The New Delhi Municipal Council Act, 1994
Central
An Act to provide for the establishment of the New Delhi Municipal Council and for matters connected therewith or incidental thereto.
- Act number
- 44 of 1994
- Ministry
- Ministry of Home Affairs
- Department
- Department of States
- Enacted
- 14 Jul 1994
Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.
443 sections
- Section 1Short title, extent and commencement.
- Section 2Definitions.
- Section 3Establishment of the Council.
- Section 4Composition of the Council.
- Section 5Duration of the Council.
- Section 6Disqualification for membership of the Council.
- Section 7Oath or affirmation.
- Section 8Vacation of seat.
- Section 9Setting-up of committees.
- Section 10General powers of the Council.
- Section 11Obligatory functions of the Council.
- Section 12Discretionary functions of the Council.
- Section 13Appointment, etc., of the Chairperson.
- Section 14Leave of absence of Chairperson.
- Section 15Appointment of officiating Chairperson in case of death, resignation or removal of Chairperson.
- Section 16Salary and allowances of the Chairperson and members.
- Section 17Service regulations of members.
- Section 18Functions of the Chairperson.
- Section 19Chairperson not to be interested in any contract, etc., with the Council.
- Section 20Exercise of powers to be subject to sanction.
- Section 21Meetings.
- Section 22First meeting of the Council.
- Section 23Notice of meetings and business.
- Section 24Quorum.
- Section 25Presiding Officer.
- Section 26Method of deciding questions.
- Section 27Members not to vote on matter in which they are interested.
- Section 28Right 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 29Keeping of minutes and proceedings.
- Section 30Circulation of minutes and inspection of minutes and reports of proceedings.
- Section 31Forwarding minutes and reports of proceedings to the Administrator.
- Section 32Validation of proceedings, etc.
- Section 33Appointment of certain officers.
- Section 34Schedule of permanent posts and creation of temporary posts.
- Section 35Restriction on employment of permanent officers and other employees.
- Section 36Power to make appointments.
- Section 37Officers and other employees not to undertake any extraneous work.
- Section 38Officers and other employees not to be interested in any contract, etc., with the Council.
- Section 39Punishment for municipal officers and other employees.
- Section 40Consultation with the Union Public Service Commission.
- Section 41Power of Commission to make regulations and reference to the Central Government in case of difference between the Commission and the Council.
- Section 42Recruitment to category B and category C posts.
- Section 43Power of Council to make regulations.
- Section 44Constitution of the New Delhi Municipal Fund.
- Section 45New Delhi Municipal Fund to be kept in the State Bank of India.
- Section 46Operation of the Accounts.
- Section 47Payments not to be made unless covered by a budget-grant.
- Section 48Duty of persons signing cheques.
- Section 49Procedure when money not covered by a budget-grant is expended.
- Section 50Application of New Delhi Municipal Fund.
- Section 51Temporary payments from the New Delhi Municipal Fund for works urgently required for the public service.
- Section 52Investment of surplus moneys.
- Section 53Constitution of Finance Commission.
- Section 54Constitution of special funds.
- Section 55Adoption of budget estimates.
- Section 56Power of Council to alter budget estimates.
- Section 57Power of Council to re-adjust income and expenditure during the year.
- Section 58Accounts to be kept.
- Section 59Audit.
- Section 60Taxes to be imposed by the Council under this Act.
- Section 61Components of property tax.
- Section 61BRebate for certain categories.
- Section 61ABuilding tax.
- Section 61CVacant land tax.
- Section 61DRate of building tax.
- Section 61ERate of vacant land tax.
- Section 62Premises in respect of which property tax is to be levied.
- Section 63Determination of rateable value of lands and buildings assessable to property tax.
- Section 64Charge for supply of water.
- Section 64AConstitution of Municipal Valuation Committee.
- Section 64BClassification of vacant lands and buildings into areas and groups and specification of base unit area values therefor.
- Section 64CNotification of classification of vacant lands and buildings into areas and groups and specification of base unit area valuesthereof and factorsfor increase or decrease.
- Section 64DObjection 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.
- Section 64EFinal base unit area values of vacant land and of covered space of building.
- Section 64FDetermination of annual value of covered space of building and of vacant land.
- Section 64GDetermination of annual value of building where land is exempted from property tax.
- Section 64HTransitory provisions.
- Section 64-IValidity of base unit area values of vacant land and covered space of building.
- Section 64JIndexation of unit area value.
- Section 64KHardship and Anomaly Committee.
- Section 65Taxation of Union properties.
- Section 66Incidence of property tax.
- Section 67Apportionment of liability for property tax when the premises are let or sub-let.
- Section 68Recovery of property tax from occupiers.
- Section 69Property tax a first charge on premises on which it is assessed.
- Section 69ASubmission of returns.
- Section 69BSelf-assessment and submission of return.
- Section 69CRevision of assessment.
- Section 69DPower of Chairperson regarding assessment.
- Section 70Assessment list.
- Section 71Evidential value of assessment list.
- Section 72Amendment of assessment list.
- Section 72AAssignment of property identification code.
- Section 73Preparation of new assessment list.
- Section 74Notice of transfers.
- Section 75Notice of erection of building, etc.
- Section 76Notice of demolition or removal of buildings.
- Section 77Power of Chairperson to call for information and returns and to enter and inspect premises.
- Section 78Premises owned by, or let to two or more persons in severalty to be ordinarily assessed as one property.
- Section 79Assessment in case of amalgamation of premises.
- Section 80Power of Chairperson to assess separately outhouses and portions of buildings.
- Section 81Power of Chairperson to employ valuers.
- Section 82Tax on certain vehicles and animals and rates thereof.
- Section 83The tax on whom leviable.
- Section 84Tax when payable.
- Section 85Power of Chairperson to compound with livery stable keeper, etc., for tax.
- Section 86Theatre-tax.
- Section 87Liability to pay theatre-tax.
- Section 88Tax on advertisements.
- Section 89Prohibition of advertisements without written permission of the Chairperson.
- Section 90Permission of the Chairperson to become void in certain cases.
- Section 91Presumption in case of contravention.
- Section 92Power of Chairperson in case of contravention.
- Section 93Duty on transfer of property and method of assessment thereto.
- Section 94Provisions applicable on the introduction of transfer duty.
- Section 95Tax on building applications.
- Section 96Imposition of other taxes.
- Section 97Supplementary taxation.
- Section 98Time and manner of payment of taxes.
- Section 98APunishment for wilful default in payment of property tax, furnishing wrong information in return of assessment, etc.
- Section 99Presentation of bill.
- Section 100Notice of demand and notice fee.
- Section 101Penalty in case of default of payment of taxes.
- Section 102Recovery of tax.
- Section 102ARecovery of property tax.
- Section 103Distress.
- Section 104Disposal of distrained property and attachment and sale of immovable property.
- Section 105Recovery from a person about to leave New Delhi or Delhi.
- Section 106Power to institute suit for recovery.
- Section 107Power of seizure of vehicles and animals in case of non-payment of tax thereon.
- Section 108Occupiers may be required to pay rent towards satisfaction of property tax.
- Section 109Demolition, etc., of buildings.
- Section 110Remission or refund of tax.
- Section 111Power to require entry in assessment list of details of buildings.
- Section 112Notice to be given of the circumstances in which remission or refund is claimed.
- Section 113What buildings are to be deemed vacant.
- Section 114Notice to be given of every occupation of vacant land or building.
- Section 115Appeal against assessment, etc.
- Section 116Conditions of right to appeal.
- Section 117Condonation of delay in preferring the appeal.
- Section 118Finality of appellate orders.
- Section 119Power to inspect for purposes of determining rateable value or tax.
- Section 120Composition.
- Section 121Irrecoverable debts.
- Section 122Obligation to disclose liability.
- Section 123Immaterial error not to affect liability.
- Section 124General power of exemption.
- Section 125Payment of proceeds of entertainment and betting taxes to Council.
- Section 126Power of Council to borrow.
- Section 127Time for repayment of money borrowed under section 126.
- Section 128Form and effect of debenture.
- Section 129Payment to survivors of joint payees.
- Section 130Receipt by joint holders for interest or dividend.
- Section 131Maintenance and investment of sinking funds.
- Section 132Application of sinking funds.
- Section 133Annual statement by Chairperson.
- Section 134Power of Council to consolidate loans.
- Section 135Priority of payment for interest and repayment of loans over other payments.
- Section 136Power to make regulations.
- Section 137Acquisition of property.
- Section 138Acquisition of immovable property by agreement.
- Section 139Procedure when immovable property cannot be acquired by agreement.
- Section 140Disposal of movable property.
- Section 141Disposal of immovable property.
- Section 142Contracts by the Council.
- Section 143Procedure for making contracts.
- Section 144Mode of executing contracts.
- Section 145Definitions.
- Section 146Council may carry out surveys and formulate proposals.
- Section 147Functions in relation to water supplies.
- Section 148Water supplied for domestic purposes not to be used for non-domestic purposes.
- Section 149Supply of water for domestic purposes not to include any supply for certain specified purposes.
- Section 150Power to supply water for non-domestic purposes.
- Section 151Use of water for extinguishing fire.
- Section 152Power to require water supply to be taken.
- Section 153New premises not to be occupied without arrangement for water supply.
- Section 154Public gratuitous water supply.
- Section 155Power to lay mains.
- Section 156Power to lay service pipes, etc.
- Section 157Provision of fire hydrants.
- Section 158Supply of water.
- Section 159Laying of supply pipes, etc.
- Section 160Power to require separate service pipes.
- Section 161Stopcocks.
- Section 162Power of Chairperson to provide meters.
- Section 163Presumption as to correctness of meters.
- Section 164Prohibition of waste or misuse of water.
- Section 165Power to enter premises to detect waste or misuse of water.
- Section 166Power to test water fittings.
- Section 167Power to close or restrict use of water from polluted source of supply.
- Section 168Water pipes, etc., not to be placed where water will be polluted.
- Section 169Power to cut off private water supply or to turn off water.
- Section 170Joint and several liability of owners and occupiers for offence in relation to water supply.
- Section 171Public drains, etc., to vest in the Council.
- Section 172Control of drains and sewage collection works.
- Section 173Certain matters not to be passed into municipal drains.
- Section 174Application by owners and occupiers to drain into municipal drains.
- Section 175Drainage of and drained premises.
- Section 176New premises not to be erected without drains.
- Section 177Power to drain group or block of premises by combined operations.
- Section 178Power of Chairperson to close or limit the use of private drains in certain cases.
- Section 179Use of drain by a person other than the owner.
- Section 180Sewage and rain water drains to be distinct.
- Section 181Power of Chairperson to require owner to carry out certain works for satisfactory drainage.
- Section 182Appointment of places for the emptying of drains and collection of sewage.
- Section 183Connection with water works and drains not to be made without permission.
- Section 184Building, railways and private streets not to be erected or constructed over drains or water works without permission.
- Section 185Rights of user of property for aqueducts, lines, etc.
- Section 186Power of owner of premises to place pipes and drains through land belonging to other persons.
- Section 187Power to require railway level, etc., to be raised or lowered.
- Section 188Power of Chairperson to execute work after giving notice to the person liable.
- Section 189Power of Chairperson to affix shafts, etc., for ventilation of drain or cesspool.
- Section 190Power of Chairperson to examine and test drains, etc., believed to be defective.
- Section 191Bulk receipt of water and delivery of sewage by the Council.
- Section 192Employment of Government agencies for repairs, etc.
- Section 193Work to be done by licensed plumber.
- Section 194Prohibition of certain acts.
- Section 195Functions in relation to electricity supply.
- Section 196Additional functions in relation to electricity supply.
- Section 197Council to have powers and obligations of licensee under Act 9 of 1910.
- Section 198Restriction on building and other acts interfering with the works of electric supply.
- Section 199Power of Council to make arrangements with licensees.
- Section 200Charges for supply of electricity.
- Section 201Bulk receipt of electricity by the Council.
- Section 202Vesting of public streets in the Council.
- Section 203Functions of Chairperson in respect of public streets.
- Section 204Disposal of land forming site of public streets permanently closed.
- Section 205Power to make new public streets.
- Section 206Minimum width of new public streets.
- Section 207Power to prohibit or regulate use of public streets for certain kind of traffic.
- Section 208Power to acquire lands and buildings for public streets and for public parking places.
- Section 209Defining the regular line of streets.
- Section 210Setting back building to regular line of street.
- Section 211Compulsory setting back of building to regular line of street.
- Section 212Acquisition of open land and land occupied by platform, etc., within the regular line of street.
- Section 213Acquisition of the remaining part of a building and land after their portions within a regular line of street have been acquired.
- Section 214Setting forward of buildings to the regular line of street.
- Section 215Compensation to be paid in certain cases of setting back or setting forward of buildings, etc.
- Section 216Owner's obligation when dealing with land as building sites.
- Section 217Lay-out plans.
- Section 218Alteration or demolition of street made in breach of section 217.
- Section 219Power of Chairperson to order work to be carried out or to carry it out himself in default.
- Section 220Right of owner to require streets to be declared public.
- Section 221Prohibition of projections upon streets, etc.
- Section 222Projections over streets may be permitted in certain cases.
- Section 223Ground floor doors, etc., not to open outwards on streets.
- Section 224Prohibition of structures or fixtures which cause obstruction in street.
- Section 225Prohibition of deposit, etc., of things in streets.
- Section 226Power to remove anything deposited or exposed for sale in contravention of this Act.
- Section 227Prohibition of the tethering of animals and milking of cattle.
- Section 228Precautions during repair of streets.
- Section 229Streets not to be opened or broken up and building materials not to be deposited thereon without permission.
- Section 230Disposal of things removed under this Chapter.
- Section 231Naming and numbering of streets.
- Section 232Chairperson to take steps for repairing or enclosing dangerous places.
- Section 233Measures for lighting.
- Section 234Prohibition of removal, etc., of lamps.
- Section 235General superintendence, etc., of the Central Government.
- Section 236Definition.
- Section 237Prohibition of building without sanction.
- Section 238Erection of building.
- Section 239Applications for additions to, or repairs of, buildings.
- Section 240Conditions of valid notice.
- Section 241Sanction or refusal of building or work.
- Section 242When building or work may be proceeded with.
- Section 243Sanction accorded under misrepresentation.
- Section 244Buildings at corners of streets.
- Section 245Provisions as to buildings and works on either side of new streets.
- Section 246Period for completion of building or work.
- Section 247Order of demolition and stoppage of buildings or works in certain cases and appeal.
- Section 248Order of stoppage of buildings or works in certain cases.
- Section 249Power of Chairperson to require alteration of work.
- Section 250Power to seal unauthorised constructions.
- Section 251Completion certificates.
- Section 252Restrictions on uses of buildings.
- Section 253Appellate Tribunal.
- Section 254Appeals against certain orders or notices issued under the Act.
- Section 254AAppeals against penalties.
- Section 255Procedure of the Appellate Tribunal.
- Section 256Appeal against orders of Appellate Tribunal.
- Section 257Bar of jurisdiction of courts.
- Section 258Removal of dangerous buildings.
- Section 259Power to order building to be vacated in certain circumstances.
- Section 260Power of the Central Government to make bye-laws.
- Section 261Provision for daily cleansing of streets and removal of rubbish and filth.
- Section 262Rubbish, etc., to be the property of the Council.
- Section 263Provision or appointment of receptacles, depots and places for rubbish, etc.
- Section 264Duty of owners and occupiers to collect and deposit rubbish, etc.
- Section 265Collection and removal of filth and polluted matter.
- Section 266Removal of rubbish, etc., accumulated on premises used as factories, workshop, etc.
- Section 267Prohibition against accumulation of rubbish, etc.
- Section 268Prohibition in respect of air pollutant.
- Section 269Chairperson's power to get premises scavenged and cleansed.
- Section 270Public latrines, urinals, etc.
- Section 271Construction of latrines and urinals.
- Section 272Latrines and urinals, etc., in new buildings.
- Section 273Latrines and urinals for labourers, etc.
- Section 274Provision of latrines and urinals for markets, etc.
- Section 275Other provisions as to private latrines.
- Section 276Removal of congested buildings.
- Section 277Power of Chairperson to require improvement of building unfit for human habitation.
- Section 278Enforcement of notice requiring execution of works of improvement.
- Section 279Power of Chairperson to order demolition of buildings unfit for human habitation.
- Section 280Insanitary huts and sheds.
- Section 281Prohibition against washing by washerman.
- Section 282Obligation to give information of dangerous disease.
- Section 283Removal to hospital of patients, suffering from dangerous disease.
- Section 284Disinfection of buildings and articles.
- Section 285Destruction of infectious huts or sheds.
- Section 286Means of disinfection.
- Section 287Special measures in case of outbreak of dangerous or epidemic diseases.
- Section 288Infected clothes not to be sent to washerman or to laundry.
- Section 289Contamination and disinfection of public conveyance.
- Section 290Driver of conveyance not bound to carry persons suffering from dangerous disease.
- Section 291Disinfection of buildings before letting the same.
- Section 292Disposal of infected articles without disinfection.
- Section 293Prohibition of making or selling of food, etc., or washing of clothes by infected persons.
- Section 294Power to restrict or prohibit sale of food or drink.
- Section 295Control over wells and tanks, etc.
- Section 296Duty of persons suffering from dangerous disease.
- Section 297Disposal of infectious corpses where any person has died from any dangerous disease.
- Section 298Conditions of service of sweepers and certain other class of persons employed in municipal service.
- Section 299Conditions of service of sweepers employed for doing house scavenging.
- Section 300Power to call for information regarding burning and burial grounds.
- Section 301Permission for use of new burning or burial ground.
- Section 302Power to require closing of burning and burial grounds.
- Section 303Removal of corpses.
- Section 304Disposal of dead animals.
- Section 305Appointment of Chief Registrar, etc.
- Section 306Duties of registrar.
- Section 307Information of births and deaths.
- Section 308Prohibition of nuisances.
- Section 309Power of Chairperson to require removal or abatement of nuisance.
- Section 310Registration and control of dogs.
- Section 311Stacking or collecting inflammable materials.
- Section 312Care of naked lights.
- Section 313Discharging fire works, fire-arms, etc.
- Section 314Power to require buildings, wells, etc., to be rendered safe.
- Section 315Enclosure of waste land used for improper purpose.
- Section 316Provision of municipal market.
- Section 317Use of municipal markets and slaughter house.
- Section 318Private markets.
- Section 319Conditions of grant of licence for private market.
- Section 320Prohibition of keeping market open without licence, etc.
- Section 321Prohibition of use of unlicensed markets.
- Section 322Prohibition of business and trade near a market.
- Section 323Levy of stallages, rents and fees.
- Section 324Power to expel disturbers, etc., from markets.
- Section 325Butcher's fish-monger's and poulter's licence.
- Section 326Factory, etc., not to be established without permission of the Chairperson.
- Section 327Premises not to be used for certain purposes without licence.
- Section 328Seizure of certain animals.
- Section 329Power of Chairperson to prevent use of premises in particular areas for purposes referred to in section 327.
- Section 330Licences for hawking articles, etc.
- Section 331Eating houses, etc., not to be used without licence from the Chairperson.
- Section 332Licensing and control of theatres, circuses and places of public amusement.
- Section 333Power of Chairperson to stop use of premises used in contravention of licences.
- Section 334Improvement scheme.
- Section 335Matters to be provided for in an improvement scheme.
- Section 336Submission of improvement scheme to the Council for approval and to the Central Government for sanction.
- Section 337Rehousing scheme.
- Section 338Improvement scheme and rehousing scheme to comply with the master plan and zonal development plan.
- Section 339Signature, conditions, duration, suspension, revocation, etc., of licences and written permissions.
- Section 340Powers of entry and inspection.
- Section 341Power to enter land adjoining land in relation to any work.
- Section 342Breaking into building.
- Section 343Time of making entry.
- Section 344Consent ordinarily to be obtained.
- Section 345Regard to be had to social or religious usages.
- Section 346Prohibition of obstruction or molestation in execution of work.
- Section 347Public notices how to be made known.
- Section 348Newspapers in which advertisements or notices to be published.
- Section 349Proof of consent, etc., of Chairperson.
- Section 350Notices, etc., to fix reasonable time.
- Section 351Signature on notices, etc., may be stamped.
- Section 352Notices, etc., by whom to be served or issued.
- Section 353Services of notices, etc.
- Section 354Service of bills for tax or notice of demand by ordinary post.
- Section 355Powers in case of non-compliance with notice, etc.
- Section 356Liability of occupier to pay in default of owner.
- Section 357Execution of work by occupier in default of owner and deduction of expenses from rent.
- Section 358Relief to agents and trustees.
- Section 359General power to compensation.
- Section 360Compensation to be paid by offenders for damage caused by them.
- Section 361Reference to the court of the district judge in certain cases.
- Section 362Application to the court of the district judge in other cases.
- Section 363Mode of recovery of certain dues.
- Section 364Right of owner to apply to the court of the district judge in case of obstruction by occupier.
- Section 365General powers and procedure of the court of the district judge.
- Section 366Fees in proceedings before the court of the district judge.
- Section 367Repayment of half fees on settlement before hearing.
- Section 368Power of the court of the district judge to delegate certain powers and to make rules.
- Section 369Punishment for certain offences.
- Section 370General penalty.
- Section 371Offences by companies.
- Section 372Certain offences to be cognizable.
- Section 373Prosecutions.
- Section 374Composition of offences.
- Section 375Municipal magistrates.
- Section 376Cognizance of offences.
- Section 377Limitation of time for prosecution.
- Section 378Power of magistrate to hear cases in absence of accused when summoned to appear.
- Section 379Complaints concerning nuisances.
- Section 380Procedure to be followed by magistrate regarding complaints concerning nuisances.
- Section 381Arrest of offenders.
- Section 382Duties of police officers.
- Section 383Power to institute, etc., legal proceedings and obtain legal advice.
- Section 384Protection of action of the Council, etc.
- Section 385Notice to be given of suits.
- Section 386Supplemental provisions respecting rules.
- Section 387Supplemental provisions respecting regulations.
- Section 388Power to make bye-laws.
- Section 389Regulations and bye-laws to be laid before Parliament.
- Section 390Penalty for breaches of bye-laws.
- Section 391Supplemental provisions respecting bye-laws.
- Section 392Bye-laws to be available for inspection and purchase.
- Section 393Government to require production of documents.
- Section 394Inspection.
- Section 395Directions by Central Government.
- Section 396Power to provide for enforcement of direction under section 395.
- Section 397Power of Central Government to give directions in relation to primary schools, etc.
- Section 398Dissolution of the Council.
- Section 399Delegation of power by the Central Government.
- Section 400Power to delegate functions of Chairperson.
- Section 401Validity of notices and other documents.
- Section 402Admissibility of document or entry as evidence.
- Section 403Evidence of Municipal officer or employee.
- Section 404Prohibition against obstruction of any municipal authority.
- Section 405Prohibition against removal of mark.
- Section 406Prohibition against removal or obliteration of notice.
- Section 407Prohibition against unauthorised dealings with public place or materials.
- Section 408Liability of Chairperson, etc., for loss, waste or misapplication of New Delhi Municipal Fund or property.
- Section 409Members and municipal officers and employees to be public servants.
- Section 410Annual administration report.
- Section 411Other laws not to be disregarded.
- Section 412Exemption of diplomatic or consular missions from payment of tax, etc.
- Section 413Construction of references.
- Section 414Council to undertake work on agency basis.
- Section 415Power to remove difficulties.
- Section 416Repeal and savings.
- Section 417Expenditure in connection with the Council from the commencement of this Act to the adoption of the budget by the Council.
- Section 418Transitory provision.
- Section 419Repeal of Ordinance 8 of 1994.