; (iii) for the use of machines, weights, scales and measures provided for in any municipal market; and (iv) for the right to slaughter animals in any municipal slaughter house, and for the feed of such animals before they are ready for slaughter; or
(b) farm the stallages, rents and fees chargeable as aforesaid or any portion thereof for such period as he thinks fit; or
The Chairperson may prevent the entry in any market and shall expel therefrom, any person suffering from any dangerous disease, who sells or exposes for sale therein any article or who, not having purchased the same handles any article exposed for sale therein; and he may expel therefrom any person who is creating a disturbance therein.
(1) No person shall without or otherwise thanin conformity with a licence from the Chairperson carry on the trade of abutcher, fish-monger, poulterer or importer of flesh intended for humanconsumption or use any place for the sale of flesh, fish or poultry intendedfor human consumption.
Providedthat no licence shall be required for any place used for the sale or storagefor sale of preserved flesh or fish contained in air-tight or hermeticallyscaled receptacles.
(2) TheChairperson may order and subject to such conditions as to supervision andinspection as he thinks fit to impose grant a licence or may by order refusefor reasons to be recorded, to grant the same.
(3)Every such licence shall expire at the end of the year for which it is grantedor at such earlier date as the Chairperson may, for s
(1) No person shall, without the previous permission in writing of the Chairperson, establish in any premises, or materially alter, enlarge or extend, any factory, workshop or trade premises in which it is intended to employ steam, electricity, water or other mechanical power.
(2) The Chairperson may refuse to give such permission, if he is of the opinion that the establishment, alteration, enlargement or extension of such factory, workshop or trade premises, in the proposed position would be objectionable by reason of the density of the population in the neighbourhood thereof, or would be a nuisance to the inhabitants of the neighbourhood.
(1) No person shall use or permit to be used any premises for any of the following purposes without or otherwise than in conformity with the terms of a licence granted by the Chairperson in this behalf, namely:--
(a) any of the purposes specified in Part I of the Ninth Schedule;
(b) any purpose which is, in the opinion of the Chairperson dangerous to life, health or property or likely t create a nuisance;
(c) keeping horses, cattle or other quadruped animals or birds for transportation, sale or hire or for sale of the produce thereof; or
(d) storing any of the articles specified in Part II of the Ninth Schedule except for domestic use of any of those articles.
Provided that the Council may declare that pr
(1) If any horses, cattle or other quadruped animals or birds are kept on any premises in contravention of the provisions of section 327, or are found abandoned and roaming or tethered on any street or public place or on any land belonging to the Council, the Chairperson or any officer empowered by him may seize them and may cause them to be impounded or removed to such place as may be appointed by the Government or the Council for this purpose and the cost of seizure of these animals or birds and of impounding or removing them and of feeding and watering them shall be recoverable by sale by auction of these animals or birds.
Provided that anyone claiming such animal or bird may, within seven days of the seizure get them released on his paying all expenses incurred by the Chairperson in seizing, impounding or removing and in feeding and watering such animal or bird, and on his prod
(1) The Chairperson may give public notice of his intention to declare that in any area specified in the notice no person shall use any premises for any of the purposes referred to in sub-section (1) of section 327, which may be specified in such notice.
(2) No objections to any such declaration shall be received after a period of one month from the publication of the notice.
(3) The Chairperson shall consider all objections received within the said period, giving any person affected by the notice an opportunity of being heard during such consideration, and may thereupon make a declaration in accordance with the notice published under sub-section (1), with such modifications, if any, as he may think but not so as to extend its application.
(4) Every such declaration shall be published in the O
No person shall, without or otherwise than in conformity with the terms of a licence granted by the Chairperson in this behalf,--
(a) hawk or expose for sale in any place any article whatsoever whether it be for human consumption or not;
(b) use in any place his skill in any handicraft or for rendering services to and for the convenience of the public for the purposes of gain or making a living.
(1) No person shall, without or otherwise than in conformity with the terms of a licence granted by the Chairperson in this behalf, keep any eating house, lodging house, hotel, boarding house, tea shop, coffee house, cafe, restaurant, refreshment room or any place where the public are admitted for repose or for the consumption of any food or drink or any place, where food is sold or prepared for sale.
(2) The Chairperson may at any time cancel or suspend any licence granted under sub-section (1) if he is of the opinion that the premises covered thereby are not kept in conformity with the conditions of such licence or with the provisions of any bye-law made in this behalf, whether the licensee is prosecuted under this Act or not.
No person shall, without or otherwise than in conformity with the terms of a licence granted by the Chairperson in this behalf, keep open any theatre, circus, cinema house, dancing hall or other similar place of public resort, recreation or amusement.
Provided that nothing in this section shall apply to private performances in any such place.
If the Chairperson is of opinion that any eating house, lodging house, hotel, boarding house, tea shop, coffee house, cafe, restaurant, refreshment room or other place where the public are admitted for repose or for consumption of any food or drink or where food is sold or prepared for sale or any theatre, circus, cinema house, dancing hall or similar other place of public resort, recreation or amusement is kept open without a licence or otherwise than in conformity with the terms of a licence granted in respect thereof, he may stop the use of any such premises for any such purpose for a specified period by such means as he may consider necessary.
Where the Chairperson upon information in his possession is satisfied as respects any area--
(a) that the buildings in that area are by reason of disrepair or sanitary defects unfit for human habitation or are by reason of their bad arrangement, or the narrowness or bad arrangement of the streets or the want of light, air, ventilation or proper conveniences, dangerous or injurious to the health of the inhabitants of the area; and
(b) that the most satisfactory method of dealing with the conditions in the area is the re-arrangement and reconstruction of the streets and buildings in the area in accordance with an improvement scheme,
he may frame an improvement scheme in respect of the area in accordance with the bye-laws made in this behalf.
(1) An improvement scheme may provide for allor any of the following matters, namely:-
(a)the acquisition by agreement or under the Land Acquisition Act (1 of 1894) ofany property necessary for or affected by the execution of the scheme;
(b)the relaying out of any land comprised in the scheme;
(c)the redistribution of sites belonging to owners of property comprised in thescheme;
(d)the closure or demolition of buildings or portions of buildings unfit for humanhabitation;
(e)the demolition of obstructive buildings or portions thereof;
(f)the construction and reconstruction of buildings;
(g)the construction and alterat
(1) Every improvement scheme shall, as soon as may be after it has been framed, be submitted by the Chairperson for approval to the Council and the Council may either approve the scheme without modifications or with such modifications as it may consider necessary or reject the scheme with directions to the Chairperson to have a fresh scheme framed according to such directions.
(2) No improvement scheme approved by the Council under sub-section (1) shall be valid unless it has been sanctioned by the Central Government.
The Chairperson while framing an improvement scheme under this Chapter for any area may also frame a scheme (hereafter in this Act referred to as the rehousing scheme) for the construction, maintenance and management of such area and so many buildings as he may consider necessary for providing accommodation for persons who are likely to be displaced by the execution of the improvement scheme.
No improvement scheme or rehousing scheme framed under this Chapter shall be valid unless such scheme is in conformity with the provisions of the master plan for Delhi or a zonal development plan for New Delhi or any part thereof.
(1) Whenever it is provided in this Act or any bye-law made thereunder that a licence or a written permission may be granted for any purpose, such licence or written permission shall be signed by the Chairperson or by the officer empowered to grant the same under under this Actor the bye-laws made thereunder or by any officer autorised by the Chairperson or such officer in this behalf and shall specify in addition to any other matter required to be specified under any other provision of this Act or any provision of any bye-law made thereunder--
(a) the date of the grant thereof;
(b) the purpose and the period (if any) for which it is granted;
(c) restrictions or conditions, if any, subject to which it is granted;
(d) the name and address of the per
The Chairperson or any officer or other employee authorised in this behalf by him or empowered in this behalf by or under any provision of this Act, rules, regulations or bye-laws made thereunder, may enter into or upon any land or building with or without assistants and workmen--
(a) for the purpose of ascertaining whether there is or has been on or in connection with the land or building any contravention of the provisions of this Act, rules, regulations or any bye-law made thereunder;
(b) for the purpose of ascertaining whether or not circumstances exist which would authorise or require the Chairperson or any municipal officer or employee authorised or empowered in this behalf to take any action or execute any work under this Act, rules, regulations or any bye-law made thereunder;
(c) for t
(1) The Chairperson or any person authorised in this behalf by him or empowered in this behalf by or under any provision of this Act, rules, regulations or bye-laws made thereunder, may enter on any land within fifty meters of any work authorised by or under this Act, rules, regulations or bye-laws made thereunder with or without assistants and workmen for the purpose of depositing thereon any soil, gravel, stone or other materials or for obtaining access to such work or for any other purposes connected with the execution of the same.
(2) The person so authorised shall, before entering on any such land, state the purpose thereof, and shall, if so required by the owner or occupier thereof, fence off so much of the land as may be required for such purpose.
(3) The person so authorised shall, in exercising any power conferred by this sectio
(1) It shall be lawful for the Chairperson or any person authorised in this behalf by him or empowered in this behalf by or, under any provision of this Act, rules, regulations or bye-laws made thereunder to make any entry into any place, and to open or cause to be opened any door, gate or other barrier--
(a) if he considers the opening thereof necessary for the purpose of such entry; and
(b) if the owner or occupier is absent or being present refuses to open such door, gate or barrier.
(2) Before making any entry into any such place, or opening or causing to be opened any such door, gate or other barrier, the Chairperson or the person authorised or empowered in this behalf, shall call upon two or more respectable inhabitants of the locality in which the place to be entered into is situated, t
Save as otherwise provided in this Act, rules, regulations or any bye-law made thereunder, no entry authorised by or under this Act shall be made except between the hours of sunrise and sunset.
Save as otherwise provided in this Act, rules, regulations or any bye-law made thereunder, no land or building shall be entered without the consent of the occupier, or if there is no occupier, of the owner thereof and no such entry shall be made without giving the said owner or occupier, as the case may be, not less than twenty-four hours' written notice of the intention to make such entry.
Provided that no such notice shall be necessary if the place to be inspected is a factory or workshop or trade premises or a place used for any of the purposes specified in section 327 or a stable for horses or a shed for cattle or a latrine or urinal or a work under construction, or for the purpose of ascertaining whether any animal intended for human consumption is slaughtered in that place in contravention of this Act or any bye-law made thereunder.
When any place used as a human dwelling is entered under this Act, due regard shall be paid to the social and religious customs and usages of the occupants of the place entered, and no apartment in the actual occupancy of a female shall be entered or broken open until she has been informed that she is at liberty to withdraw and every reasonable facility has been afforded to her withdrawing.
No person shall obstruct or molest any person authorised or empowered by or under this Act or any person with whom the Council has lawfully contracted, in the execution of his duty or of anything which he is authorised or empowered or required to do by virtue or in consequence of any of the provisions of this Act, rules, regulations or any bye-law made thereunder, or in fulfilment of his contract, as the case may be.
Every public notice given under this Act, rules, regulations or any bye-law made thereunder shall be in writing under the signature of the Chairperson or of any officer authorised in this behalf by him and shall be widely made known in the locality to be affected thereby, by affixing copies thereof in conspicuous public places within the said locality or by publishing the same by beat of drum or by advertisement in local newspapers or by any two or more of these means and by any other means that the Chairperson may think fit.
Whenever it is provided by this Act or any bye-law made thereunder that notice shall be given by advertisement in local newspapers, or that a notification or information shall be published in local newspapers, such notice, notification or information shall be inserted, if practicable, in at least three newspapers in such languages as the Council may from time to time specify in this behalf.
Provided that if the Council publishes a municipal journal, a publication in that journal shall be deemed to be a publication in a newspaper of the language in which the said journal may be published.
Whenever, under this Act or any rule, regulation or bye-law made thereunder, the doing of, or the omission to do, anything or the validity of anything depends upon the approval, sanction, consent, concurrence, declaration, opinion or satisfaction of the Chairperson or of any municipal officer, a written document signed by the Chairperson or officer purporting to convey or set forth such approval, sanction, consent, concurrence, declaration, opinion or satisfaction shall be sufficient evidence thereof.
Where any notice, bill, order or requisition issued or made under this Act or any rule, regulation or bye-law made thereunder requires anything to be done for the doing of which no time is fixed in this Act or the rule, regulation or bye-law, the notice bill, order or requisition shall specify a reasonable time for doing the same.
(1) Every licence, written permission, notice, bill, summons or other document which is required by this Act or any rule, regulation or bye-law made thereunder to bear the signature of the Chairperson or of any officer, shall be deemed to be properly signed if it bears a facsimile of the signature of the Chairperson or Officer, as the case may be, stamped thereupon.
(2) Nothing in sub-section (1) shall be deemed to apply to a cheque drawn upon the New Delhi Municipal Fund under section 46.
All notices, bills, summons and other documents required by this Act or any rule, regulation or bye-law made thereunder to be served upon, or issued to, any person, shall be served or issued by Municipal officers or other Municipal employees or by other persons authorised by the Chairperson.
(1) Every notice, bill, summons order, requisition ox other document required or authorised by this Act or any rule, regulation or bye-law made thereunder to be served or issued by or on behalf of the Council, or by the Chairperson or any officer, of any person shall, save as otherwise provided in this Act or such rule, regulation or bye-law, be deemed to be duly served.--
(a) where the person to be served is a company, if the document is addressed to the secretary of the company at its registered office or at its principal office or place of the business and is either--
(i) sent by registered post, or
(ii) delivered at the registered office or at the principal office or place of business of the company;
(b) where the person to be served is a partne
Notwithstanding anything contained in sections 352 and 353 a bill for any tax or a notice of demand may be served by sending it by ordinary post with a prepaid letter under a certificate of posting addressed to the appropriate person specified in section 353 at his last known place of residence or business and in proving the service of every bill or notice so sent it shall be sufficient to prove that the letter was properly addressed and posted under a certificate of posting.
In the event of non-compliance with the terms of notice, order or requisition issued to any person under this Act or rule, regulation or bye-law made thereunder; requiring such person to execute any work or to do any act it shall be lawful for the authority or officer at whose instance the notice, order or requisition has been issued, whether or not the person in default is liable to punishment for such default or has been prosecuted or sentenced to any punishment therefor, after giving notice in writing to such person, to take such action or such steps as may be necessary for the completion of the act or the work required to be done or executed by such person and all the expenses incurred on such account shall be payable to the Chairperson on demand and if not paid within ten days after such demand, shall be recoverable as an arrear of tax under this Act.
(1) If any notice, order or requisition has been issued to any person in respect of property of which he is the owner, the Authority or the officer at whose instance such notice, order or requisition has been issued, may require the occupier of such property or of any part thereof to pay to him, instead of to the owner, any rent payable by him in respect of such property, as it falls due upto the amount recoverable from the owner under section 355.
Provided that if the occupier refuses to disclose the correct amount of the rent payable by him or the name or address of the person to whom it is payable, the officer may recover from the occupier the whole amount recoverable under section 355 as an arrear of tax under this Act.
(2) Any amount recovered from an occupier instead of from an owner under sub-section (1), shall, in the absence of
Whenever the owner of any land or building fails to execute any work which he is required to execute under this Act, or any bye-law made thereunder, the occupier, if any, of such land or building may, with the approval of the Chairperson, execute the said work and he shall, subject to any contract, between the owner and occupier to the contrary, be entitled to recover from the owner the reasonable expenses incurred by him in the execution of the work and may deduct the amount thereof from the rent payable by him to the owner.
(1) Where any person, by reason of his receiving rent of immovable property as a receiver, agent or trustee, or of his being as a receiver, agent or trustee the person who would receive the rent if the property were let to a tenant, would under this Act, or any bye-law made thereunder, be bound to discharge any obligation imposed on the owner of the property for the discharge of which money is required, he shall not be bound to discharge the obligation unless he has, or but for his own improper act or default might have had funds in his hands belonging to the owner sufficient for the purpose.
(2) The burden of proving any fact entitling a receiver, agent or trustee to relief under sub-section (1) shall lie upon him.
(3) Where any receiver, agent or trustee has claimed and established his right to relief under this section, the Chairperso
In any case not otherwise provided for in this Act or in any bye-law made thereunder, the Chairperson with the previous approval of the Council, may pay compensation to any person who sustains damage by reason of the exercise of any of the powers vested by this Act or any bye-law in the Chairperson or in any municipal officer or other municipal employee.
(1) Any person who has been convicted of an offence against this Act or any bye-law made thereunder shall, notwithstanding any punishment to which he may have been sentenced for the said offences, be liable to pay such compensation for any damage to the property of the Council resulting from the said offence as the Chairperson may consider reasonable.
(2) In the event of a dispute regarding the amount of compensation payable under sub-section (1) such amount shall, on application made to him, be determined by the magistrate before whom the said person was convicted of the said offence; and on non-payment of the amount of compensation so determined the same shall be recovered under a warrant issued by the said magistrate as if it were a fine imposed by him on the person liable therefor.
(1) If, when the Chairperson demands payment of any expenses referred to in section 355, his right to demand the same or the amount of the demand is disputed within ten days after such demand, the Chairperson shall refer the case for determination--
(a) to the Appellate Tribunal, if such demand relates to the expenses incurred in taking necessary action or steps for the completion of any act or work required to be done or executed in the event of non-compliance with any notice, order or requisition under sections 221, 229, 247, 248 and 249;
(b) to the court of the district judge of Delhi, in any other case.
(2) The Chairperson shall, pending the decision on any such reference, defer further proceedings for the recovery of the sum claimed by him, and shall, after the decision, proceed to recove
(1) Where, in any case not provided for by section 361, the Council or the Chairperson or any officer or other employee is required by this Act or by any bye-law made thereunder to pay any expenses or any compensation, the amount to be so paid and if necessary, the appointment of the same, shall, in case of dispute, be determined by the court of the district judge of Delhi on an application having been made to it for this purpose at any time within one year from the date when such expenses or compensation first became claimable.
(2) If the amount of any expenses or compensation ascertained in accordance with sub-section (1) is not paid by the person liable therefor on demand, it shall be recoverable as if the same were due under a decree passed by the court of the district judge in an original suit tried by it.
(3) Instead of proceeding
In any case not expressly provided for in this Act or any bye-law made thereunder any sum due to the Council on account of any charge, costs, expenses, fees, rates or rent or on any other account under this Act or any such bye-law may be recoverable from any person from whom such sum is due as an arrear of tax under this Act.
Provided that no proceedings for the recovery of any sum under this section shall be commenced after the expiry of three years from the date on which such sum becomes due.
(1) The owner of any land or building may, if he is prevented by the occupier thereof from complying with--
(a) the provisions of section 221, section 229, section 247, section 248, section 249, or section 252, or any bye-law made thereunder or with any notice or order issued under any such provision apply to the Appellate Tribunal; and
(b) any other provision or any bye-law made thereunder or with any notice, order or requisition issued under such pro vision, apply to the court of the district judge of Delhi and where such application is made within any time that may be fixed for the compliance with such provision or notice, order or requisition the owner shall not be liable for his failure to comply with the provision, or notice, order or requisition within the time so fixed.
(2) The Appella
The procedure provided in the Code of Civil Procedure, 1908, (5 of 1908) in regard to suits shall be followed, as far as it can be made applicable, in the disposal of applications, appeals or references that may be made to the court of the district judge of Delhi under this Act or any bye-law made thereunder.
(1) The Government may, by notification in the Official Gazette, prescribe what fee shall be paid--
(a) on any application, appeal or reference under this Act or any bye-law made thereunder to the court of the district judge of Delhi and
(b) for the issue, in connection with any inquiry or proceedings before that court under this Act or such bye-law, of any summons or other process.
Provided that the fee, if any, prescribed under clause (a) shall not, in cases in which the value of the claim or subject matter is capable of being estimated in money, exceed the fees leviable for the time being under the provisions of the Court-fees Act, 1870 (7 of 1870) in cases in which the amount of the claim or subject matter is of a like amount.
(2) The Government
Whenever any application, appeal or reference made under this Act or any bye-law made thereunder to the court of the district judge is settled by agreement between the parties before the hearing, half the amount of all fees paid up to that time shall be repaid by the court to the parties by whom the same have respectively been paid.
The court of the district judge of Delhi
(a) delegate, either generally or specially, to the court of an additional district judge, power to receive applications, appeals and references under this Act or any rule, regulation or bye-law made thereunder, and to hear and determine such applications, appeals and references;
(b) with the approval of the Government, make rules not inconsistent with this Act or any rule, regulation or bye-law made thereunder, providing for any matter connected with the exercise of the jurisdiction conferred upon the court by this Act which is not herein specifically provided for.
(1) Whoever--
(a) contravenes any provision of any of the sections, sub-sections, clauses, provisos or other provisions of this Act mentioned in the first column of the Table in the Tenth Schedule; or
(b) fails to comply with any order or direction lawfully given to him or any requisition lawfully made upon him under any of the said sections, sub-sections, clauses, provisos or other provisions, shall be punishable--
(i) with fine which may extend to the amount or with imprisonment for a term which may extend to the period, specified in that behalf in third column of the said Table or with both; and
(ii) in the case of a continuing contravention or failure, with an additional fine which may extend to the amount specified in the fourth column of that
Whoever, in any case in which a penalty is not expressly provided by this Act, fails to comply with any notice, order or requisition issued under any provision thereof, or otherwise contravenes any of the provisions of this Act, shall be punishable with fine which may extend to one hundred rupees, and in the case of a continuing failure or contravention, with an additional fine which may extend to twenty rupees for every day after the first during which he has persisted in the failure or contravention.
(1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of
The Code of Criminal Procedure, 1973 (2 of 1974), shall apply to,--
(a) an offence under sub-section (5) of section 217 or section 237 or sub-section (1) of section 238 or sub-section (1) of section 239 or section 247 or section 248 or section 249 or section 252;
(b) an offence under sub-section (1) of section 221 or sub-section (1) of section 224 or sub-section (1) of section 225 or sub-section (1) of section 229 or section 244 in relation to any street which is a public street, as if it were a cognizable offence--
(i) for the purposes of investigation of such offence; and
(ii) for the purposes of all matters other than--
(1) matters referred to in section 42 of that Code, and
Save as otherwise provided in this Act, no court shall proceed to the trial of any offence,--
(a) under sub-section (5) of section 217 or section 237 or sub-section (1) of section 238 or sub-section (1) of section 239 or section 247 or section 248 or section 249 or section 252 except on the complaint of or upon information received from, such officer of the Council, not being below the rank of a Secretary as may be appointed by the Chairperson,
(b) under sub-section (1) of section 221 or sub-section (1) of section 224 or sub-section (1) of section 225 or sub-section (1) of section 229 or section 244, if any such offence was committed in relation to any street which is a public street, except on the complaint of, or upon information received from, such officer of the Council, not being below the rank of a Secretary as may be appointed by
(1) The Chairperson or any person authorised by him by general or special order in this behalf may, either before or after the institution of the proceedings, compound any offence made punishable by or under this Act.
Provided that no offence shall be compoundable which is committed by failure to comply with a notice, order or requisition issued by or on behalf of the Council or of the Chairperson unless and until the same has been complied with so far as the compliance is possible.
(2) Where an offence has been compounded, the offender, if in custody shall be discharged, and no further proceedings shall be taken against him in respect to the offence so compounded.
(1) The Government may appoint one or more metropolitan magistrates for the trial of offences against this Act and against any rule, regulation or bye-law made thereunder and may prescribe the time and place at which such magistrate or magistrates shall sit for the despatch of business.
(2) Such magistrates shall be called municipal magistrates and shall besides the trial of offences as aforesaid, exercise all other powers and discharge all other function of a magistrate as provided in this Act or any rule, regulation of bye-law made thereunder.
(3) Such magistrates and the members of their staff shall be paid such salary, pension, leave and other allowances as may, from time to time, be fixed by the Government.
(4) The Council shall, out of the New Delhi Municipal Fund, pay to the Government
All offences against this Act or any rule, regulation or bye-law made thereunder, whether committed within or without the limits of New Delhi, shall be cognizable by a municipal magistrate and such magistrate shall not be deemed to be incapable of taking cognizance of any such offence or of any offence under any enactment which is repealed by, or which ceases to have effect under this Act by reason only of his being liable to pay any municipal tax or rate or benefitted out of the New Delhi Municipal Fund.
(1) No person shall be liable to punishment for any offence against this Act or any rule, regulation or bye-law made thereunder, unless complaint of such offence is made before a municipal magistrate within six months next after--
(a) the date of the commission of the offence; or
(b) the date on which the commission or existence of such offence was first brought to the notice of the complainant.
If any person summoned to appear before a magistrate to answer a charge of an offence against this Act or any rule, regulation or bye-law made thereunder fails to appear at the time and place mentioned in the summons, or on any date to which the hearing of the case is adjourned, the magistrate may hear and determine the case in his absence, if--
(a) service of the summons is proved to his satisfaction, and
(b) no sufficient cause is shown, for the non-appearance of such person.
The Chairperson or any municipal officer or other municipal employee authorised by him in this behalf or any person who resides or owns property in New Delhi, may complain to a municipal magistrate of the existence of any nuisance.
(1) Upon the receipt of any complaint under section 379, the magistrate, after making such inquiry as he thinks necessary, may by written order direct the person responsible for the nuisance or the owner of the land or building on which the nuisance has taken place, to take such measures as to such magistrate may seem practicable and reasonable, and within such period as may be specified in the order for abating, preventing, removing or remedying such nuisance and may direct the Chairperson to put into force any of the provisions of this Act or any bye-law made thereunder.
(2) The magistrate may further direct the person found responsible for the nuisance to pay to the complainant such reasonable costs of and relating to the said complaint as he shall determine, inclusive of compensation for the complainant's loss of time in prosecuting such complaint.
&n
(1) Any police officer, may arrest any person who commits in his view any offence against this Act or against any rule, regulation or bye-law made thereunder if--
(a) the name and address of such person be unknown to him, and
(b) such person on demand declines to give his name and address or gives a name and address which such officer has reason to believe to be false.
(2) No person so arrested shall be detained in custody after his true name and address are ascertained or, without the order of the nearest magistrate for a period longer than twenty-four hours from the time of arrest exclusive of the time necessary for the journey from the place of arrest to the court of such magistrate.
It shall be the duty of all police officers, to give immediate information to the Chairperson of the commission of, or the attempt to commit any offence against this Act or any rule, regulation or bye-law made thereunder and to assist all municipal officers and other municipal employees in the exercise of their lawful authority.
(1) The Chairperson may--
(a) take, or withdraw from, proceedings against any person who is charged with--
(i) any offence against this Act or any rules, regulation or bye-law made thereunder; or
(ii) any offence which affects or is likely to affect any property or interest of the Council or the due administration of this Act; or
(iii) committing any nuisance whatsover;
(b) contest or compromise any appeal against rateable value or assessment of any tax or rate;
(c) take, or withdraw from , compromise proceedings under sections 360, 361 and 362 for recovery of expenses or compensation claimed to be due to the Council;
&nbs
No suit or prosecution shall be entertained in any court against the Council or against any municipal officer or other municipal employee or against any person acting under the order or direction of the Chairperson or any municipal officer or other municipal employee, for anything which is in good faith done or intended to be done, under this Act or any rule, regulation or bye-law made thereunder.
(1) No suit shall be instituted against the Council or against the Chairperson or against any municipal officer or other municipal employee or against any person acting under the order or direction of the Chairperson or any municipal officer or other municipal employee, in respect of any act done, or purporting to have been done, in pursuance of this Act or any rule, regulation or bye-law made thereunder until the expiration of two months after notice in writing has been delivered at the municipal office and, in the case of such officer, employee or person, unless notice in writing has also been delivered to him at his office or place of residence, and unless such notice states explicitly the cause of action, the nature of the relief sought, the amount of compensation claimed, and the name and place of residence of the intending plaintiff, and unless the plaint contains a statement that such notice has been so left or deliver
(1) Any rule which the Central Government is empowered to make under this Act may provide that any contravention thereof shall be punishable with fine which may extend to one hundred rupees.
(2) Every rule made under this Act and bye-laws made by the Central Government under section 260 shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions, aforesaid, both Houses agree in making any modification in the rule or bye-laws, or both Houses agree that the rule or bye-laws, should not be made, the rule or bye-laws, shall thereafter have effect only in such modified form or be of no effect, as the case maybe so, however, that an
(1) Any regulation which may be made by the Council under this Act may be made by the Central Government within one year of the establishment of the Council; and any regulation so made may be altered or rescinded by the Council in the exercise of its powers under this Act.
(2) No regulation made by the Council under this Act shall have effect until it has been approved by the Central Government and published in the Official Gazette.
(1) Subject to the provisions of this Act,the Council may, in addition to any bye-laws which it is empowered to make byany other provision of this Act, make bye-laws to provide for all or any of thefollowing matters, namely:--
A. Bye-laws relatingto taxation
(1)the maintenance of tax books and registers by the Chairperson and theparticulars which such books and registers should contain;
(2) theinspection of and the obtaining of copies and extracts from such books andregisters and fees, if any, to be charged for the same;
(3)the publication of rates of taxes as determined by the Council from time totime;
(4)the requistion by the Chairperson of information and returns from personsliable to pay taxes;
&nb
The Central Government shall cause every regulation made under this Act and every bye-law made under section 388 to be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or bye-law or both Houses agree that the regulation or bye-law should not be made, the regulation or bye-law shall thereafter, have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation or bye-law.
(1) Any bye-law made under this Act may provide that a contravention thereof shall be punishable--
(a) with fine which may extend to five hundred rupees; and
(b) with fine which may extend to five hundred rupees and in the case of a continuing contravention, with an additional fine which may extend to twenty rupees for every day during which such contravention continues after conviction for the first such contravention;
(c) with fine which may extend to twenty rupees for every day during which the contravention continues, after the receipt of a notice from the Chairperson or any municipal officer duly authorised in that behalf, by the person contravening the bye-law requiring such person to discontinue such contravention.
Provided that a contraventi
(1) Any power to , make bye-laws conferred by this Act is conferred subject to the condition of the bye-laws being made after previous publication and in the case of such bye-laws being made by the Council of their not taking effect until they have been approved by the Government and published in the Official Gazette.
(2) The Government is approving a bye-law may make any change therein which appears to it to be necessary.
(3) The Government may, after previous publication of its intention, cancel any bye-law which it has approved, and thereupon the bye-law shall cease to have effect.
(1) A copy of all bye-laws made under this Act shall be kept at the municipal office and shall, during office hours, be open free of charge to inspection by any inhabitant of New Delhi.
(2) Copies of all such bye-laws shall be kept at the municipal office and shall be sold to the public at cost price either singly or in collections at the option of the purchaser.
The Central Government may at any time require the Chairperson--
(a) to produce any record, correspondence, plan or other document in his possession or under his control;
(b) to furnish any return, plan, estimate, statement, account or statistics relating to the proceedings, duties or works of the Council;
(c) to furnish or obtain and furnish any report.
The Central Government may depute any person in the service of that Government to inspect or examine any municipal department or office or any service or work undertaken by the Council or any property belonging to the Council and to report thereon and the Council, the Chairperson and all municipal officers and other municipal employees shall be bound to afford the person so deputed access at all reasonable times to the premises and properties of the Council and to all records, accounts and other documents the inspection of which he may consider necessary to enable him to discharge his duties.
If, whether on receipt of a report or on receipt of any information or report obtained under section 393 or section 394 or otherwise, the Central Government is of opinion,--
(a) that any duty imposed on the Council by or under this Act has not been performed or has been performed in an imperfect, insufficient or unsuitable manner; or
(b) that adequate financial provision has not been made for the performance of any such duty, it may direct the Council within such period as it thinks fit, to make arrangements to its satisfaction for the proper performance of the duty, or as the case may be, to make financial provision, to its satisfaction for the performance of the duty and the Council shall comply with such direction.
Provided that unless in the opinion of the Central Government the immediate
If, within the period fixed by a direction made under section 395, any action the taking of which has been directed under that section has not been duly taken, the Central Government may make arrangements for the taking of such action and may direct that all expenses connected therewith shall be defrayed out of the New Delhi Municipal Fund.
(1) The Central Government may give the Council all such directions as it considers necessary in respect of subjects, curricula, text books, standards and methods of teaching in primary schools vested in the Council or maintained wholly or partly by grants paid out of the New Delhi Municipal Fund and in respect of such other matters as that Government considers necessary and the Council shall comply with all such directions.
(2) It shall be lawful for any officer appointed by the Central Government in this behalf to inspect any such school; and all reasonable facilities shall be given to such officer in connection with the inspection.
(3) The Central Government, after considering the report of inspection made by such officer, may give the Council such directions as it considers necessary and the Council shall comply with such directions.
(1) If, in the opinion of the Central Government, the Council is not competent to perform, or persistently makes default--
(a) in the performance of, the duties imposed on it by or under this Act or any other law, or exceeds or abuses its power; or
(b) fails to deliver efficient service to the public and generally in regard to the municipal administration; or
(c) to comply with the directions given to the Council by the Central Government in regard to matters relating to clause (a) and (b),
the Central Government may by an order published, together with a statement of the reasons therefor, in the Officials Gazette, dissolve the Council.
Provided that the Council shall be given reasonable opportunity of be
The Central Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act shall, subject to such conditions, if any, as may be specified in the notification be exercisable by the Government or any of its officers or by the Chairperson or any other authority.
The Chairperson may by order direct that any power conferred or any duty imposed on him by or under this Act shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercised and performed also by any municipal officer or other municipal employee specified in the order.
No notice, order, requisition, licence, permission in writing or any other document issued under this Act shall be invalid merely by reason of defect of form.
A copy of any receipt, application, plan, notice, order or other document or of any entry in a register in the possession of the Council or the Chairperson shall, if duly certified by the legal keeper thereof or other person authorised by the Chairperson in this behalf, be admissible in evidence of the existence of the document or entry, and shall be admitted as evidence of the matters and transactions therein recorded in every case where, and to the same extent to which, the original document or entry would, if produced, have been admissible to prove such matters and transactions.
No municipal officer or other municipal employee shall, in any legal proceedings to which the Council is not a party, be required to produce any register or document the contents of which can be proved under section 402 by a certified copy, or to appear as a witness to prove any matter or transaction recorded therein save by order of the court made for special cause.
No person shall obstruct or molest the Council or the Chairperson or the Vice-Chairperson or any member or any person employed by the Council or any person with whom the Chairperson has entered into a contract on behalf of the Council in the performance of their duty or of any thing which they are empowered or required to do by virtue or in consequence of any provision of this Act or of any rule, regulation or bye-law made thereunder.
No person shall remove any mark set up for the purpose of indicating any level or direction incidental to the execution of any work authorised by this Act or of any rule or bye-law made thereunder.
No person shall, without authority in that behalf, remove, destroy, deface or otherwise obliterate any notice exhibited by or under orders of the Council or the Chairperson or any municipal officer or other municipal employee specified by the Chairperson in this behalf.
No person shall, without authority in that behalf, remove earth, sand or other material or deposit any matter or make any encroachment from, in or on any land vested in the Council or in any way obstruct the same.
(1) Every member, Chairperson, and every municipal officer and other municipal employee shall be liable for the loss, waste, or misapplication of any money or other property owned by or vested in the Council, if such loss, waste or misapplication is a direct consequence of his neglect or misconduct and a suit for compensation may be instituted against him by the Council with the previous sanction of the Central Government or by the Government.
(2) Every such suit shall be instituted within three years after the date on which the cause of action arose.
Every member, the Chairperson, and every municipal officer and other municipal employee shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860), and in the definition of "legal remuneration" in section 161 of that Code the words "Government" shall, for the purpose of this section, be deemed to include the Council.
(1) As soon as may be after the first day of April in every year and not later than such date as may be fixed by the Central Government in this behalf, the Council shall submit to that Government a detailed report of the Municipal Government of New Delhi during the preceding year in such form as that Government may direct.
(2) The Chairperson shall prepare such report and the Council shall consider it and forward the same to the Central Government with its resolution thereon, if any.
(3) Copies of the report shall be kept for sale at the municipal office.
Save as provided in this Act nothing contained in this Act shall be construed as authorising the disregard by the Council or the Chairperson or any municipal officer or other municipal employee of any laws for the time being in force.
The Central Government may, by order in the Official Gazette, exempt from the payment of any tax, rate, fee or other charge payable under the provisions of this Act, any diplomatic or consular mission of a foreign State or the High Commission of a Commonwealth country and any official of such mission or High Commission.
After the establishment of the council any reference in any enactment, rule, bye-law, order, scheme, notification or other instrument having the force of law, to New Delhi Municipal Committee shall, unless the context or subject otherwise requires, be construed as a reference to the Council.
Notwithstanding anything contained in any other provision of this Act, the Council may on such terms and conditions as may be determined by agreement between the Council and any other authority, body or person, carry out any work which is not connected with its functions on agency basis.
If any difficulty arises in relation to the transition from the provisions of any of the laws repealed by this Act, or in giving effect to the provisions of this Act, the Central Government may, by order as occasion requires, do anything which appears to it to be necessary for the purpose of removing the difficulty.
Provided that no such order shall be made after the expiration of two years from the date of establishment of the Council.
(1) As from the date of the establishment ofthe Council, the Punjab Municipal Act, 1911, (Punjab Act 3 of 1911) asapplicable to New Delhi, shall cease to have effect within New Delhi.
(2)Notwithstanding the provisions of sub-section (1) of this section,--
(a)any appointment, notification, order, scheme, rule, form, notice or bye-law orissued, and any licence or permission granted under the Act referred to insub-section (1) of this section and in force immediately before theestablishment of the Council, shall, in so far as it is not inconsistent withthe provisions of this Act continue in force and be deemed to have been made,issued or granted, under the provisions of this Act, unless and until it issuperseded by any appointment, notification, order, scheme, rule, form noticeor bye-law made or issued or any licence or permission granted un
(1) Any expenditure incurred during theperiod between the commencement of this Act and establishment of the Councilunder any of the provisions of this Act shall be borne by the CentralGovernment and the amount of the expenditure so incurred shall on suchestablishment be recoverable by that Government from out of the New DelhiMunicipal Fund.
(2) Ifin respect of the period between the establishment of the Council and theadoption of the first budget by the Council further expenditure from the NewDelhi Municipal Fund becomes necessary over and above the expenditure theretoauthorised for that year by the sanctioned budget estimate, the Council shalladopt a supplementary statement showing the estimated amount of thatexpenditure.
(3)Every item of expenditure shown in the supplementary statements adopted by theCouncil shall be deemed to be expen
Notwithstanding anything contained in this Act, the Central Government may, if necessary, appoint a person to be called the Special Officer, to exercise the powers and discharge the functions of the Council until the day on which the first meeting of the Council is held after the Commencement of this Act.
(1) The New Delhi Municipal Council Ordinance 1994 (8 of 1994) is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.
THE FIRST SCHEDULE
[See Section 2(27)]
BOUNDARIES OF NEW DELHI
The area bounded by--
The junction of the Pusa Road and Upper Ridge Road towards east along the New Link Road, the Panchkuian Road upto its junction with the Old Gurgaon Road; thence towards north-east along the Old Gurgaon Road and Chelmsford Road upto the New Delhi Railway Station; thence towards south and south east along the railway line upto its junction with the Harding Bridge; thence towards south along the Mathura Road upto its junction with Lodi Road; thence towards south along the Lodi Road upto its junction with the first road leading to Lodi Colony; thence towards south along the first road leading to Lodi Colony upto its junction with the Ring Railway; thence towards west al
THE SECOND SCHEDULE
[See Section 82]
RATES OF TAXES LEVIABLE ON VEHICLES AND ANIMALS
Maximum amount of tax per annum
For vehicles with pneumatic tyres For vehicles without pneumatic tyres.
1. Each four wheeled vehicle drawn by camels, horses, ponies, mules, donkeys bullocks or buffaloes-- RS. RS.
(a) Labour carts 12 24
(b) Other vehicles in this class 32 48
2. Each two wheeled vehicle drawn by camels, horses, ponies, mules donkeys, bullocks or buffaloes --
(a) Labour carts 8 16
&nb
THE THIRD SCHEDULE
[See Section 86]
THEATRE-TAX
Type of entertainment Maximum amount of tax
1. Class I cinema theatre Rs. 10 per show.
2. Class II cinema theatre Rs. 7 per show.
3. Drama, concert, circus, variety entertainment or tamasha Rs. 7 per show.
4. Carnival or fete Rs. 10 per day.
5. Any other entertainment Rs. 7 per show or if there are no separate shows Rs. 7 per day.
Explanation,-- For the purposes of this Schedule Class I cinema theatres and Class II cinema theatres mean theatres classified respectively as Class I c
THE FOURTH SCHEDULE
[See Section 88 (1)]
TAX ON ADVERTISEMENTS OTHER THAN ADVERTISEMENTS PUBLISHED IN THE NEWSPAPERS
S. No. Particulars Maximum amount of tax per annum
Rs.
1. Non-illuminated advertisements on land, building, wall, hoardings, frame post, structures, etc: --
(a) For a space upto 10 sq. ft. 18
(b) For a space over 10 sq. ft. 1 and upto 25 sq. ft. 30
(c) For every additional 25 sq. ft. or less 30
2. Non-illuminated advertisements carried onvehicles, drawn by bullocks, horses or other animals, human beings, c
THE FIFTH SCHEDULE
[See Section 95 (1)]
TAX ON BUILDING APPLICATION
S. No. Area For the first storey For the second storey or any subsequent storey.
Rs. Rs. per storey
1. For a ground area upto 100 sq. yds. 20 40
2. For a ground area of more than 100 yds. but not exceeding 250 sq. yds. 60 120
3. For a ground area of more than 250 sq. yds. but not exceeding 500 sq. yds. 150 300
4. For a ground area of more than 500 sq. yds. but not exceeding 1,000 sq. yds. 300 600
5. For a ground area of more than 1,000 sq. yds. 600 1500
&
THE SIXTH SCHEDULE
[See Section 100 (1)]
NOTICE OF DEMAND
To
Shri/Shrimati
residing at
Please take notice that the Chairperson, New Delhi Municipal Council ___________demands________from_____the_______sum of Rs._____due from________on account of_____(here describe the property, occupation, circumstance or thing in respect of which the sum is payable)_________leviable_____under_________for____the period of______________commencing on the____________ _day of _______19_______, and ending on the day of ______19_______, and that if, within thirty days from the service of this notice, the said sum is not paid to the Chairperson at or sufficient course for non-payment
THE SEVENTH SCHEDULE
[See section 102 (1)]
FORM OF WARRANT
(Here insert the name of the Officer charged with the execution of the warrant)
Whereas A.B. of______has not paid, and has not shown satisfactory cause for the non-payment of, the sum of_________due on account of_________________(here describe the liability) for the period of commencing on the_______day of______19______, and ending with_________day of_____19____,________which sum is leviable under__________;
AND Whereas thirty days have elapsed since the service on him of notice of demand for the same.
This is to direct you to distrain/attach the movable/immovable property (described below) of the said
THE EIGHTH SCHEDULE
[See Section 103 (2)]
FORM OF INVENTORY OF PROPERTY DISTRAINED AND NOTICE OF SALE
To
Shri/Shrimati
residing at
Please take notice that I have this day seized the property specified in the inventory annexed hereto for the value of______due for the liability1(Here describe liability) mentioned in the margin for the period commencing on the_______day of______,19_____,andendingwiththe_____day of_______19______, together with Rs._______due for service of notice of demand, and that unless within ten days from the date of the service of this notice you pay to the Chairperson the said amount together with the costs of recovery, the said property wil
THE NINTH SCHEDULE
[See Section 327 (1)]
PART I
PURPOSES FOR WHICH PREMISES MAY NOT BE USED WITHOUT A LICENCE
Carrying out any of the following trades or operations connected with trades--
1. Baking
2. Cinematograph films, Shooting of--
3. Cinematograph films by any process whatsoever. Treating of--
4. Chillies or masala or corn or seeds. Grinding of by mechanical means--
5. Cloth, yarn or leather in indigo or in other colours. Dyeing or printing of--
6. Cloth or yarn Bleaching--
&
THE TENTH SCHEDULE
[See Section 369 (1)]
PENALIITIES
Explanation--The entries in the second column of the following table headed"Subject" are not intended as definitions of the offences prescribedin the provisions mentioned in the first column or even as abstracts of thoseprovisions, but are inserted merely as reference to the subject thereof:--
TABLE
Section sub-section, clause or proviso Subject Fine or imprisonment which may be imposed Daily fine which may be imposed
1 2 3 4
Rs. Rs.
Section 74, sub-sections(1) and (2) Failure to give notice of transfer or devolution o
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