LexThe New Delhi Municipal Council Act, 1994
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THE NEW DELHI MUNICIPAL COUNCIL ACT, 1994
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
THE COUNCIL
Constitution of the Council
3. Establishment of the Council.
4. Composition of the Council.
5. Duration of the Council.
6. Disqualification for membership of the Council.
Members
7. Oath or affirmation.
8. Vacation of seat.
Committees of the Council
9. Setting-up of committees.
CHAPTER III
FUNCTIONS OF THE COUNCIL
10. General powers of the Council.
11. Obligatory functions of the Council.
12. Discretionary functions of the Council.
CHAPTER IV
THE CHAIRPERSON
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.
CHAPTER V
PROCEDURE
Transaction of business by the Council
21. Meetings.
22. First meeting of the Council.
23. Notice of meetings and business.
24. Quorum.
25. Presiding Officer.
26. Method of deciding questions.
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SECTIONS
27. Members not to vote on matter in which they are interested.
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. 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.
Validation
32. Validation of proceedings, etc.
CHAPTER VI
MUNICIPAL OFFICERS AND OTHER MUNICIPAL EMPLOYEES
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.
41. Power of Commission to make regulations and reference to the Central Government in case of
difference between the Commission and the Council.
42. Recruitment to category B and category C posts.
43. Power of Council to make regulations.
CHAPTER VII
REVENUE AND EXPENDITURE
The New Delhi Municipal Fund
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.
51. Temporary payments from the New Delhi Municipal Fund for works urgently required for the
public service.
52. Investment of surplus moneys.
53. Constitution of Finance Commission.
Special Funds
54. Constitution of special funds.
Budget estimates
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.
ACCOUNTS AND AUDIT
Scrutiny and audit of accounts
58. Accounts to be kept.
59. Audit.
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CHAPTER VIII
TAXATION
Levy of taxes
SECTIONS
60. Taxes to be imposed by the Council under this Act.
Property tax
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.
78. Premises owned by , or let to two or more persons in severalty to be ordinarily assessed as one
property.
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.
Tax on vehicles and animals
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.
Theatre-tax
86. Theatre-tax.
87. Liability to pay theatre-tax.
Tax on advertisements other than advertisements published in the newspapers
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.
Duty on transfer of property
93. Duty on transfer of property and method of assessment thereto.
94. Provisions applicable on the introduction of transfer duty.
Tax on buildings payable along with the application for sanction of building plans
95. Tax on building applications.
Other taxes
96. Imposition of other taxes.
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Supplementary taxation
SECTIONS
97. Supplementary taxation.
Payment and recovery of taxes
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.
Remission and refund
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.
Appeals
115. Appeal against assessment, etc.
116. Conditions of right to appeal.
117. Condonation of delay in preferring the appeal.
118. Finality of appellate orders.
Miscellaneous provisions relating to taxation
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.
Taxes on entertainment and betting
125. Payment of proceeds of entertainment and betting taxes to Council.
CHAPTER IX
BORROWING
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.
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CHAPTER X
PROPERTY AND CONTRACTS
Property
SECTIONS
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.
Contracts
142. Contracts by the Council.
143. Procedure for making contracts.
144. Mode of executing contracts.
CHAPTER XI
WATER SUPPLY, DRAINAGE AND SEWAGE COLLECTION
General
145. Definitions.
146. Council may carry out surveys and formulate proposals.
Water supply
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.
Drainage and sewerage
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.
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SECTIONS
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.
Collection of sewage
182. Appointment of places for the emptying of drains and collection of sewage.
Miscellaneous
183. Connection with water works and drains not to be made without permission.
184. Building, railways and private streets not to be erected or constructed over drains or water works
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.
CHAPTER XII
ELECTRICITY SUPPLY
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.
CHAPTER XIII
STREETS
Construction, maintenance and improvement of streets
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.
213. Acquisition of the remaining part of a building and land after their portions within a regular line
of street have been acquired.
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.
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Private streets
SECTIONS
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.
Encroachments on streets
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.
Provision concerning execution of works in or near to streets
228. Precautions during repair of streets.
229. Streets not to be opened or broken up and building materials not to be deposited thereon without
permission.
230. Disposal of things removed under this Chapter.
Naming and numbering of streets and numbering of buildings
231. Naming and numbering of streets.
Repair or enclosure of dangerous places
232. Chairperson to take steps for repairing or enclosing dangerous places.
Lighting of streets
233. Measures for lighting.
234. Prohibition of removal, etc., of lamps.
CHAPTER XIV
BUILDING REGULATIONS
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.
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SECTIONS
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.
CHAPTER XV
SANITATION AND PUBLIC HEALTH
Conservancy and sanitation
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.
Latrines and urinals
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.
Removal of congested buildings and buildings unfit for human habitation
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.
Regulation of washing by washermen
281. Prohibition against washing by washerman.
Prevention of Dangerous Diseases
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.
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SECTIONS
297. Disposal of infectious corpses where any person has died from any dangerous disease.
Special conditions regarding essential services
298. Conditions of service of sweepers and certain other class of persons employed in municipal
service.
299. Conditions of service of sweepers employed for doing house scavenging.
Burning and burial grounds
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.
Disposal of dead animals
304. Disposal of dead animals.
CHAPTER XVI
VITAL STATISTICS
305. Appointment of Chief Registrar, etc.
306. Duties of registrar.
307. Information of births and deaths.
CHAPTER XVII
PUBLIC SAFETY AND SUPPRESSION OF NUISANCES
Nuisances
308. Prohibition of nuisances.
309. Power of Chairperson to require removal or abatement of nuisance.
Dogs
310. Registration and control of dogs.
Prevention of fire, etc.
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.
CHAPTER XVIII
MARKETS, TRADES AND OCCUPATIONS
Maintenance and regulation of markets
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.
Trades and occupations
326. Factory, etc., not to be established without permission of the Chairperson.
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SECTIONS
327. Premises not to be used for certain purposes without licence.
328. Seizure of certain animals.
329. Power of Chairperson to prevent use of premises in particular areas for purposes referred to in
section 327.
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.
CHAPTER XIX
IMPROVEMENT
334. Improvement scheme.
335. Matters to be provided for in an improvement scheme.
336. Submission of improvement scheme to the Council for approval and to the Central Government
for sanction.
337. Rehousing scheme.
338. Improvement scheme and rehousing scheme to comply with the master plan and zonal
development plan.
CHAPTER XX
POWERS, PROCEDURE, OFFENCES AND PENALTIES
Licences and written permissions
339. Signature, conditions, duration, suspension, revocation, etc., of licences and written permissions.
Entry and inspection
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.
Public notices and advertisements
347. Public notices how to be made known.
348. Newspapers in which advertisements or notices to be published.
Evidence
349. Proof of consent, etc., of Chairperson.
Notices, etc.
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.
Recovery of expenses
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.
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Payment of compensation
SECTIONS
359. General power to compensation.
360. Compensation to be paid by offenders for damage caused by them.
Recovery of expenses or compensation in case of dispute
361. Reference to the court of the district judge in certain cases.
362. Application to the court of the district judge in other cases.
Recovery of certain dues
363. Mode of recovery of certain dues.
Obstruction of owner by occupier
364. Right of owner to apply to the court of the district judge in case of obstruction by occupier.
Proceedings before the court of the district judge
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.
Offences and penalties
369. Punishment for certain offences.
370. General penalty.
371. Offences by companies.
372. Certain offences to be cognizable.
373. Prosecutions.
374. Composition of offences.
Magistrates and proceedings before magistrates
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.
Powers and duties of police officers
381. Arrest of offenders.
382. Duties of police officers.
Legal proceedings
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.
CHAPTER XXI
RULES, REGULATIONS AND BYE-LAWS
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.
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CHAPTER XXII
CONTROL
SECTIONS
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.
CHAPTER XXIII
MISCELLANEOUS
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.
408. Liability of Chairperson, etc., for loss, waste or misapplication of New Delhi Municipal Fund or
property.
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.
417. Expenditure in connection with the Council from the commencement of this Act to the adoption
of the budget by the Council.
418. Transitory provision.
419. Repeal of Ordinance 8 of 1994.
THE FIRST SCHEDULE.—BOUNDARIES OF NEW DELHI.
THE SECOND SCHEDULE.—RATES OF TAXES LEVIABLE ON VEHICLES AND ANIMALS.
THE THIRD SCHEDULE.—THEATRE-TAX.
THE FOURTH SCHEDULE .—TAX ON ADVERTISEMENTS OTHER THAN ADVERTISEMENTS
PUBLISHED IN THE NEWSPAPERS.
THE FIFTH SCHEDULE.—TAX ON BUILDING APPLICATIONS.
THE SIXTH SCHEDULE.—NOTICE OF DEMAND.
THE SEVENTH SCHEDULE.—FORM OF WARRANT.
THE EIGHTH SCEHDULE .—FORM OF INVENTORY OF PROPERTY DISTRAINED AND NOTICE OF
SALE.
THE NINTH SCHEDULE .—PURPOSES FOR WHICH PREMISES MAY NOT BE USED WITHOUT A
LICENCE.
THE TENTH SCHEDULE.—PENALTIES.
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THE NEW DELHI MUNICIPAL COUNCIL ACT, 1994
ACT NO. 44 OF 1994
[14th July, 1994.]
An Act to provide for the establishment of the New Delhi Municipal Council and for matters
connected therewith or incidental thereto.
BE it enacted by Parliament in the Forty-fifth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
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.
2. Definitions.—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 pr ovisions of this Act
and the regulations made thereunder;
(4) “building” means a house, out -house, stable, latrine, urinal, shed, hut, wall (other than a
boundary wall) or any other structure, whether of m asonry, bricks, wood, mud, metal or other
material but does not include any portable shelter;
(5) “bye-law” means a bye-law made under this Act, by notification in the Official Gazette;
(6) “casual vacancy” means a vacancy occurring otherwise than by efflux of time in the office of
a member of the Council;
(7) “Chairperson” means the Chairperson of the Council;
(8) “Corporation” means the Municipal Corporation of Delhi established under the Delhi
Municipal Corporation Act, 1957 (66 of 1957);
(9) “Council” means the New Delhi Municipal Council established under this Act;
(10) “dangerous disease” means—
(a) cholera, plague, chicken -pox, small -pox, tuberculosis, leprosy, enteric fever,
cerebrospinal meningitis and diptheria; and
(b) any other epidemic, endemic or infectious disease which the Chairperson may, by
notification in the Official Gazette, declare to be a dangerous disease for the purposes of this Act;
(11) “Delhi” means the entire area of the National Capital Territory of Delhi except New Delhi
and Delhi Cantonment as defined in clause ( 11) of section 2 of the Delhi Municipal Corporation Act,
1957 (66 of 1957);
(12) “drain” includes a sewer, a house drain, a drain of any other description, a tunnel, a culvert, a
ditch, a channel and any other device for carrying off sewage, offensive matter, polluted water, waste
water, rain water or sub-soil water;
(13) “entertainment” includes any exhibition, performance, amusement, game or sport to which
persons are ordinarily admitted on payment;
(14) “factory” means a factory as defined in the Factories Act, 1948 (63 of 1948);
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(15) “filth” includes offensive matter and sewage;
(16) “goods” includes animals;
(17) “Government” means the Government of the National Capital Territory of Delhi;
(18) “house-gully” means a passage or strip of land constructed, set apart or utilised for th e
purpose of serving as or carrying a drain or affording access to a latrine, urinal, cesspool or other
receptacle for filth or other polluted matter, by municipal employee or other person employed in the
cleansing thereof or in the removal of such matter therefrom;
(19) “hut” means any building which is constructed principally of wood, bamboo, mud, leaves,
grass, cloth or thatch and includes any structure of whatever material made which the Council may
declare to be a hut for the purposes of this Act;
(20) “inhabitant”, in relation to the municipal area of New Delhi includes any person ordinarily
residing or carrying on business or owning or occupying immovable property therein and in case of a
dispute, means any person or persons declared by the Chairperson to be an inhabitant;
(21) “land” includes benefits to arise out of land, things att ached to the earth or permanently
fastened to anything attached to the earth and rights created by law over any street;
(22) “licensed engineer” and “licensed plumber” mean respectively a person licensed under the
provisions of this Act as an engineer and a plumber;
(23) “market” includes any place where persons assemble for the sale of, or for the purpose of
exposing for sale, meat, fish, fruits, vegetables, animals intended for human consumption or any other
articles of human food whatso ever, with or without the consent of the owner of such place
notwithstanding that there may be no common regulation for the concourse of buyers and sellers and
whether or not any control is exercised over the business of, or the person frequenting, the mar ket by
the owner of the place or by any other person;
(24) “member”, in relation to the Council, means a member of the Council and includes the
Chairperson;
(25) “municipal market” means a market vested in or managed by the Council;
(26) “municipal water works” means water works vested in the Council;
(27) “New Delhi” means the area within the boundaries described in the First Schedule;
(28) “nuisance” includes any act, omission, place, animal or thing which causes or is likely to
cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or disturbance to
rest or sleep, or which is or may be dangerous to life or injurious to health or property;
(29) “occupier” includes—
(a) any person who for the time being is paying or is liable to pay to the owner the rent or any
portion of the rent of the land or building in respect of which such rent is paid or is payable;
(b) an owner in occupation of or otherwise using his land or building;
(c) a rent-free tenant of any land or building;
(d) a licensee in occupation of any land or building; and
(e) any person who is liable to pay to the owner damages for the use and occupation of any
land or building;
(30) “offensive matter” includes animal carcasses, kitchen or stable refuse, dung, dirt and putrid
or putrefying substances other than sewage;
(31) “Official Gazette” means the Official Gazette of the National Capital Territory of Delhi;
(32) “owner” includes a person who for the time being is receiving or is entitled to receive, the
rent of any land or building whether on his own account or on account of himself and others or as an
agent, trustee, guardian or receiver for any other person or who should so receive the rent or be
entitled to receive it if the land or building or part thereof were let to a tenant and also includes—
(a) the custodian of evacuee property in respect of evacuee property vested in him under the
Administration of Evacuee Property Act, 1950 (31 of 1950); and
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(b) the estate officer to the Government of India, the Secretary of the Delhi Development
Authority, constituted under the Delhi Development Act, 1957 (61 of 1957), the General Manager
of a railway and the head of a Government department, in respect of properties under their
respective control;
(33) “premises” means any land or building or part of a building and includes—
(a) the garden, ground and out-houses, if any, appertaining to a building or part of a building;
and
(b) any fittings affixed to a building or part of a building for the more beneficial enjoyment
thereof;
(34) “prescribed” means prescribed by rules made under this Act;
(35) “private market” means a market which is not a municipal market;
(36) “private street ” means any street, which is not a public street and includes any passage
securing access to two or more places belonging to the same or different owners;
(37) “public place ” means any place which is open to the use and enjoyment of the public,
whether it is actually used or enjoyed by the public or not;
(38) “public securities” means any securities of the Central Government or a State Government or
any securities guaranteed by the Central Government or a State Government or any securities issued
under this Act or any debentures issued by the Bombay, Calcutta, Delhi or Madras Municipal
Corporation;
(39) “public street ” means any street which vests in the Council as a public street or the soil
below the surface of which vests in the Council or which under the provisions of this Act becomes, or
is declared to be, a public street;
(40) “railway administration ” has the meaning assigned to it in the Railways Act, 1989
(24 of 1989);
(41) “rate payer” means a person liable to pay any rate, tax, cess or licence fee under this Act;
(42) “rateable value ” means the value of any land or building fixed in accordance with the
provisions of this Act and the bye -laws made thereunder for the purpose of assessment to pro perty
taxes;
(43) “regulation” means a regulation made by the Council under this Act by notification in the
Official Gazette;
(44) “reside”,—
(a) a person shall be deemed to “reside” in any dwelling -house which or some portion of
which he sometimes, although not uninterruptedly, uses as a sleeping apartment, and
(b) a person shall not be deemed to cease to “reside” in any such dwelling -house merely
because he is absent from it or has elsewhere another dwelling-house in which he resides, if there
is the liberty of returning to it at any time and no abandonment of the intention of returning to it;
(45) “rubbish” includes ashes, broken bricks, broken glass, dust, malba, mortar and refuse of any
kind which is not filth;
(46) “rule” means a rule made by the Central Government under this Act by notification in the
Official Gazette;
(47) “Scheduled Castes ” means such castes, races or tribes or parts of or groups within such
castes, races or tribes as are deemed to be Scheduled Castes under article 341 of the Constitution;
(48) “service passage” or “lane” or “bye-lane” means a passage or strip of land constructed, set
apart or utilised for the purpose of serving as or carrying a drain or electricity cable (underground or
over-head) and any electrical and other allied installations or any other civic services by municipa l
employees or other person employed in the service thereof;
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(49) “sewage” means night-soil and other contents of latrines, urinals, cesspools or drains, and
polluted water from sinks, bath -rooms, stables, cattle sheds and other like places and includes trade
effluents and discharges from factories of all kinds;
(50) “shed” means a slight or temporary structure for shade or shelter;
(51) “street” includes any way, road, lane, square, court, alley, gully, passage, whether a
thoroughfare or not and whether built upon or not, over which the public have a right of way and also
the roadway or footway over any bridge or causeway;
(52) “trade effluent ” means any liquid either with or without particles of matter in suspension
therein, which is wholly or in part produced in the course of any trade or industry car ried on at trade
premises, and in relation to any trade premises means any such liquid as aforesaid which is so
produced in the course of any trade or industry carried on at those premises, but does not include
domestic sewage;
(53) “trade premises” means any premises used or intended to be used for carrying on any trade
or industry;
(54) “trade refuse” means the refuse of any trade or industry;
(55) “vehicle” includes a carriage, cart, van, dray, truck, hand -cart, bicycle, tricycle,
cycle-rickshaw, auto -rickshaw, motor vehicle and every wheeled conveyance which is used or is
capable of being used on a street;
(56) “water course” includes any river, stream or channel whether natural or artificial;
(57) “water works” includes all la kes, tanks, streams, any river, cisterns, springs, pumps, wells,
reservoirs, aqueducts, water trucks, sluices, mains, pipes, culverts, hydrants, stand-pipes and conduits
and all lands, buildings, machinery bridges and things, used for, or intended for the purpose of,
supplying water;
(58) “workshop” means any premises (including the precincts thereof) other than a factory,
wherein any industrial process is carried on;
(59) “year” means a year commencing on the 1st day of April.
CHAPTER II
THE COUNCIL
Constitution of the Council
3. Establishment of the Council .—(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.
4. Composition of the Council.—(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 Centr al
Government in consultation with the Chief Minister of Delhi;
(b) 1[two 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
1. Subs. by Act 5 of 2012, s. 2, for “three members” (w.e.f. 1-3-2012).
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(d) 1[four members] to be nominated by the Central Government in consultation with the Chief
Minister of Delhi to represent from amongst lawyers, doctors, chartered accountants, engineers,
business and financial consultants, intellectuals, traders, lab ourers, social workers including social
scientists, artists, media persons, sports persons and any other class of persons as may be specified by
the Central Government in this behalf;
2[(e) the Member of Parliament, representing constituency which compris es wholly or partly the
New Delhi area.]
3* * * * *
4[(3) Out of the thirteen members referred to in sub-section (1), there shall be, at least,—
(a) three members who are women;
(b) two members belonging to the Scheduled Castes, out of which one member shall be from
the members nominated under clause (d) of sub-section (1).]
(4) The Central Government shall nominate, in consultation with the C hief Minister of Delhi, a
Vice-Chairperson from amongst the members specified in clauses (b) and (d) of sub-section (1).
5. Duration of the Council .—(1) The Council, unless sooner dissolved under sec tion 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 sub -section ( 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.
6. Disqualification for membership of the Council .—(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 di squalified 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.
Members
7. Oath or affirmation .—(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 Coun cil 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 complie d 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.
8. Vacation of seat .—(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 that the seat of such
member may be declared vacant.
1. Subs. by Act 5 of 2012, s. 2, for “two members” (w.e.f. 1-3-2012).
2. Ins. by s. 2, ibid. (w.e.f. 1-3-2012).
3. Sub-section (2) omitted by s. 2, ibid. (w.e.f. 1-3-2012).
4. Subs. by s. 2, ibid., for sub-section (3) (w.e.f. 1-3-2012).
18
Committees of the Council
9. Setting-up of committees.—(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) Any matter relating to a committee constituted under this section, not expressly provided in this
Act may be provided by reguExcerpt shown. Open the full act in Lexace.