NEW DELHI MUNICIPAL COUNCIL ACT 1994

NEW DELHI MUNICIPAL COUNCIL ACT 1994

S.1 Short title, extent and commencement

S.2 Definitions

S.3 Establishment of the Council

S.4 Composition of the Council

S.5 Duration of the Council

S.6 Disqualification for membership of the Council

S.7 Oath or affirmation

S.8 Vacation of seat

S.9 Setting-up of Committees

S.10 General powers of the Council

S.11 Obligatory functions of the Council

S.12 Discretionary functions of the Council

S.13 Appointment, etc., of the Chairperson

S.14 Leave of absence of Chairperson

S.15 Appointment of officiating Chairperson in case of death, resignation or removal of Chairperson

S.16 Salary and allowances of the Chairperson and members

S.17 Service regulations of members

S.18 Functions of the Chairperson

S.19 Chairperson not to be interested in any contract, etc. with the Council

S.20 Exercise of powers to be subject to sanction

S.21 Meetings

S.22 First Meeting of the Council

S.23 Notice of Meetings and Business

S.24 Quorum

S.25 Presiding Officer

S.26 Method of deciding questions

S.27 Members not to vote on matter in which they are interested

S.28 Right to attend meetings of Council and its committees, etc., and right of members and to ask questions in relation to the Municipal Government of New Delhi

S.29 Keeping of minutes and proceedings

S.30 Circulation of minutes and inspection of minutes and reports of proceedings

S.31 Forwarding minutes and reports of proceedings to the Administrator

S.32 Validation of proceedings, etc.

S.33 Appointment of certain officers

S.34 Schedule of permanent posts and creation of temporary posts

S.35 Restriction on employment of permanent officers and other employees

S.36 Power to make appointments

S.37 Officers and other employees not to undertake any extraneous work

S.38 Officers and other employees not to be interested in any contract, etc., with the Council

S.39 Punishment for municipal officers and other employees

S.40 Consultation with the Union Public Service Commission

S.41 Power of Commission to make regulations and reference to the Central Government in case of difference between the Commission and the Council

S.42 Recruitment to category B and category C posts

S.43 Power of Council to make regulations

S.44 Constitution of the New Delhi Municipal Fund

S.45 New Delhi Municipal Fund to be kept in the State Bank of India

S.46 Operation of the Accounts

S.47 Payments not to be made unless covered by a budget-grant

S.48 Duty of persons signing cheques

S.49 Procedure when money not covered by a budget-grant is expended

S.50 Application of New Delhi Municipal Fund

S.51 Temporary payments from the New Delhi Municipal Fund for works urgently required for the public service

S.52 Investment of surplus moneys

S.53 Constitution of Finance Commission

S.54 Constitution of special funds

S.55 Adoption of budget estimates

S.56 Power of Council to alter budget estimates

S.57 Power of Council to re-adjust income and expenditure during the year

S.58 Accounts to be kept

S.59 Audit

S.60 Taxes to be imposed by the Council under this Act

S.61 Rates of property tax

S.62 Premises in respect of which property tax is to be levied

S.63 Determination of rateable value of lands and buildings assessable to property tax

S.64 Charge for supply of water

S.65 Taxation of Union properties

S.66 Incidence of property tax

S.67 Apportionment of liability for property tax when the premises are let or sub-let

S.68 Recovery of property tax from occupiers

S.69 Property tax a first charge on premises on which it is assessed

S.70 Assessment list

S.71 Evidential value of assessment list

S.72 Amendment of assessment list

S.73 Preparation of new assessment list

S.74 Notice of transfers

S.75 Notice of erection of building, etc

S.76 Notice of demolition or removal of buildings

S.77 Power of Chairperson to call for information and returns and to enter and inspect premises

S.78 Premises owned by, or let to two or more persons in severalty to be ordinarily assessed as one property

S.79 Assessment in case of amalgamation of premises

S.80 Power of Chairperson to assess separately outhouses and portions of buildings

S.81 Power of Chairperson to employ valuers

S.82 Tax on certain vehicles and animals and rates thereof

S.83 The tax on whom leviable

S.84 Tax when payable

S.85 Power of Chairperson to compound with livery stable keeper, etc., for tax

S.86 Theatre-tax

S.87 Liability to pay theatre-tax

S.88 Tax on advertisements

S.89 Prohibition of advertisements without written permission of the Chairperson

S.90 Permission of the Chairperson to become void in certain cases

S.91 Presumption in case of contravention

S.92 Power of Chairperson in case of contravention

S.93 Duty on transfer of property and method of assessment thereto

S.94 Provisions applicable on the introduction of transfer duty

S.95 Description of instrument Amount on which duty should be levied Tax on building applications

S.96 Imposition of other taxes

S.97 Supplementary taxation

S.98 Time and manner of payment of taxes

S.99 Presentation of bill

S.100 Notice of demand and notice fee

S.101 Penalty in case of default of payment of taxes

S.102 Recovery of tax

S.103 Distress

S.104 Disposal of distrained property and attachment and sale of immovable property

S.105 Recovery from a person about to leave New Delhi or Delhi

S.106 Power to institute suit for recovery

S.107 Power of seizure of vehicles and animals in case of non-payment of tax thereon

S.108 Occupiers may be required to pay rent towards satisfaction of property tax

S.109 Demolition, etc., of building

S.110 Remission or refund of tax

S.111 Power to require entry in assessment list of details of buildings

S.112 Notice to be given of the circumstances in which remission or refund is claimed

S.113 What buildings are to be deemed vacant

S.114 Notice to be given of every occupation of vacant land or building

S.115 Appeal against assessment, etc

S.116 Conditions of right to appeal

S.117 Condonation of delay in preferring the appeal

S.118 Finality of appellate orders

S.119 Power to inspect for purposes of determining rateable value or tax

S.120 Composition

S.121 Irrecoverable debts

S.122 Obligation to disclose liability

S.123 Immaterial error not to affect liability

S.124 General power of exemption

S.125 Payment of proceeds of entertainment and betting taxes to Council

S.126 Power of Council to borrow

S.127 Time for repayment of money borrowed under section 126

S.128 Form and effect of debenture

S.129 Payment to survivors of joint payees

S.130 Receipt by joint holders for interest or dividend

S.131 Maintenance and investment of sinking funds

S.132 Application of sinking funds

S.133 Annual statement by Chairperson

S.134 Power of Council to consolidate loans

S.135 Priority of payment for interest and repayment of loans over other payments

S.136 Power to make regulations

S.137 Acquisition of property

S.138 Acquisition of immovable property by agreement

S.139 Procedure when immovable property cannot be acquired by agreement

S.140 Disposal of movable property

S.141 Disposal of immovable property

S.142 Contracts by the Council

S.143 Procedure for making contracts

S.144 Mode of executing contracts

S.145 Definitions

S.146 Council may carry out surveys and formulate proposals

S.147 Functions in relation to water supplies

S.148 Water supplied for domestic purposes not to be used for non-domestic purposes

S.149 Supply of water for domestic purposes not to include any supply for certain specified purposes

S.150 Power to supply water for non-domestic purposes

S.151 Use of water for extinguishing fire

S.152 Power to require water supply to be taken

S.153 New premises not to be occupied without arrangement for water supply

S.154 Public gratuitous water supply

S.155 Power to lay mains

S.156 Power to lay service pipes, etc.

S.157 Provision of fire hydrants

S.158 Supply of water

S.159 Laying of supply pipes, etc.

S.160 Power to require separate service pipes

S.161 Stopcocks

S.162 Power of Chairperson to provide meters

S.163 Presumption as to correctness of meters

S.164 Prohibition of waste or misuse of water

S.165 Power to enter premises to detect waste or misuse of water

S.166 Power to test water fittings

S.167 Power to close or restrict use of water from polluted source of supply

S.168 Water pipes, etc., not to be placed where water will be polluted

S.169 Power to cut off private water supply or to turn off water

S.170 Joint and several liability of owners and occupiers for offence in relation to water supply

S.171 Public drains, etc., to vest in the Council

S.172 Control of drains and sewage collection works

S.173 Certain matters not to be passed into municipal drains

S.174 Application by owners and occupiers to drain into municipal drains

S.175 Drainage of undrained premises

S.176 New premises not to be erected without drains

S.177 Power to drain group or block of premises by combined operations

S.178 Power of Chairperson to close or limit the use of private drains in certain cases

S.179 Use of drain by a person other than the owner

S.180 Sewage and rain water drains to be distinct

S.181 Power of Chairperson to require owner to carry out certain works for satisfactory drainage

S.182 Appointment of places for the emptying of drains and collection of sewage

S.183 Connection with water works and drains not to be made without permission

S.184 Buildings, railways and private streets not to be erected or constructed over drains or water works without permission

S.185 Rights of user of property for aqueducts, lines, etc.

S.186 Power of owner of premises to place pipes and drains through land belonging to other persons

S.187 Power to require railway level, etc., to be raised or lowered

S.188 Power of Chairperson to execute work after giving notice to the person liable

S.189 Power of Chairperson to affix shafts, etc., for ventilation of drain or cesspool

S.190 Power of Chairperson to examine and test drains, etc., believed to be defective

S.191 Bulk receipt of water and delivery of sewage by the Council

S.192 Employment of Government agencies for repairs, etc.

S.193 Work to be done by licensed plumber

S.194 Prohibition of certain acts

S.195 Functions in relation to electricity supply

S.196 Additional functions in relation to electricity supply

S.197 Council to have powers and obligations of licensee under Act 9 of 1910

S.198 Restriction on building and other acts interfering with the works of electric supply

S.199 Power of Council to make agreements with licensees

S.200 Charges for supply of electricity

S.201 Bulk receipt of electricity by the Council

S.202 Vesting of public streets in the Council

S.203 Disposal of land forming site of public streets permanently closed

S.204 Disposal of land forming site of public streets permanently closed

S.205 Power to make new public streets

S.206 Minimum width of new public streets

S.207 Power to prohibit or regulate use of public streets for certain kind of traffic

S.208 Power to acquire lands and buildings for public streets and for public parking places

S.209 Defining the regular line of streets

S.210 Setting back building to regular line of street

S.211 Compulsory setting back of building to regular line of street

S.212 Acquisition of open land and land occupied by platform, etc., within the regular line of street

S.213 Acquisition of the remaining part of a building and land after their portions within a regular line of street have been acquired

S.214 Setting forward of buildings to the regular line of street

S.215 Compensation to be paid in certain cases of setting back or setting forward of buildings, etc.

S.216 Owner's obligation when dealing with land as building sites

S.217 Lay-out plans

S.218 Alteration or demolition of street made in breach of section 117

S.219 Power of Chairperson to order work to be carried out or to carry out himself in default

S.220 Right of owner to require streets to be declared public

S.221 Prohibition of projections upon streets, etc.

S.222 Projections over streets may be permitted in certain cases

S.223 Ground floor doors, etc., not to open outwards on streets

S.224 Prohibition of structures or fixtures which cause obstruction in street

S.225 Prohibition of deposit, etc., of things in streets

S.226 Power to remove anything deposited or exposed for sale in contravention of this Act

S.227 Prohibition of the tethering of animals and milking of cattle

S.228 Precautions during repair of streets

S.229 Streets not to be opened or broken up and building materials not to be deposited thereon without permission

S.230 Disposal of things removed under this Chapter

S.231 Naming and numbering of streets

S.232 Chairperson to take steps for repairing or enclosing dangerous places

S.233 Measures for lighting

S.234 Prohibition of removal, etc., of lamps

S.235 General superintendence, etc., of the Central Government

S.236 Definition

S.237 Prohibition of building without sanction

S.238 Erection of building

S.239 Applications for additions to, or repairs of buildings

S.240 Conditions of valid notice

S.241 Sanction or refusal of building or work

S.242 When building or work may be proceeded with

S.243 Sanction accorded under misrepresentation

S.244 Buildings at corners of streets

S.245 Provisions as to buildings and works on either side of new streets

S.246 Period for completion of building or work

S.247 Order of demolition and stoppage of buildings or works in certain cases and appeal

S.248 Order of stoppage of buildings or works in certain cases

S.249 Power of Chairperson to require alteration of work

S.250 Power to seal unauthorised constructions

S.251 Completion certificates

S.252 Restrictions on uses of buildings

S.253 Appellate Tribunal

S.254 Appeals against certain orders or notices issued under the Act

S.255 Procedure of the Appellate Tribunal

S.256 Appeal against orders of Appellate Tribunal

S.257 Bar of jurisdiction of courts

S.258 Removal of dangerous buildings

S.259 Power to order building to be vacated in certain circumstances

S.260 Power of the Central Government to make bye-laws

S.261 Provision for daily cleansing of streets and removal of rubbish and filth

S.262 Rubbish, etc., to be the property of the Council

S.263 Provision or appointment of receptacles, depots and places for rubbish, etc.

S.264 Duty of owners and occupiers to collect and deposit rubbish, etc.

S.265 Collection and removal of filth and polluted matter

S.266 Removal of rubbish, etc. accumulated on premises used as factories, workshop, etc.

S.267 Prohibition against accumulation of rubbish, etc.

S.268 Prohibition in respect of air pollutant

S.269 Chairperson's power to get premises scavenged and cleansed

S.270 Public latrines, urinals, etc.

S.271 Construction of latrines and urinals

S.273 Latrines and urinals for labourers, etc.

S.274 Provision of latrines and urinals for markets, etc.

S.275 Other provisions as to private latrines

S.276 Removal of congested buildings

S.277 Power of Chairperson to require improvement of building unfit for human habitation

S.278 Enforcement of notice requiring execution of works of improvement

S.279 Power of Chairperson to order demolition of buildings unfit for human habitation

S.280 Insanitary huts and sheds

S.281 Prohibition against washing by washerman

S.282 Obligation to give information of dangerous disease

S.283 Removal to hospital of patients, suffering from dangerous disease

S.284 Disinfection of buildings and articles

S.285 Destruction of infectious huts or sheds

S.286 Means of disinfection

S.287 Special measures in case of out-break of dangerous or epidemic diseases

S.288 Infected clothes not to be sent to washerman or to laundry

S.289 Contamination and disinfection of public conveyance

S.290 Driver of conveyance not bound to carry persons suffering from dangerous disease

S.291 Disinfection of buildings before letting the same

S.292 Disposal of infected articles without Disinfection

S.293 Prohibition of making or selling of food, etc., or washing of clothes by infected persons

S.294 Power to restrict or prohibit sale of food or drink

S.295 Control over wells and tanks, etc.

S.296 Duty of persons suffering from dangerous disease

S.297 Disposal of infectious corpses where any person has died from any dangerous disease

S.298 Conditions of service of sweepers and certain other class of persons employed in municipal service

S.299 Conditions of service of sweepers employed for doing house scavenging

S.300 Power to call for information regarding burning and burial grounds

S.301 Permission for use of new burning or burial ground

S.302 Power to require closing of burning and burial grounds

S.303 Removal of corpses

S.304 Disposal of dead animals

S.305 Appointment of Chief Registrar, etc.

S.306 Duties of registrar

S.307 Information of births and deaths

S.308 Prohibition of nuisances

S.309 Power of Chairperson to require removal or abatement of nuisance

S.310 Registration and control of dogs

S.311 Stacking or collecting inflammable materials

S.312 Care of naked lights

S.313 Discharging fireworks, fire-arms, etc.

S.314 Power to require buildings, wells, etc., to be rendered safe

S.315 Enclosure of waste land used for improper purpose

S.316 Provision of municipal market

S.317 Use of municipal markets and slaughter house

S.318 Private markets

S.319 Conditions of grant of licence for private market

S.320 Prohibition of keeping market open without licence, etc.

S.321 Prohibition of use of unlicensed markets

S.322 Prohibition of business and trade near a market

S.323 Levy of stallages rents and fees

S.324 Power to expel disturbers, etc., from markets

S.325 Butcher's fish-monger's and poulter's licence

S.326 Factory, etc., not to be established without permission of the Chairperson

S.327 Premises not to be used for certain purposes without licence

S.328 Seizure of certain animals

S.329 Power of Chairperson to prevent use of premises in particular areas for purposes referred to in section 327

S.330 Licences for hawking articles, etc.

S.331 Eating houses, etc., not to be used without licence from the Chairperson

S.332 Licensing and control of theatres, circuses and places of public amusement

S.333 Power of Chairperson to stop use of premises used in contravention of Licences

S.334 Improvement scheme

S.335 Matters to be provided for in an improvement scheme

S.336 Submission of improvement scheme to the Council for approval and to the Central Government for sanction

S.337 Rehousing scheme

S.338 Improvement scheme and rehousing scheme to comply with the master plan and zonal development plan

S.339 Signature, conditions, duration, suspension, revocation, etc., of licences and written permissions

S.340 Powers of entry and inspection

S.341 Power to enter land adjoining land in relation to any work

S.342 Breaking into building

S.343 Time of making entry

S.344 Consent ordinarily to be obtained

S.345 Regard to be had to social or religious usages

S.346 Prohibition of obstruction or molestation in execution of work

S.347 Public notices how to be made known

S.348 Newspapers in which advertisements or notices to be published

S.349 Proof of consent, etc., of Chairperson

S.350 Notices, etc., to fix reasonable time

S.351 Signature on notices, etc., maybe stamped

S.352 Notices, etc., by whom to be served or issued

S.353 Services of notices, etc.

S.354 Service of bills for tax or notice of demand by ordinary post

S.355 Powers in case of non-compliance with notice, etc.

S.356 Liability of occupier to pay in default of owner

S.357 Execution of work by occupier in default of owner and deduction of expenses from rent

S.358 Relief to agents and trustees

S.359 General power to compensation

S.360 Compensation to be paid by offenders for damage caused by them

S.361 Reference to the court of the district judge in certain cases

S.362 Application to the court of the district judge in other cases

S.363 Mode of recovery of certain dues

S.364 Right of owner to apply to the court of the district judge in case of obstruction by occupier

S.365 General powers and procedure of the court of the district judge

S.366 Fees in proceedings before the court of the district judge

S.367 Repayment of half fees on settlement before hearing

S.368 Power of the court of the district judge to delegate certain powers and to make rules

S.369 Punishment for certain offences

S.370 General penalty

S.371 Offences by companies

S.372 Certain offences to be cognizable

S.373 Prosecutions

S.374 Composition of offences

S.375 Municipal magistrates

S.376 Cognizance of offences

S.377 Limitation of time for prosecution

S.378 Power of magistrate to hear cases in absence of accused when summoned to appear

S.379 Complaints concerning nuisances

S.380 Procedure to be followed by Magistrate regarding complaints concerning nuisances

S.381 Arrest of offenders

S.382 Duties of police officers

S.383 Power to institute, etc., legal proceedings and obtain legal advice

S.384 Protection of action of the Council, etc.

S.385 Notice to be given of suits

S.386 Supplemental provisions respecting rules

S.387 Supplemental provisions respecting regulations

S.388 Power to make bye-laws

S.389 Regulations and bye-laws to be laid before Parliament

S.390 Penalty for breaches of bye-laws

S.391 Supplemental provisions respecting bye-laws

S.392 Bye-laws to be available for inspection and purchase

S.393 Government to require production of documents

S.394 Inspection

S.395 Directions by Central Government

S.396 Power to provide for enforcement of direction under section 395

S.397 Power of Central Government to give directions in relation to primary schools, etc.

S.398 Dissolution of the Council

S.399 Delegation of power by the Central Government

S.400 Power to delegate functions of Chairperson

S.401 Validity of notices and other documents

S.402 Admissibility of document or entry as evidence

S.403 Evidence of Municipal officer or employee

S.404 Prohibition against obstruction of any municipal authority

S.405 Prohibition against removal of mark

S.406 Prohibition against removal or obliteration of notice

S.407 Prohibition against unauthorised dealings with public place or materials

S.408 Liability of Chairperson, etc., for loss, waste or misapplication of New Delhi Municipal Fund or property

S.409 Members and municipal officers and employees to be public servants

S.410 Annual administration report

S.411 Other laws not to be disregarded

S.412 Exemption of diplomatic or consular missions from payment of tax, etc.

S.413 Construction of references

S.414 Council to undertake work on agency basis

S.415 Power to remove difficulties

S.416 Repeal and Savings

S.417 Expenditure in connection with the Council from the commencement of this Act to the adoption of the budget by the Council

S.418 Transitory provision

S.419 Repeal of Ordinance 8 of 1994

Sch.1 FIRST SCHEDULE

Sch.2 SECOND SCDEDULE

Sch.3 THIRD SCHEDULE

Sch.4 FOUTH SCHEDULE

Sch.5 FIFTH SCHEDULE

Sch.6 SIXTH SCHEDULE

Sch.7 SEVENTH SCHEDULE

Sch.8 EIGHTH SCHEDULE

Sch.9 NINTH SCHEDULE

Sch.10 TENTH SCHEDULE

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