THE NEW DELHI MUNICIPAL COUNCIL ACT, 1994

Chapter
Section
Content
Chapter 1
1
Short title,extent and commencement.
2
Definitions.
  
Chapter 2
Section
Constitution of the Council
3
Establishment of the Council.
4
Composition of the Council.
5
Duration of the Council.
6
Disqualification for membership of Council.
Members
7
Oath or affirmation.
8
Vacation of seat.
Committees of the Council
9
Setting-up of committees.
  
 Chapter 3
Section
10
General powers of the Council.
11
Obligatory functions of the Council.
12
Discretionary functions of the Council.
Chapter 4
Section
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 member.
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 5
Section
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
and 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 proceeding.
31
Forwarding minutes and reports of proceedings to the Administrator.
32
Validation of proceedings, etc.
  
Chapter 6
Section
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 7
Section
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
Temprary 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 8
Section
Levy of taxes
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
Prepration 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 seperately out-houses 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 protected 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.
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.
Condition 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 ratable 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.
Government to pay proceeds of entertainment and betting taxes to Council.
Chapter 9
Section
126.
Power of Council to borrow.
127.
Time for repayment of money borrowed under section 126.
128.
Form and effect of debenture.
129.
Payments 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 10
Section
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.
Contracts
142.
Contracts by the Council.
143.
Proceeding for making contracts.
144.
Mode of executing contracts.
Chapter 11
Section
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 sewage
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 undrained 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.
Buildings, 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 repair, etc.
193.
Work to be done buy licensed plumber.
194.
Prohibition of certain acts.
Chapter 12
Section
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 13
Section
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 Street for certain kind of traffic.
208.
Power to acquire land 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
building etc.
Private streets
216.
Owner's obligation when dealing with land as building sites.
217.
Lay-out plans.
218.
Alternation 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 of 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 14
Section
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 Chairperson to require alteration of work.
249.
Power of Chairperson to require alteration of work.
250.
Power to seal unauthorized constructions.
251.
Completion certificates.
252.
Restrictions on uses of buildings.
253.
Appellate Tribunal.
254.
Appeals against certain order or notices issued under the Act.
255.
Procedure of the Appellate Tribunal.
256.
Appeal against orders of Appellate Tribunal.
257.
Bar of jurisdiction of courts.
258.
Removal of dangerous buildings.
259.
Power to order building to be vacated in certain circumstances.
260.
Power of the Central Government to make bye-laws.
Chapter 15
Section
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 provision as to private latrines
276.
Removal of congested buildings.
277.
Power of Chairperson to require improvement of building unfit for human habitation.
278.
Enforcement of notice requiring execution of works of improvement.
279.
Power of Chairperson to order demolition of buildings unfit of human habitation.
280.
Insanitary huts and sheds.
Regulation of washing by washerman
281.
Prohibition against washing by washerman.
Prevention of dangerous diseases
282.
Obligation to give information of dangerous disease.
283.
Removal to hospital of patents, suffering from dangerous disease.
284.
Disinfection of building 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 building 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 person.
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 16
Section
305.
Appointment of Chief Registrar, etc.
306.
Duties of registrar.
307.
Information of births and deaths.
Chapter 17
Section
Nuisances
308.
Prohibition of Nuisances.
309.
Duties of registrar.
Dogs.
310.

Registration and control of dogs.

Prevention Of Fire, Etc.

311.
Registration and control of dogs.
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 18
Section
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.
When building or work may be proceeded with.
325.
Butcher's, fish-monger's and poulter's licence.
Trades and occupations
326.
Buildings at corners of streets.
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 19
Section
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 20
Section
Licences and written permissions
339.
Signature, conditions, duration, suspension, revocation, etc., of licence 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.
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 to 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 offence.
Magistrates and proceedings before magistrates
375.
Composition of offences.
376.
Cognizance of offences.
377.
Limitation of time of 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 21
Section
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 22
Section
393.
Government to require production of documents.
394.
Inspection
395.
Direction 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 23
Section
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 or 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.
Member 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 Council affairs from the commencement of the Act
to the adoption of the budget of the council.
418.
Transitory provision.
419.
Repeal of ord. 8 of 1994.
 
SCHEDULES
 
I
Boundaries of New Delhi
II.
Rates of taxes leviable on vehicles and animals.
III.
Theatre-tax.
IV.
Tax on advertisements other than advertisements published in the newspapers.
V.
Tax on building applications.
VI.
Notice of demand.
VII.
Form of Warrant.
VIII.
Form of Inventory of Property distrained and notice of sale.
IX.
Purposes for which premises may not be used without a licence.
X.
Penalties.
ANNEXURE
Memorandum explaining the modifications contained in the Act to replace the New Delhi Municipal Council Ordinance, 1994.

Copyright 2005 NDMC New Delhi. All rights reserved