The New Delhi Municipal Council Act, 1994

CHAPTER I PRELIMINARY

• 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
• 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

CHAPTER VIII TAXATION

Levy of taxes

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

Property tax

• 61.Components of property tax
• 61A.Building tax
• 61B.Rebate for certain categories
• 61C.Vacant land tax
• 61D.Rate of building tax
• 61E.Rate of vacant land tax
• 62.Premises in respect of which property tax is to be levied
• 63.Unit of assessment
• 64.Charge for supply of water
• 64A.Constitution of Municipal Valuation Committee
• 64B.Classification of vacant lands and buildings into areas and groups and specification of base unit area values therefor
• 64C.Notification of classification of vacant lands and buildings into areas and groups and specification of base unit area values thereof and factors for increase or decrease
• 64D.Objection to classification of vacant lands and buildings into areas and groups and fixation of base unit area values and factors for increasing or decreasing such base unit area values
• 64E.Final base unit area values of vacant land and of covered space of building
• 64F.Determination of annual value of covered space of building and of vacant land
• 64G.Determination of annual value of building where land is exempted from property tax
• 64H.Transitory provisions
• 64-I.Validity of base unit area values of vacant land and covered space of building
• 64J.Indexation of unit area value
• 64K.Hardship and Anomaly Committee
• 65.Taxation of Union properties
• 66.Incidence of property taxes
• 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
• 69A.Submission of returns
• 69B.Self-assessment and submission of return
• 69C.Revision of assessment
• 69D.Power of Chairperson regarding assessment
• 70.Assessment list
• 71.Evidential value of assessment list
• 72.Amendment of assessment list
• 72A.Assignment of property identification code
• 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

Supplementary taxation

• 97.Supplementary taxation

Payment and recovery of taxes

• 98.Time and manner of payment of taxes
• 98A.Punishment for wilful default in payment of property tax, furnishing wrong information in return of assessment, etc
• 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
• 102A.Recovery of property 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

CHAPTER X PROPERTY AND CONTRACTS

Property

• 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
• 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

Private streets

• 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
• 254A.Appeals against penalties
• 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 out-break of dangerous or epidemic diseases
• 288.Infected clothes not to be sent to washerman or to laundry
• 289.Contamination and disinfection of public conveyance
• 290.Driver of conveyance not bound to carry persons suffering from dangerous disease
• 291.Disinfection of buildings before letting the same
• 292.Disposal of infected articles without disinfection
• 293.Prohibition of making or selling of food, etc., or washing of clothes by infected persons
• 294.Power to restrict or prohibit sale of food or drink
• 295.Control over wells and tanks, etc
• 296.Duty of persons suffering from dangerous disease
• 297.Disposal of infectious corpses where any person has died from any dangerous disease

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 fireworks, 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 regulations 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
• 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 *** 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

Payment of compensation

• 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.Penalties for certain offences
• 370.Provision for remedial action or warning notice
• 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 officer

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

CHAPTER XXII CONTROL

• 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