The NEW DELHI MUNICIPAL COUNCIL ACT, 1994

PRELIMINARY

Section 1 — Short title, extent and commencement.

(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.

Browse all 429 sections
  1. 1.Short title, extent and commencement.
  2. 2.Definitions.
  3. 3.Establishment of the Council.
  4. 4.Composition of the Council.
  5. 5.Duration of the Council.
  6. 6.Disqualification for membership of the Council.
  7. 7.Oath or affirmation.
  8. 8.Vacation of seat.
  9. 9.Setting-up of committees.
  10. 10.General powers of the Council.
  11. 11.Obligatory functions of the Council.
  12. 12.Discretionary functions of the Council.
  13. 13.Appointment, etc., of the Chairperson.
  14. 14.Leave of absence of Chairperson.
  15. 15.Appointment of officiating Chairperson in case of death, resignation or removal of Chairperson.
  16. 16.Salary and allowances of the Chairperson and members.
  17. 17.Service regulations of members.
  18. 18.Functions of the Chairperson.
  19. 19.Chairperson not to be interested in any contract, etc., with the Council.
  20. 20.Exercise of powers to be subject to sanction.
  21. 21.Meetings.
  22. 22.First meeting of the Council.
  23. 23.Notice of meetings and business.
  24. 24.Quorum.
  25. 25.Presiding Officer.
  26. 26.Method of deciding questions.
  27. 27.Members not to vote on matter in which they are interested.
  28. 28.Right to attend meetings of Council and its committees, etc., and right of members to ask questions in relation to the municipal government of New Delhi.
  29. 29.Keeping of minutes and proceedings.
  30. 30.Circulation of minutes and inspection of minutes and reports of proceedings.
  31. 31.Forwarding minutes and reports of proceedings to the Administrator.
  32. 32.Validation of proceedings, etc.
  33. 33.Appointment of certain officers.
  34. 34.Schedule of permanent posts and creation of temporary posts.
  35. 35.Restriction on employment of permanent officers and other employees.
  36. 36.Power to make appointments.
  37. 37.Officers and other employees not to undertake any extraneous work.
  38. 38.Officers and other employees not to be interested in any contract, etc., with the Council.
  39. 39.Punishment for municipal officers and other employees.
  40. 40.Consultation with the Union Public Service Commission.
  41. 41.Power of Commission to make regulations and reference to the Central Government in case of difference between the Commission and the Council.
  42. 42.Recruitment to category B and category C posts.
  43. 43.Power of Council to make regulations.
  44. 44.Constitution of the New Delhi Municipal Fund.
  45. 45.New Delhi Municipal Fund to be kept in the State Bank of India.
  46. 46.Operation of the Accounts.
  47. 47.Payments not to be made unless covered by a budget-grant.
  48. 48.Duty of persons signing cheques.
  49. 49.Procedure when money not covered by a budget-grant is expended.
  50. 50.Application of New Delhi Municipal Fund.
  51. 51.Temporary payments from the New Delhi Municipal Fund for works urgently required for the public service.
  52. 52.Investment of surplus moneys.
  53. 53.Constitution of Finance Commission.
  54. 54.Constitution of special funds.
  55. 55.Adoption of budget estimates.
  56. 56.Power of Council to alter budget estimates.
  57. 57.Power of Council to re-adjust income and expenditure during the year.
  58. 58.Accounts to be kept.
  59. 59.Audit.
  60. 60.Taxes to be imposed by the Council under this Act.
  61. 61.Rates of property tax.
  62. 62.Premises in respect of which property tax is to be levied.
  63. 63.Determination of rateable value of lands and buildings assessable to property tax.
  64. 64.Charge for supply of water.
  65. 65.Taxation of Union properties.
  66. 66.Incidence of property tax.
  67. 67.Apportionment of liability for property tax when the premises are let or sub-let.
  68. 68.Recovery of property tax from occupiers.
  69. 69.Property tax a first charge on premises on which it is assessed.
  70. 70.Assessment list.
  71. 71.Evidential value of assessment list.
  72. 72.Amendment of assessment list.
  73. 73.Preparation of new assessment list.
  74. 74.Notice of transfers.
  75. 75.Notice of erection of building, etc.
  76. 76.Notice of demolition or removal of buildings.
  77. 77.Power of Chairperson to call for information and returns and to enter and inspect premises.
  78. 78.Premises owned by, or let to two or more persons in severalty to be ordinarily assessed as one property.
  79. 79.Assessment in case of amalgamation of premises.
  80. 80.Power of Chairperson to assess separately outhouses and portions of buildings.
  81. 81.Power of Chairperson to employ valuers.
  82. 82.Tax on certain vehicles and animals and rates thereof.
  83. 83.The tax on whom leviable.
  84. 84.Tax when payable.
  85. 85.Power of Chairperson to compound with livery stable keeper, etc., for tax.
  86. 86.Theatre-tax.
  87. 87.Liability to pay theatre-tax.
  88. 88.Tax on advertisements.
  89. 89.Prohibition of advertisements without written permission of the Chairperson.
  90. 90.Permission of the Chairperson to become void in certain cases.
  91. 91.Presumption in case of contravention.
  92. 92.Power of Chairperson in case of contravention.
  93. 93.Duty on transfer of property and method of assessment thereto.
  94. 94.Provisions applicable on the introduction of transfer duty.
  95. 95.Tax on building applications.
  96. 96.Imposition of other taxes.
  97. 97.Supplementary taxation.
  98. 98.Time and manner of payment of taxes.
  99. 99.Presentation of bill.
  100. 100.Notice of demand and notice fee.
  101. 101.Penalty in case of default of payment of taxes.
  102. 102.Recovery of tax.
  103. 103.Distress.
  104. 104.Disposal of distrained property and attachment and sale of immovable property.
  105. 105.Recovery from a person about to leave New Delhi or Delhi.
  106. 106.Power to institute suit for recovery.
  107. 107.Power of seizure of vehicles and animals in case of non-payment of tax thereon.
  108. 108.Occupiers may be required to pay rent towards satisfaction of property tax.
  109. 109.Demolition, etc., of buildings.
  110. 110.Remission or refund of tax.
  111. 111.Power to require entry in assessment list of details of buildings.
  112. 112.Notice to be given of the circumstances in which remission or refund is claimed.
  113. 113.What buildings are to be deemed vacant.
  114. 114.Notice to be given of every occupation of vacant land or building.
  115. 115.Appeal against assessment, etc.
  116. 116.Conditions of right to appeal.
  117. 117.Condonation of delay in preferring the appeal.
  118. 118.Finality of appellate orders.
  119. 119.Power to inspect for purposes of determining rateable value or tax.
  120. 120.Composition.
  121. 121.Irrecoverable debts.
  122. 122.Obligation to disclose liability.
  123. 123.Immaterial error not to affect liability.
  124. 124.General power of exemption.
  125. 125.Payment of proceeds of entertainment and betting taxes to Council.
  126. 126.Power of Council to borrow.
  127. 127.Time for repayment of money borrowed under section 126.
  128. 128.Form and effect of debenture.
  129. 129.Payment to survivors of joint payees.
  130. 130.Receipt by joint holders for interest or dividend.
  131. 131.Maintenance and investment of sinking funds.
  132. 132.Application of sinking funds.
  133. 133.Annual statement by Chairperson.
  134. 134.Power of Council to consolidate loans.
  135. 135.Priority of payment for interest and repayment of loans over other payments.
  136. 136.Power to make regulations.
  137. 137.Acquisition of property.
  138. 138.Acquisition of immovable property by agreement.
  139. 139.Procedure when immovable property cannot be acquired by agreement.
  140. 140.Disposal of movable property.
  141. 141.Disposal of immovable property.
  142. 142.Contracts by the Council.
  143. 143.Procedure for making contracts.
  144. 144.Mode of executing contracts.
  145. 145.Definitions.
  146. 146.Council may carry out surveys and formulate proposals.
  147. 147.Functions in relation to water supplies.
  148. 148.Water supplied for domestic purposes not to be used for non-domestic purposes.
  149. 149.Supply of water for domestic purposes not to include any supply for certain specified purposes.
  150. 150.Power to supply water for non-domestic purposes.
  151. 151.Use of water for extinguishing fire.
  152. 152.Power to require water supply to be taken.
  153. 153.New premises not to be occupied without arrangement for water supply.
  154. 154.Public gratuitous water supply.
  155. 155.Power to lay mains.
  156. 156.Power to lay service pipes, etc.
  157. 157.Provision of fire hydrants.
  158. 158.Supply of water.
  159. 159.Laying of supply pipes, etc.
  160. 160.Power to require separate service pipes.
  161. 161.Stopcocks.
  162. 162.Power of Chairperson to provide meters.
  163. 163.Presumption as to correctness of meters.
  164. 164.Prohibition of waste or misuse of water.
  165. 165.Power to enter premises to detect waste or misuse of water.
  166. 166.Power to test water fittings.
  167. 167.Power to close or restrict use of water from polluted source of supply.
  168. 168.Water pipes, etc., not to be placed where water will be polluted.
  169. 169.Power to cut off private water supply or to turn off water.
  170. 170.Joint and several liability of owners and occupiers for offence in relation to water supply.
  171. 171.Public drains, etc., to vest in the Council.
  172. 172.Control of drains and sewage collection works.
  173. 173.Certain matters not to be passed into municipal drains.
  174. 174.Application by owners and occupiers to drain into municipal drains.
  175. 175.Drainage of and drained premises.
  176. 176.New premises not to be erected without drains.
  177. 177.Power to drain group or block of premises by combined operations.
  178. 178.Power of Chairperson to close or limit the use of private drains in certain cases.
  179. 179.Use of drain by a person other than the owner.
  180. 180.Sewage and rain water drains to be distinct.
  181. 181.Power of Chairperson to require owner to carry out certain works for satisfactory drainage.
  182. 182.Appointment of places for the emptying of drains and collection of sewage.
  183. 183.Connection with water works and drains not to be made without permission.
  184. 184.Building, railways and private streets not to be erected or constructed over drains or water works without permission.
  185. 185.Rights of user of property for aqueducts, lines, etc.
  186. 186.Power of owner of premises to place pipes and drains through land belonging to other persons.
  187. 187.Power to require railway level, etc., to be raised or lowered.
  188. 188.Power of Chairperson to execute work after giving notice to the person liable.
  189. 189.Power of Chairperson to affix shafts, etc., for ventilation of drain or cesspool.
  190. 190.Power of Chairperson to examine and test drains, etc., believed to be defective.
  191. 191.Bulk receipt of water and delivery of sewage by the Council.
  192. 192.Employment of Government agencies for repairs, etc.
  193. 193.Work to be done by licensed plumber.
  194. 194.Prohibition of certain acts.
  195. 195.Functions in relation to electricity supply.
  196. 196.Additional functions in relation to electricity supply.
  197. 197.Council to have powers and obligations of licensee under Act 9 of 1910.
  198. 198.Restriction on building and other acts interfering with the works of electric supply.
  199. 199.Power of Council to make arrangements with licensees.
  200. 200.Charges for supply of electricity.
  201. 201.Bulk receipt of electricity by the Council.
  202. 202.Vesting of public streets in the Council.
  203. 203.Functions of Chairperson in respect of public streets.
  204. 204.Disposal of land forming site of public streets permanently closed.
  205. 205.Power to make new public streets.
  206. 206.Minimum width of new public streets.
  207. 207.Power to prohibit or regulate use of public streets for certain kind of traffic.
  208. 208.Power to acquire lands and buildings for public streets and for public parking places.
  209. 209.Defining the regular line of streets.
  210. 210.Setting back building to regular line of street.
  211. 211.Compulsory setting back of building to regular line of street.
  212. 212.Acquisition of open land and land occupied by platform, etc., within the regular line of street.
  213. 213.Acquisition of the remaining part of a building and land after their portions within a regular line of street have been acquired.
  214. 214.Setting forward of buildings to the regular line of street.
  215. 215.Compensation to be paid in certain cases of setting back or setting forward of buildings, etc.
  216. 216.Owner‟s obligation when dealing with land as building sites.
  217. 217.Lay-out plans.
  218. 218.Alteration or demolition of street made in breach of section 217.
  219. 219.Power of Chairperson to order work to be carried out or to carry it out himself in default.
  220. 220.Right of owner to require streets to be declared public.
  221. 221.Prohibition of projections upon streets, etc.
  222. 222.Projections over streets may be permitted in certain cases.
  223. 223.Ground floor doors, etc., not to open outwards on streets.
  224. 224.Prohibition of structures or fixtures which cause obstruction in street.
  225. 225.Prohibition of deposit, etc., of things in streets.
  226. 226.Power to remove anything deposited or exposed for sale in contravention of this Act.
  227. 227.Prohibition of the tethering of animals and milking of cattle.
  228. 228.Precautions during repair of streets.
  229. 229.Streets not to be opened or broken up and building materials not to be deposited thereon without permission.
  230. 230.Disposal of things removed under this Chapter.
  231. 231.Naming and numbering of streets.
  232. 232.Chairperson to take steps for repairing or enclosing dangerous places.
  233. 233.Measures for lighting.
  234. 234.Prohibition of removal, etc., of lamps.
  235. 235.General superintendence, etc., of the Central Government.
  236. 236.Definition.
  237. 237.Prohibition of building without sanction.
  238. 238.Erection of building.
  239. 239.Applications for additions to, or repairs of, buildings.
  240. 240.Conditions of valid notice.
  241. 241.Sanction or refusal of building or work.
  242. 242.When building or work may be proceeded with.
  243. 243.Sanction accorded under misrepresentation.
  244. 244.Buildings at corners of streets.
  245. 245.Provisions as to buildings and works on either side of new streets.
  246. 246.Period for completion of building or work.
  247. 247.Order of demolition and stoppage of buildings or works in certain cases and appeal.
  248. 248.Order of stoppage of buildings or works in certain cases.
  249. 249.Power of Chairperson to require alteration of work.
  250. 250.Power to seal unauthorised constructions.
  251. 251.Completion certificates.
  252. 252.Restrictions on uses of buildings.
  253. 253.Appellate Tribunal.
  254. 254.Appeals against certain orders or notices issued under the Act.
  255. 255.Procedure of the Appellate Tribunal.
  256. 256.Appeal against orders of Appellate Tribunal.
  257. 257.Bar of jurisdiction of courts.
  258. 258.Removal of dangerous buildings.
  259. 259.Power to order building to be vacated in certain circumstances.
  260. 260.Power of the Central Government to make bye-laws.
  261. 261.Provision for daily cleansing of streets and removal of rubbish and filth.
  262. 262.Rubbish, etc., to be the property of the Council.
  263. 263.Provision or appointment of receptacles, depots and places for rubbish, etc.
  264. 264.Duty of owners and occupiers to collect and deposit rubbish, etc.
  265. 265.Collection and removal of filth and polluted matter.
  266. 266.Removal of rubbish, etc., accumulated on premises used as factories, workshop, etc.
  267. 267.Prohibition against accumulation of rubbish, etc.
  268. 268.Prohibition in respect of air pollutant.
  269. 269.Chairperson‟s power to get premises scavenged and cleansed.
  270. 270.Public latrines, urinals, etc.
  271. 271.Construction of latrines and urinals.
  272. 272.Latrines and urinals, etc., in new buildings.
  273. 273.Latrines and urinals for labourers, etc.
  274. 274.Provision of latrines and urinals for markets, etc.
  275. 275.Other provisions as to private latrines.
  276. 276.Removal of congested buildings.
  277. 277.Power of Chairperson to require improvement of building unfit for human habitation.
  278. 278.Enforcement of notice requiring execution of works of improvement.
  279. 279.Power of Chairperson to order demolition of buildings unfit for human habitation.
  280. 280.Insanitary huts and sheds.
  281. 281.Prohibition against washing by washerman.
  282. 282.Obligation to give information of dangerous disease.
  283. 283.Removal to hospital of patients, suffering from dangerous disease.
  284. 284.Disinfection of buildings and articles.
  285. 285.Destruction of infectious huts or sheds.
  286. 286.Means of disinfection.
  287. 287.Special measures in case of outbreak of dangerous or epidemic diseases.
  288. 288.Infected clothes not to be sent to washerman or to laundry.
  289. 289.Contamination and disinfection of public conveyance.
  290. 290.Driver of conveyance not bound to carry persons suffering from dangerous disease.
  291. 291.Disinfection of buildings before letting the same.
  292. 292.Disposal of infected articles without disinfection.
  293. 293.Prohibition of making or selling of food, etc., or washing of clothes by infected persons.
  294. 294.Power to restrict or prohibit sale of food or drink.
  295. 295.Control over wells and tanks, etc.
  296. 296.Duty of persons suffering from dangerous disease.
  297. 297.Disposal of infectious corpses where any person has died from any dangerous disease.
  298. 298.Conditions of service of sweepers and certain other class of persons employed in municipal service.
  299. 299.Conditions of service of sweepers employed for doing house scavenging.
  300. 300.Power to call for information regarding burning and burial grounds.
  301. 301.Permission for use of new burning or burial ground.
  302. 302.Power to require closing of burning and burial grounds.
  303. 303.Removal of corpses.
  304. 304.Disposal of dead animals.
  305. 305.Appointment of Chief Registrar, etc.
  306. 306.Duties of registrar.
  307. 307.Information of births and deaths.
  308. 308.Prohibition of nuisances.
  309. 309.Power of Chairperson to require removal or abatement of nuisance.
  310. 310.Registration and control of dogs.
  311. 311.Stacking or collecting inflammable materials.
  312. 312.Care of naked lights.
  313. 313.Discharging fire works, fire-arms, etc.
  314. 314.Power to require buildings, wells, etc., to be rendered safe.
  315. 315.Enclosure of waste land used for improper purpose.
  316. 316.Provision of municipal market.
  317. 317.Use of municipal markets and slaughter house.
  318. 318.Private markets.
  319. 319.Conditions of grant of licence for private market.
  320. 320.Prohibition of keeping market open without licence, etc.
  321. 321.Prohibition of use of unlicensed markets.
  322. 322.Prohibition of business and trade near a market.
  323. 323.Levy of stallages, rents and fees.
  324. 324.Power to expel disturbers, etc., from markets.
  325. 325.Butcher‟s fish-monger‟s and poulter‟s licence.
  326. 326.Factory, etc., not to be established without permission of the Chairperson.
  327. 327.Premises not to be used for certain purposes without licence.
  328. 328.Seizure of certain animals.
  329. 329.Power of Chairperson to prevent use of premises in particular areas for purposes referred to in section 327.
  330. 330.Licences for hawking articles, etc.
  331. 331.Eating houses, etc., not to be used without licence from the Chairperson.
  332. 332.Licensing and control of theatres, circuses and places of public amusement.
  333. 333.Power of Chairperson to stop use of premises used in contravention of licences.
  334. 334.Improvement scheme.
  335. 335.Matters to be provided for in an improvement scheme.
  336. 336.Submission of improvement scheme to the Council for approval and to the Central Government for sanction.
  337. 337.Rehousing scheme.
  338. 338.Improvement scheme and rehousing scheme to comply with the master plan and zonal development plan.
  339. 339.Signature, conditions, duration, suspension, revocation, etc., of licences and written permissions.
  340. 340.Powers of entry and inspection.
  341. 341.Power to enter land adjoining land in relation to any work.
  342. 342.Breaking into building.
  343. 343.Time of making entry.
  344. 344.Consent ordinarily to be obtained.
  345. 345.Regard to be had to social or religious usages.
  346. 346.Prohibition of obstruction or molestation in execution of work.
  347. 347.Public notices how to be made known.
  348. 348.Newspapers in which advertisements or notices to be published.
  349. 349.Proof of consent, etc., of Chairperson.
  350. 350.Notices, etc., to fix reasonable time.
  351. 351.Signature on notices, etc., may be stamped.
  352. 352.Notices, etc., by whom to be served or issued.
  353. 353.Services of notices, etc.
  354. 354.Service of bills for tax or notice of demand by ordinary post.
  355. 355.Powers in case of non-compliance with notice, etc.
  356. 356.Liability of occupier to pay in default of owner.
  357. 357.Execution of work by occupier in default of owner and deduction of expenses from rent.
  358. 358.Relief to agents and trustees.
  359. 359.General power to compensation.
  360. 360.Compensation to be paid by offenders for damage caused by them.
  361. 361.Reference to the court of the district judge in certain cases.
  362. 362.Application to the court of the district judge in other cases.
  363. 363.Mode of recovery of certain dues.
  364. 364.Right of owner to apply to the court of the district judge in case of obstruction by occupier.
  365. 365.General powers and procedure of the court of the district judge.
  366. 366.Fees in proceedings before the court of the district judge.
  367. 367.Repayment of half fees on settlement before hearing.
  368. 368.Power of the court of the district judge to delegate certain powers and to make rules.
  369. 369.Punishment for certain offences.
  370. 370.General penalty.
  371. 371.Offences by companies.
  372. 372.Certain offences to be cognizable.
  373. 373.Prosecutions.
  374. 374.Composition of offences.
  375. 375.Municipal magistrates.
  376. 376.Cognizance of offences.
  377. 377.Limitation of time for prosecution.
  378. 378.Power of magistrate to hear cases in absence of accused when summoned to appear.
  379. 379.Complaints concerning nuisances.
  380. 380.Procedure to be followed by magistrate regarding complaints concerning nuisances.
  381. 381.Arrest of offenders.
  382. 382.Duties of police officers.
  383. 383.Power to institute, etc., legal proceedings and obtain legal advice.
  384. 384.Protection of action of the Council, etc.
  385. 385.Notice to be given of suits.
  386. 386.Supplemental provisions respecting rules.
  387. 387.Supplemental provisions respecting regulations.
  388. 388.Power to make bye-laws.
  389. 389.Regulations and bye-laws to be laid before Parliament.
  390. 390.Penalty for breaches of bye-laws.
  391. 391.Supplemental provisions respecting bye-laws.
  392. 392.Bye-laws to be available for inspection and purchase.
  393. 393.Government to require production of documents.
  394. 394.Inspection.
  395. 395.Directions by Central Government.
  396. 396.Power to provide for enforcement of direction under section 395.
  397. 397.Power of Central Government to give directions in relation to primary schools, etc.
  398. 398.Dissolution of the Council.
  399. 399.Delegation of power by the Central Government.
  400. 400.Power to delegate functions of Chairperson.
  401. 401.Validity of notices and other documents.
  402. 402.Admissibility of document or entry as evidence.
  403. 403.Evidence of Municipal officer or employee.
  404. 404.Prohibition against obstruction of any municipal authority.
  405. 405.Prohibition against removal of mark.
  406. 406.Prohibition against removal or obliteration of notice.
  407. 407.Prohibition against unauthorised dealings with public place or materials.
  408. 408.Liability of Chairperson, etc., for loss, waste or misapplication of New Delhi Municipal Fund or property.
  409. 409.Members and municipal officers and employees to be public servants.
  410. 410.Annual administration report.
  411. 411.Other laws not to be disregarded.
  412. 412.Exemption of diplomatic or consular missions from payment of tax, etc.
  413. 413.Construction of references.
  414. 414.Council to undertake work on agency basis.
  415. 415.Power to remove difficulties.
  416. 416.Repeal and savings.
  417. 417.Expenditure in connection with the Council from the commencement of this Act to the adoption of the budget by the Council.
  418. 418.Transitory provision.
  419. 419.Repeal of Ordinance 8 of 1994.
  420. SCH-THE FIRST SCHEDULE.THE FIRST SCHEDULE
  421. SCH-THE SECOND SCHEDULE.THE SECOND SCHEDULE
  422. SCH-THE THIRD SCHEDULE.THE THIRD SCHEDULE
  423. SCH-THE FOURTH SCHEDULE.THE FOURTH SCHEDULE
  424. SCH-THE FIFTH SCHEDULE.THE FIFTH SCHEDULE
  425. SCH-THE SIXTH SCHEDULE.THE SIXTH SCHEDULE
  426. SCH-THE SEVENTH SCHEDULE.THE SEVENTH SCHEDULE
  427. SCH-THE EIGHTH SCEHDULE.THE EIGHTH SCEHDULE
  428. SCH-THE NINTH SCHEDULE.THE NINTH SCHEDULE
  429. SCH-THE TENTH SCHEDULE.THE TENTH SCHEDULE