THE NEW DELHI MUNICIPAL COUNCIL ACT, 1994

CHAPTER - III
FUNCTIONS OF THE COUNCIL

General powers of the Council.
10.
(1)

Subject to the provisions of this Act and the rules, regulations and bye-law made thereunder the municipal government of New Delhi shall vest in the Council.

(2)

Without prejudice to the generality of the provisions of sub-section (1), it shall be the duty of the Council to consider all periodical statements of the receipts and disbursements and all progress reports and pass such resolutions thereon as it thins fit.

(3) The Council may at any time require the Chairperson -
(a)

to produce any record, correspondence, plan or other document which is in his possession or under his control as Chairperson or which is recorded or filed in his office or in the office of any municipal officer or other municipal employee subordinate to him;

(b)

to furnish any return, plan, estimate, statement, account or statistics concerning or connected with any matter pertaining to the administration of this Act or the municipal government of New Delhi.

(c)

to furnish a report by himself or to obtain from the head of any department subordinate to him and furnish with his own remarks thereon, a report, upon any subject concerning or connected with the administration of this Act or the municipal government of New Delhi.

(4)

Every such requisition shall be complied with by the Chairperson without any unreasonable delay; and it shall be incumbent on every municipal officer and other municipal employee to obey any order made by Chairperson in pursuance of any such requisition:

provided that the Chairperson shall not be bound to comply with any such requisition if with the previous approval of the Administrator he makes a statement that such compliance would be prejudicial to public interest or to the interests of the Council.


Obligatory functions of the Council.
11.

Subject to the provisions of this Act and any other law for the time being in force, it shall be incumbent on the Council to make adequate provisions by any means or measures which it may lawfully use or take, for each of the following matters, namely-

(a)

the construction, maintenance and cleansing of drains and drainage works and of public latrines, urinals and similar conveniences;

(b) the construction and maintenance of work and means for providing supply of water for public and private purposes;
(c) the scavenging, removal and disposal of filth, rubbish and other obnoxious or polluted matters;
(d)

the construction or purchase, maintenance, extension, management for -

(i) supply and distribution of electricity to the public;
(ii) providing a sufficient supply of pure and wholesome water;
(e) the reclamation of unhealthy localities, the removal of noxious vegetation and generally the abatement of all nuisances;
(f) the regulation of places for the disposal of the dead and the provision and maintenance of places for the said purpose;
(g) the registration of births and deaths;
(h) public vaccination and inoculation;
(i) measures for preventing and checking the spread of dangerous diseases;
(j) the establishment and maintenance of dispensaries and maternity and child welfare centers and the carrying out of other measures necessary for public medical relief;
(k) the construction, and maintenance of municipal markets and regulation of all markets;
(l) the regulation and abatement of offensive or dangerous trade or practices;
(m) the securing or removal of dangerous buildings and places;
(n) the construction, maintenance, alteration and improvements of public streets, bridges, culverts, causeways and the like;
(o) the lighting, watering and cleansing of public streets and other public places;
(p) the removal of obstructions and projections in or upon streets bridges and other public places;
(q) the naming and numbering of streets and premises;
(r) the establishment, maintenance of, and aid to, schools for primary educations subject to such grants as may be determined by the Central Government from time to time;
(s) the maintenance of municipal offices;
(t) the laying out or the maintenance of public parks, gardens or recreation grounds.
(u) the maintenance of monuments and memorials vested in any local authority in New Delhi immediately before the commencement of this Act or which may be vested in the Council after such commencement;
(v) the maintenance and development of the value of all properties vested in or entrusted to the management of the Council;
(w) the preparation of plans for economic development and social justice;
(x) the maintenance including the expansion and upgradition of facilities of the hospitals existing on the date of the commencement of this Act;
(y) sanction or refuse erection or re-erection of buildings; and
(z) the fulfillment of any other obligation imposed by or under this Act or any other law for the time being in force.

Discretionary functions of the Council.
12.

Subject to any general or special order of the Government, or the Central Government from time to time, the Council may provide either wholly or in part for all or any of the following matters, namely :-

(a)

the furtherance of education including cultural and physical education, by measures other than the establishment and maintenance of, and aid to, schools for primary education.

(b) the establishment and maintenance of, and aid to, libraries, museums, art galleries, botanical or zoological collections;
(c) the establishment and maintenance of, and aid to, stadia, gymnasia, akharas and places for sports and games;
(d)

the planting and care of trees on roadsides and elsewhere;

(e) the surveys of buildings and lands;
(f) the registration of marriages;
(g) the taking of a census of population;
(h) the provision of housing accommodation for the inhabitants of any area or for any class of inhabitants;
(i) the providing of music or other entertainments in public places or places of public resort and the establishment of theatres and cinemas;
(j) the organization and management of fairs and exhibitions;
(k) the acquisition of movable or immovable property for any of the purposes before mentioned, including payment of the cost of investigations, surveys or examinations in relation thereto for the construction or adaptation of buildings necessary for such purposes;
(l) the construction and maintenance of -
(i) rest-houses,
(ii) poor-houses,
(iii) infirmaries,
(iv) children's home,
(v) houses for the deaf and dumb and for disabled and handicapped children,
(vi) shelters for destitute and disabled persons,
(vii) asylums for persons of unsound mind;
(m) the construction and maintenance of cattle pounds;
(n) the building or purchase and maintenance of dwelling-houses for municipal officers and other municipal employees;
(o) any measures for the welfare of the municipal officers and other municipal employees or any class of them including the sanctioning of loans to such officers and employees or any class of them for construction of houses and purchase of vehicles;
(p) the organization or management of chemical or bacteriological laboratories for the examination or analysis of water, food and drugs for the detection of diseases or research connected with the public health or medical relief;
(q) the provision for relief to destitute and disabled persons;
(r) the establishment and maintenance of veterinary hospitals;
(s) the organisation, construction, maintenance and management of swimming pools, public wash houses, bathing places and other instituitions designed for the improvement of public health;
(t) the organisation and management of farms and dairies within or without New Delhi for the supply, distribution and processing of milk and milk products for the benefit of the residents of New Delhi;
(u) the organisation and management of cottage industries, handicraft centres and sales emporia;
(v) the construction and maintenance of warehouses and godowns;
(w) the construction and maintenance of garages, sheds and stands for vehicles and cattle biers;
(x) the provision for unfiltered water supply;
(y) the improvement of New Delhi in accordance with improvement schemes approved by the Council;
(z) any measure not hereinbefore specifically mentioned, likely to promote public safety, health, convenience or general welfare.

NOTES ON CLAUSES
These clauses relate to general powers, obligatory functions sand discretionary functions of the Council.

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