Section List

44/1994 - The New Delhi Municipal Council Act, 1994 ▶

Act Number: 44

Act Name: The New Delhi Municipal Council Act, 1994

Year: 1994

Enactment Date: 1994-07-14

Long Title: An Act to provide for the establishment of the New Delhi Municipal Council and for matters connected therewith or incidental thereto.

Ministry: Ministry of Housing and Urban Affairs

Department:

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