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New Delhi Municipal Council Act 1994 Complete Act - Bare Act

StateCentral Government
Year
Act Info:
Preamble1 - NEW DELHI MUNICIPAL COUNCIL ACT, 1994
Chapter I
Section1 - Short title, extent and commencement
Section2 - Definitions
Chapter II
Section3 - Establishment of the Council
Section4 - Composition of the Council
Section5 - Duration of the Council
Section6 - Disqualification for membership of the Council
Section7 - Oath or affirmation
Section8 - Vacation of seat
Section9 - Setting-up of Committees
Chapter III
Section10 - General powers of the Council
Section11 - Obligatory functions of the Council
Section12 - Discretionary functions of the Council
Chapter IV
Section13 - Appointment, etc., of the Chairperson
Section14 - Leave of absence of Chairperson
Section15 - Appointment of officiating Chairperson in case of death, resignation or removal of Chairperson
Section16 - Salary and allowances of the Chairperson and members
Section17 - Service regulations of members
Section18 - Functions of the Chairperson
Section19 - Chairperson not to be interested in any contract, etc. with the Council
Section20 - Exercise of powers to be subject to sanction
Chapter V
Section21 - Meetings
Section22 - First Meeting of the Council
Section23 - Notice of Meetings and Business
Section24 - Quorum
Section25 - Presiding Officer
Section26 - Method of deciding questions
Section27 - Members not to vote on matter in which they are interested
Section28 - 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
Section29 - Keeping of minutes and proceedings
Section30 - Circulation of minutes and inspection of minutes and reports of proceedings
Section31 - Forwarding minutes and reports of proceedings to the Administrator
Section32 - Validation of proceedings, etc.
Chapter VI
Section33 - Appointment of certain officers
Section34 - Schedule of permanent posts and creation of temporary posts
Section35 - Restriction on employment of permanent officers and other employees
Section36 - Power to make appointments
Section37 - Officers and other employees not to undertake any extraneous work
Section38 - Officers and other employees not to be interested in any contract, etc., with the Council
Section39 - Punishment for municipal officers and other employees
Section40 - Consultation with the Union Public Service Commission
Section41 - Power of Commission to make regulations and reference to the Central Government in case of difference between the Commission and the Council
Section42 - Recruitment to category B and category C posts
Section43 - Power of Council to make regulations
Chapter VII
Section44 - Constitution of the New Delhi Municipal Fund
Section45 - New Delhi Municipal Fund to be kept in the State Bank of India
Section46 - Operation of the Accounts
Section47 - Payments not to be made unless covered by a budget-grant
Section48 - Duty of persons signing cheques
Section49 - Procedure when money not covered by a budget-grant is expended
Section50 - Application of New Delhi Municipal Fund
Section51 - Temporary payments from the New Delhi Municipal Fund for works urgently required for the public service
Section52 - Investment of surplus moneys
Section53 - Constitution of Finance Commission
Section54 - Constitution of special funds
Section55 - Adoption of budget estimates
Section56 - Power of Council to alter budget estimates
Section57 - Power of Council to re-adjust income and expenditure during the year
Section58 - Accounts to be kept
Section59 - Audit
Chapter VIII
Section60 - Taxes to be imposed by the Council under this Act
Section61 - Rates of property tax
Section62 - Premises in respect of which property tax is to be levied
Section63 - Determination of rateable value of lands and buildings assessable to property tax
Section64 - Charge for supply of water
Section65 - Taxation of Union properties
Section66 - Incidence of property tax
Section67 - Apportionment of liability for property tax when the premises are let or sub-let
Section68 - Recovery of property tax from occupiers
Section69 - Property tax a first charge on premises on which it is assessed
Section70 - Assessment list
Section71 - Evidential value of assessment list
Section72 - Amendment of assessment list
Section73 - Preparation of new assessment list
Section74 - Notice of transfers
Section75 - Notice of erection of building, etc
Section76 - Notice of demolition or removal of buildings
Section77 - Power of Chairperson to call for information and returns and to enter and inspect premises
Section78 - Premises owned by, or let to two or more persons in severalty to be ordinarily assessed as one property
Section79 - Assessment in case of amalgamation of premises
Section80 - Power of Chairperson to assess separately outhouses and portions of buildings
Section81 - Power of Chairperson to employ valuers
Section82 - Tax on certain vehicles and animals and rates thereof
Section83 - The tax on whom leviable
Section84 - Tax when payable
Section85 - Power of Chairperson to compound with livery stable keeper, etc., for tax
Section86 - Theatre-tax
Section87 - Liability to pay theatre-tax
Section88 - Tax on advertisements
Section89 - Prohibition of advertisements without written permission of the Chairperson
Section90 - Permission of the Chairperson to become void in certain cases
Section91 - Presumption in case of contravention
Section92 - Power of Chairperson in case of contravention
Section93 - Duty on transfer of property and method of assessment thereto
Section94 - Provisions applicable on the introduction of transfer duty
Section95 - Description of instrument Amount on which duty should be levied Tax on building applications
Section96 - Imposition of other taxes
Section97 - Supplementary taxation
Section98 - Time and manner of payment of taxes
Section99 - Presentation of bill
Section100 - Notice of demand and notice fee
Section101 - Penalty in case of default of payment of taxes
Section102 - Recovery of tax
Section103 - Distress
Section104 - Disposal of distrained property and attachment and sale of immovable property
Section105 - Recovery from a person about to leave New Delhi or Delhi
Section106 - Power to institute suit for recovery
Section107 - Power of seizure of vehicles and animals in case of non-payment of tax thereon
Section108 - Occupiers may be required to pay rent towards satisfaction of property tax
Section109 - Demolition, etc., of building
Section110 - Remission or refund of tax
Section111 - Power to require entry in assessment list of details of buildings
Section112 - Notice to be given of the circumstances in which remission or refund is claimed
Section113 - What buildings are to be deemed vacant
Section114 - Notice to be given of every occupation of vacant land or building
Section115 - Appeal against assessment, etc
Section116 - Conditions of right to appeal
Short Title117 - Condonation of delay in preferring the appeal
Section118 - Finality of appellate orders
Section119 - Power to inspect for purposes of determining rateable value or tax
Section120 - Composition
Section121 - Irrecoverable debts
Section122 - Obligation to disclose liability
Section123 - Immaterial error not to affect liability
Section124 - General power of exemption
Section125 - Payment of proceeds of entertainment and betting taxes to Council
Chapter IX
Section126 - Power of Council to borrow
Section127 - Time for repayment of money borrowed under section 126
Section128 - Form and effect of debenture
Section129 - Payment to survivors of joint payees
Section130 - Receipt by joint holders for interest or dividend
Section131 - Maintenance and investment of sinking funds
Section132 - Application of sinking funds
Section133 - Annual statement by Chairperson
Section134 - Power of Council to consolidate loans
Section135 - Priority of payment for interest and repayment of loans over other payments
Section136 - Power to make regulations
Chapter X
Section137 - Acquisition of property
Section138 - Acquisition of immovable property by agreement
Section139 - Procedure when immovable property cannot be acquired by agreement
Section140 - Disposal of movable property
Section141 - Disposal of immovable property
Section142 - Contracts by the Council
Section143 - Procedure for making contracts
Section144 - Mode of executing contracts
Chapter XI
Section145 - Definitions
Section146 - Council may carry out surveys and formulate proposals
Section147 - Functions in relation to water supplies
Section148 - Water supplied for domestic purposes not to be used for non-domestic purposes
Section149 - Supply of water for domestic purposes not to include any supply for certain specified purposes
Section150 - Power to supply water for non-domestic purposes
Section151 - Use of water for extinguishing fire
Section152 - Power to require water supply to be taken
Section153 - New premises not to be occupied without arrangement for water supply
Section154 - Public gratuitous water supply
Section155 - Power to lay mains
Section156 - Power to lay service pipes, etc.
Section157 - Provision of fire hydrants
Section158 - Supply of water
Section159 - Laying of supply pipes, etc.
Section160 - Power to require separate service pipes
Section161 - Stopcocks
Section162 - Power of Chairperson to provide meters
Section163 - Presumption as to correctness of meters
Section164 - Prohibition of waste or misuse of water
Section165 - Power to enter premises to detect waste or misuse of water
Section166 - Power to test water fittings
Section167 - Power to close or restrict use of water from polluted source of supply
Section168 - Water pipes, etc., not to be placed where water will be polluted
Section169 - Power to cut off private water supply or to turn off water
Section170 - Joint and several liability of owners and occupiers for offence in relation to water supply
Section171 - Public drains, etc., to vest in the Council
Section172 - Control of drains and sewage collection works
Section173 - Certain matters not to be passed into municipal drains
Section174 - Application by owners and occupiers to drain into municipal drains
Section175 - Drainage of undrained premises
Section176 - New premises not to be erected without drains
Section177 - Power to drain group or block of premises by combined operations
Section178 - Power of Chairperson to close or limit the use of private drains in certain cases
Section179 - Use of drain by a person other than the owner
Section180 - Sewage and rain water drains to be distinct
Section181 - Power of Chairperson to require owner to carry out certain works for satisfactory drainage
Section182 - Appointment of places for the emptying of drains and collection of sewage
Section183 - Connection with water works and drains not to be made without permission
Section184 - Buildings, railways and private streets not to be erected or constructed over drains or water works without permission
Section185 - Rights of user of property for aqueducts, lines, etc.
Section186 - Power of owner of premises to place pipes and drains through land belonging to other persons
Section187 - Power to require railway level, etc., to be raised or lowered
Section188 - Power of Chairperson to execute work after giving notice to the person liable
Section189 - Power of Chairperson to affix shafts, etc., for ventilation of drain or cesspool
Section190 - Power of Chairperson to examine and test drains, etc., believed to be defective
Section191 - Bulk receipt of water and delivery of sewage by the Council
Section192 - Employment of Government agencies for repairs, etc.
Section193 - Work to be done by licensed plumber
Section194 - Prohibition of certain acts
Chapter XII
Section195 - Functions in relation to electricity supply
Section196 - Additional functions in relation to electricity supply
Section197 - Council to have powers and obligations of licensee under Act 9 of 1910
Section198 - Restriction on building and other acts interfering with the works of electric supply
Section199 - Power of Council to make agreements with licensees
Section200 - Charges for supply of electricity
Section201 - Bulk receipt of electricity by the Council
Chapter XIII
Section202 - Vesting of public streets in the Council
Section203 - Disposal of land forming site of public streets permanently closed
Section204 - Disposal of land forming site of public streets permanently closed
Section205 - Power to make new public streets
Section206 - Minimum width of new public streets
Section207 - Power to prohibit or regulate use of public streets for certain kind of traffic
Section208 - Power to acquire lands and buildings for public streets and for public parking places
Section209 - Defining the regular line of streets
Section210 - Setting back building to regular line of street
Section211 - Compulsory setting back of building to regular line of street
Section212 - Acquisition of open land and land occupied by platform, etc., within the regular line of street
Section213 - Acquisition of the remaining part of a building and land after their portions within a regular line of street have been acquired
Section214 - Setting forward of buildings to the regular line of street
Section215 - Compensation to be paid in certain cases of setting back or setting forward of buildings, etc.
Section216 - Owner's obligation when dealing with land as building sites
Section217 - Lay-out plans
Section218 - Alteration or demolition of street made in breach of section 117
Section219 - Power of Chairperson to order work to be carried out or to carry out himself in default
Section220 - Right of owner to require streets to be declared public
Section221 - Prohibition of projections upon streets, etc.
Section222 - Projections over streets may be permitted in certain cases
Section223 - Ground floor doors, etc., not to open outwards on streets
Section224 - Prohibition of structures or fixtures which cause obstruction in street
Section225 - Prohibition of deposit, etc., of things in streets
Section226 - Power to remove anything deposited or exposed for sale in contravention of this Act
Section227 - Prohibition of the tethering of animals and milking of cattle
Section228 - Precautions during repair of streets
Section229 - Streets not to be opened or broken up and building materials not to be deposited thereon without permission
Section230 - Disposal of things removed under this Chapter
Section231 - Naming and numbering of streets
Section232 - Chairperson to take steps for repairing or enclosing dangerous places
Section233 - Measures for lighting
Section234 - Prohibition of removal, etc., of lamps
Chapter XIV
Section235 - General superintendence, etc., of the Central Government
Section236 - Definition
Section237 - Prohibition of building without sanction
Section238 - Erection of building
Section239 - Applications for additions to, or repairs of buildings
Section240 - Conditions of valid notice
Section241 - Sanction or refusal of building or work
Section242 - When building or work may be proceeded with
Section243 - Sanction accorded under misrepresentation
Section244 - Buildings at corners of streets
Section245 - Provisions as to buildings and works on either side of new streets
Section246 - Period for completion of building or work
Section247 - Order of demolition and stoppage of buildings or works in certain cases and appeal
Section248 - Order of stoppage of buildings or works in certain cases
Section249 - Power of Chairperson to require alteration of work
Section250 - Power to seal unauthorised constructions
Section251 - Completion certificates
Section252 - Restrictions on uses of buildings
Section253 - Appellate Tribunal
Section254 - Appeals against certain orders or notices issued under the Act
Section255 - Procedure of the Appellate Tribunal
Section256 - Appeal against orders of Appellate Tribunal
Section257 - Bar of jurisdiction of courts
Section258 - Removal of dangerous buildings
Section259 - Power to order building to be vacated in certain circumstances
Section260 - Power of the Central Government to make bye-laws
Section261 - Provision for daily cleansing of streets and removal of rubbish and filth
Section262 - Rubbish, etc., to be the property of the Council
Section263 - Provision or appointment of receptacles, depots and places for rubbish, etc.
Section264 - Duty of owners and occupiers to collect and deposit rubbish, etc.
Section265 - Collection and removal of filth and polluted matter
Section266 - Removal of rubbish, etc. accumulated on premises used as factories, workshop, etc.
Section267 - Prohibition against accumulation of rubbish, etc.
Section268 - Prohibition in respect of air pollutant
Section269 - Chairperson's power to get premises scavenged and cleansed
Section270 - Public latrines, urinals, etc.
Section271 - Construction of latrines and urinals
Section272 - Latrines and urinals, etc., in new buildings
Section273 - Latrines and urinals for labourers, etc.
Section274 - Provision of latrines and urinals for markets, etc.
Section275 - Other provisions as to private latrines
Section276 - Removal of congested buildings
Section277 - Power of Chairperson to require improvement of building unfit for human habitation
Section278 - Enforcement of notice requiring execution of works of improvement
Section279 - Power of Chairperson to order demolition of buildings unfit for human habitation
Section280 - Insanitary huts and sheds
Section281 - Prohibition against washing by washerman
Section282 - Obligation to give information of dangerous disease
Section283 - Removal to hospital of patients, suffering from dangerous disease
Section284 - Disinfection of buildings and articles
Section285 - Destruction of infectious huts or sheds
Section286 - Means of disinfection
Section287 - Special measures in case of out-break of dangerous or epidemic diseases
Section288 - Infected clothes not to be sent to washerman or to laundry
Section289 - Contamination and disinfection of public conveyance
Section290 - Driver of conveyance not bound to carry persons suffering from dangerous disease
Section291 - Disinfection of buildings before letting the same
Section292 - Disposal of infected articles without Disinfection
Section293 - Prohibition of making or selling of food, etc., or washing of clothes by infected persons
Section294 - Power to restrict or prohibit sale of food or drink
Section295 - Control over wells and tanks, etc.
Section296 - Duty of persons suffering from dangerous disease
Section297 - Disposal of infectious corpses where any person has died from any dangerous disease
Section298 - Conditions of service of sweepers and certain other class of persons employed in municipal service
Section299 - Conditions of service of sweepers employed for doing house scavenging
Section300 - Power to call for information regarding burning and burial grounds
Section301 - Permission for use of new burning or burial ground
Section302 - Power to require closing of burning and burial grounds
Section303 - Removal of corpses
Section304 - Disposal of dead animals
Section305 - Appointment of Chief Registrar, etc.
Section306 - Duties of registrar
Section307 - Information of births and deaths
Chapter XVII
Section308 - Prohibition of nuisances
Section309 - Power of Chairperson to require removal or abatement of nuisance
Section310 - Registration and control of dogs
Section311 - Stacking or collecting inflammable materials
Section312 - Care of naked lights
Section313 - Discharging fireworks, fire-arms, etc.
Section314 - Power to require buildings, wells, etc., to be rendered safe
Section315 - Enclosure of waste land used for improper purpose
Section316 - Provision of municipal market
Section317 - Use of municipal markets and slaughter house
Section318 - Private markets
Section319 - Conditions of grant of licence for private market
Section320 - Prohibition of keeping market open without licence, etc.
Section321 - Prohibition of use of unlicensed markets
Section322 - Prohibition of business and trade near a market
Section223 - Levy of stallages rents and fees
Section324 - Power to expel disturbers, etc., from markets
Section325 - Butcher's fish-monger's and poulter's licence
Section326 - Factory, etc., not to be established without permission of the Chairperson
Section327 - Premises not to be used for certain purposes without licence
Section328 - Seizure of certain animals
Section329 - Power of Chairperson to prevent use of premises in particular areas for purposes referred to in section 327
Section330 - Licences for hawking articles, etc.
Section331 - Eating houses, etc., not to be used without licence from the Chairperson
Section332 - Licensing and control of theatres, circuses and places of public amusement
Section333 - Power of Chairperson to stop use of premises used in contravention of Licences
Chapter XIX
Section334 - Improvement scheme
Section335 - Matters to be provided for in an improvement scheme
Section336 - Submission of improvement scheme to the Council for approval and to the Central Government for sanction
Section337 - Rehousing scheme
Section338 - Improvement scheme and rehousing scheme to comply with the master plan and zonal development plan
Chapter XX
Section339 - Signature, conditions, duration, suspension, revocation, etc., of licences and written permissions
Section340 - Powers of entry and inspection
Section341 - Power to enter land adjoining land in relation to any work
Section342 - Breaking into building
Section343 - Time of making entry
Section344 - Consent ordinarily to be obtained
Section345 - Regard to be had to social or religious usages
Section346 - Prohibition of obstruction or molestation in execution of work
Section347 - Public notices how to be made known
Section348 - Newspapers in which advertisements or notices to be published
Section349 - Proof of consent, etc., of Chairperson
Section350 - Notices, etc., to fix reasonable time
Section351 - Signature on notices, etc., maybe stamped
Section352 - Notices, etc., by whom to be served or issued
Section353 - Services of notices, etc.
Section354 - Service of bills for tax or notice of demand by ordinary post
Section355 - Powers in case of non-compliance with notice, etc.
Section356 - Liability of occupier to pay in default of owner
Section357 - Execution of work by occupier in default of owner and deduction of expenses from rent
Section358 - Relief to agents and trustees
Section359 - General power to compensation
Section360 - Compensation to be paid by offenders for damage caused by them
Section361 - Reference to the court of the district judge in certain cases
Section362 - Application to the court of the district judge in other cases
Section363 - Mode of recovery of certain dues
Section364 - Right of owner to apply to the court of the district judge in case of obstruction by occupier
Section365 - General powers and procedure of the court of the district judge
Section366 - Fees in proceedings before the court of the district judge
Section367 - Repayment of half fees on settlement before hearing
Section368 - Power of the court of the district judge to delegate certain powers and to make rules
Section369 - Punishment for certain offences
Section370 - General penalty
Section371 - Offences by companies
Section372 - Certain offences to be cognizable
Section373 - Prosecutions
Section374 - Composition of offences
Section375 - Municipal magistrates
Section376 - Cognizance of offences
Section377 - Limitation of time for prosecution
Section378 - Power of magistrate to hear cases in absence of accused when summoned to appear
Section379 - Complaints concerning nuisances
Section380 - Procedure to be followed by Magistrate regarding complaints concerning nuisances
Section381 - Arrest of offenders
Section382 - Duties of police officers
Section383 - Power to institute, etc., legal proceedings and obtain legal advice
Section384 - Protection of action of the Council, etc.
Section385 - Notice to be given of suits
Chapter XXI
Section386 - Supplemental provisions respecting rules
Section387 - Supplemental provisions respecting regulations
Section388 - Power to make bye-laws
Section389 - Regulations and bye-laws to be laid before Parliament
Section390 - Penalty for breaches of bye-laws
Section391 - Supplemental provisions respecting bye-laws
Section392 - Bye-laws to be available for inspection and purchase
Chapter XXII
Section393 - Government to require production of documents
Section394 - Inspection
Section395 - Directions by Central Government
Section396 - Power to provide for enforcement of direction under section 395
Section397 - Power of Central Government to give directions in relation to primary schools, etc.
Section398 - Dissolution of the Council
Chapter XXIII
Section399 - Delegation of power by the Central Government
Section400 - Power to delegate functions of Chairperson
Section401 - Validity of notices and other documents
Section402 - Admissibility of document or entry as evidence
Section403 - Evidence of Municipal officer or employee
Section404 - Prohibition against obstruction of any municipal authority
Section405 - Prohibition against removal of mark
Section406 - Prohibition against removal or obliteration of notice
Section407 - Prohibition against unauthorised dealings with public place or materials
Section408 - Liability of Chairperson, etc., for loss, waste or misapplication of New Delhi Municipal Fund or property
Section409 - Members and municipal officers and employees to be public servants
Section410 - Annual administration report
Section411 - Other laws not to be disregarded
Section412 - Exemption of diplomatic or consular missions from payment of tax, etc.
Section413 - Construction of references
Section414 - Council to undertake work on agency basis
Section415 - Power to remove difficulties
Section416 - Repeal and Savings
Section417 - Expenditure in connection with the Council from the commencement of this Act to the adoption of the budget by the Council
Section418 - Transitory provision
Section419 - Repeal of Ordinance 8 of 1994
ScheduleI - FIRST SCHEDULE
ScheduleII - SECOND SCDEDULE
ScheduleIII - THIRD SCHEDULE
ScheduleIV - FOUTH SCHEDULE
ScheduleV - SIXTH SCHEDULE
ScheduleVI - SIXTH SCHEDULE
ScheduleVII - SEVENTH SCHEDULE
ScheduleVIII - EIGHTH
ScheduleIX - NINTH SCHEDULE
ScheduleX - TENTH SCHEDULE


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