The New Delhi Municipal Council Act, 1994

419 sections.

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

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