New Delhi Municipal Council Act, 1994

Bare Act · 1994

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
Enacted: 14 July 1994
Contents: 442 sections · 23 chapters

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Contents

Chapter I — Preliminary

Chapter II — The Council

Chapter III — Functions Of The Council

Section 10 – General powers of the Council (preview)
Section 11 – Obligatory functions of the Council (preview)
Section 12 – Discretionary functions of the Council (preview)

Chapter IV — The Chairperson

Chapter V — Procedure

Section 21 – Meetings (preview)
Section 22 – First meeting of the Council (preview)
Section 23 – Notice of meetings and business (preview)
Section 24 – Quorum (preview)
Section 25 – Presiding Officer (preview)
Section 26 – Method of deciding questions (preview)
Section 27 – Members not to vote on matter in which they are interested (preview)
Section 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 (preview)
Section 29 – Keeping of minutes and proceedings (preview)
Section 30 – Circulation of minutes and inspection of minutes and reports of proceedings (preview)
Section 31 – Forwarding minutes and reports of proceedings to the Administrator (preview)
Section 32 – Validation of proceedings, etc (preview)

Chapter VI — Municipal Officers And Other Municipal Employees

Chapter VII — Revenue And Expenditure

Section 44 – Constitution of the New Delhi Municipal Fund (preview)
Section 45 – New Delhi Municipal Fund to be kept in the State Bank of India (preview)
Section 46 – Operation of the Accounts (preview)
Section 47 – Payments not to be made unless covered by a budget-grant (preview)
Section 48 – Duty of persons signing cheques (preview)
Section 49 – Procedure when money not covered by a budget-grant is expended (preview)
Section 50 – Application of New Delhi Municipal Fund (preview)
Section 51 – Temporary payments from the New Delhi Municipal Fund for works urgently required for the public service (preview)
Section 52 – Investment of surplus moneys (preview)
Section 53 – Constitution of Finance Commission (preview)
Section 54 – Constitution of special funds (preview)
Section 55 – Adoption of budget estimates (preview)
Section 56 – Power of Council to alter budget estimates (preview)
Section 57 – Power of Council to re-adjust income and expenditure during the year (preview)
Section 58 – Accounts to be kept (preview)
Section 59 – Audit (preview)

Chapter VIII — Taxation

Section 60 – Taxes to be imposed by the Council under this Act (preview)
Section 61 – Components of property tax (preview)
Section 61A – Building tax (preview)
Section 61B – Rebate for certain categories (preview)
Section 61C – Vacant land tax (preview)
Section 61D – Rate of building tax (preview)
Section 61E – Rate of vacant land tax (preview)
Section 62 – Premises in respect of which property tax is to be levied (preview)
Section 63 – Unit of assessment (preview)
Section 64 – Charge for supply of water (preview)
Section 64A – Constitution of Municipal Valuation Committee (preview)
Section 64B – Classification of vacant lands and buildings into areas and groups and specification of base unit area values therefor (preview)
Section 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 (preview)
Section 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 (preview)
Section 64E – Final base unit area values of vacant land and of covered space of building (preview)
Section 64F – Determination of annual value of covered space of building and of vacant land (preview)
Section 64G – Determination of annual value of building where land is exempted from property tax (preview)
Section 64H – Transitory provisions (preview)
Section 64J – Indexation of unit area value (preview)
Section 64K – Hardship and Anomaly Committee (preview)
Section 65 – Taxation of Union properties (preview)
Section 66 – Incidence of property taxes (preview)
Section 67 – Omitted (preview)
Section 68 – Recovery of property tax from occupiers (preview)
Section 69 – Property tax a first charge on premises on which it is assessed (preview)
Section 69A – Submission of returns (preview)
Section 69B – Self-assessment and submission of return (preview)
Section 69C – Revision of assessment (preview)
Section 69D – Power of Chairperson regarding assessment (preview)
Section 70 – Assessment list (preview)
Section 71 – Omitted (preview)
Section 72 – Omitted (preview)
Section 72A – Assignment of property identification code (preview)
Section 73 – Omitted (preview)
Section 74 – Notice of transfers (preview)
Section 75 – Notice of erection of building, etc (preview)
Section 76 – Notice of demolition or removal of buildings (preview)
Section 77 – Omitted (preview)
Section 78 – Omitted (preview)
Section 79 – Omitted (preview)
Section 80 – Omitted (preview)
Section 81 – Power of Chairperson to employ valuers (preview)
Section 82 – Tax on certain vehicles and animals and rates thereof (preview)
Section 83 – The tax on whom leviable (preview)
Section 84 – Tax when payable (preview)
Section 85 – Power of Chairperson to compound with livery stable keeper, etc., for tax (preview)
Section 86 – Theatre-tax (preview)
Section 87 – Liability to pay theatre-tax (preview)
Section 88 – Omitted (preview)
Section 89 – Prohibition of advertisements without written permission of the Chairperson (preview)
Section 90 – Permission of the Chairperson to become void in certain cases (preview)
Section 91 – Presumption in case of contravention (preview)
Section 92 – Power of Chairperson in case of contravention (preview)
Section 93 – Duty on transfer of property and method of assessment thereto (preview)
Section 94 – Provisions applicable on the introduction of transfer duty (preview)
Section 95 – Tax on building applications (preview)
Section 96 – Imposition of other taxes (preview)
Section 97 – Supplementary taxation (preview)
Section 98 – Time and manner of payment of taxes (preview)
Section 98A – Punishment for wilful default in payment of property tax, furnishing wrong information in return of assessment, etc (preview)
Section 99 – Presentation of bill (preview)
Section 100 – Notice of demand and notice fee (preview)
Section 101 – Penalty in case of default of payment of taxes (preview)
Section 102 – Recovery of tax (preview)
Section 102A – Recovery of property tax (preview)
Section 103 – Distress (preview)
Section 104 – Disposal of distrained property and attachment and sale of immovable property (preview)
Section 105 – Recovery from a person about to leave New Delhi or Delhi (preview)
Section 106 – Power to institute suit for recovery (preview)
Section 107 – Power of seizure of vehicles and animals in case of non-payment of tax thereon (preview)
Section 108 – Occupiers may be required to pay rent towards satisfaction of property tax (preview)
Section 109 – Demolition, etc., of buildings (preview)
Section 110 – Omitted (preview)
Section 111 – Omitted (preview)
Section 112 – Omitted (preview)
Section 113 – Omitted (preview)
Section 114 – Omitted (preview)
Section 115 – Appeal against assessment, etc (preview)
Section 116 – Conditions of right to appeal (preview)
Section 117 – Condonation of delay in preferring the appeal (preview)
Section 118 – Finality of appellate orders (preview)
Section 119 – Power to inspect for purposes of determining rateable value or tax (preview)
Section 120 – Composition (preview)
Section 121 – Irrecoverable debts (preview)
Section 122 – Obligation to disclose liability (preview)
Section 123 – Immaterial error not to affect liability (preview)
Section 124 – General power of exemption (preview)
Section 125 – Omitted (preview)

Chapter IX — Borrowing

Section 126 – Power of Council to borrow (preview)
Section 127 – Time for repayment of money borrowed under section 126 (preview)
Section 128 – Form and effect of debenture (preview)
Section 129 – Payment to survivors of joint payees (preview)
Section 130 – Receipt by joint holders for interest or dividend (preview)
Section 131 – Maintenance and investment of sinking funds (preview)
Section 132 – Application of sinking funds (preview)
Section 133 – Annual statement by Chairperson (preview)
Section 134 – Power of Council to consolidate loans (preview)
Section 135 – Priority of payment for interest and repayment of loans over other payments (preview)
Section 136 – Power to make regulations (preview)

Chapter X — Property And Contracts

Section 137 – Acquisition of property (preview)
Section 138 – Acquisition of immovable property by agreement (preview)
Section 139 – Procedure when immovable property cannot be acquired by agreement (preview)
Section 140 – Disposal of movable property (preview)
Section 141 – Disposal of immovable property (preview)
Section 142 – Contracts by the Council (preview)
Section 143 – Procedure for making contracts (preview)
Section 144 – Mode of executing contracts (preview)

Chapter XI — Water Supply, Drainage And Sewage Collection

Chapter XII — Electricity Supply

Chapter XIV — Building Regulations

Section 235 – General superintendence, etc., of the Central Government (preview)
Section 236 – Definition (preview)
Section 237 – Prohibition of building without sanction (preview)
Section 238 – Erection of building (preview)
Section 239 – Applications for additions to, or repairs of, buildings (preview)
Section 240 – Conditions of valid notice (preview)
Section 241 – Sanction or refusal of building or work (preview)
Section 242 – When building or work may be proceeded with (preview)
Section 243 – Sanction accorded under misrepresentation (preview)
Section 244 – Buildings at corners of streets (preview)
Section 245 – Omitted (preview)
Section 246 – Period for completion of building or work (preview)
Section 247 – Order of demolition and stoppage of buildings or works in certain cases and appeal (preview)
Section 248 – Order of stoppage of buildings or works in certain cases (preview)
Section 249 – Power of Chairperson to require alteration of work (preview)
Section 250 – Power to seal unauthorised constructions (preview)
Section 251 – Completion certificates (preview)
Section 252 – Restrictions on uses of buildings (preview)
Section 253 – Appellate Tribunal (preview)
Section 254 – Appeals against certain orders or notices issued under the Act (preview)
Section 254A – Appeals against penalties (preview)
Section 255 – Procedure of the Appellate Tribunal (preview)
Section 256 – Appeal against orders of Appellate Tribunal (preview)
Section 257 – Bar of jurisdiction of courts (preview)
Section 258 – Removal of dangerous buildings (preview)
Section 259 – Power to order building to be vacated in certain circumstances (preview)
Section 260 – Power of the Central Government to make bye-laws (preview)

Chapter XV — Sanitation And Public Health

Section 261 – Provision for daily cleansing of streets and removal of rubbish and filth (preview)
Section 262 – Rubbish, etc., to be the property of the Council (preview)
Section 263 – Provision or appointment of receptacles, depots and places for rubbish, etc (preview)
Section 264 – Duty of owners and occupiers to collect and deposit rubbish, etc (preview)
Section 265 – Collection and removal of filth and polluted matter (preview)
Section 266 – Removal of rubbish, etc., accumulated on premises used as factories, workshop, etc (preview)
Section 267 – Prohibition against accumulation of rubbish, etc (preview)
Section 268 – Prohibition in respect of air pollutant (preview)
Section 269 – Chairperson's power to get premises scavenged and cleansed (preview)
Section 270 – Public latrines, urinals, etc (preview)
Section 271 – Omitted (preview)
Section 272 – Omitted (preview)
Section 273 – Latrines and urinals for labourers, etc (preview)
Section 274 – Provision of latrines and urinals for markets, etc (preview)
Section 275 – Omitted (preview)
Section 276 – Removal of congested buildings (preview)
Section 277 – Power of Chairperson to require improvement of building unfit for human habitation (preview)
Section 278 – Enforcement of notice requiring execution of works of improvement (preview)
Section 279 – Power of Chairperson to order demolition of buildings unfit for human habitation (preview)
Section 280 – Omitted (preview)
Section 281 – Omitted (preview)
Section 282 – Obligation to give information of dangerous disease (preview)
Section 283 – Removal to hospital of patients, suffering from dangerous disease (preview)
Section 284 – Omitted (preview)
Section 285 – Omitted (preview)
Section 286 – Means of disinfection (preview)
Section 287 – Special measures in case of outbreak of dangerous or epidemic diseases (preview)
Section 288 – Omitted (preview)
Section 289 – Omitted (preview)
Section 290 – Driver of conveyance not bound to carry persons suffering from dangerous disease (preview)
Section 291 – Omitted (preview)
Section 292 – Disposal of infected articles without disinfection (preview)
Section 293 – Omitted (preview)
Section 294 – Power to restrict or prohibit sale of food or drink (preview)
Section 295 – Control over wells and tanks, etc (preview)
Section 296 – Omitted (preview)
Section 297 – Disposal of infectious corpses where any person has died from any dangerous disease (preview)
Section 298 – Omitted (preview)
Section 299 – Omitted (preview)
Section 300 – Power to call for information regarding burning and burial grounds (preview)
Section 301 – Permission for use of new burning or burial ground (preview)
Section 302 – Power to require closing of burning and burial grounds (preview)
Section 303 – Removal of corpses (preview)
Section 304 – Disposal of dead animals (preview)

Chapter XVI — Vital Statistics

Section 305 – Appointment of Chief Registrar, etc (preview)
Section 306 – Duties of registrar (preview)
Section 307 – Omitted (preview)

Chapter XVII — Public Safety And Suppression Of Nuisances

Section 308 – Prohibition of nuisances (preview)
Section 309 – Power of Chairperson to require removal or abatement of nuisance (preview)
Section 310 – Registration and control of dogs (preview)
Section 311 – Omitted (preview)
Section 312 – Omitted (preview)
Section 313 – Omitted (preview)
Section 314 – Power to require buildings, wells, etc., to be rendered safe (preview)
Section 315 – Enclosure of waste land used for improper purpose (preview)

Chapter XVIII — Markets, Trades And Occupations

Section 316 – Provision of municipal market (preview)
Section 317 – Use of municipal markets and slaughter house (preview)
Section 318 – Private markets (preview)
Section 319 – Conditions of grant of licence for private market (preview)
Section 320 – Omitted (preview)
Section 321 – Omitted (preview)
Section 322 – Omitted (preview)
Section 323 – Levy of stallages, rents and fees (preview)
Section 324 – Omitted (preview)
Section 325 – Butcher's fish-monger's and poulter's licence (preview)
Section 326 – Factory, etc., not to be established without permission of the Chairperson (preview)
Section 327 – Premises not to be used for certain purposes without licence (preview)
Section 328 – Seizure of certain animals (preview)
Section 329 – Power of Chairperson to prevent use of premises in particular areas for purposes referred to in section 327 (preview)
Section 330 – Licences for hawking articles, etc (preview)
Section 331 – Eating houses, etc., not to be used without licence from the Chairperson (preview)
Section 332 – Licensing and control of theatres, circuses and places of public amusement (preview)
Section 333 – Power of Chairperson to stop use of premises used in contravention of licences (preview)

Chapter XIX — Improvement

Chapter XX — Powers, Procedure, Offences And Penalties

Section 339 – Signature, conditions, duration, suspension, revocation, etc., of licences and written permissions (preview)
Section 340 – Powers of entry and inspection (preview)
Section 341 – Power to enter land adjoining land in relation to any work (preview)
Section 342 – Breaking into building (preview)
Section 343 – Time of making entry (preview)
Section 344 – Consent ordinarily to be obtained (preview)
Section 345 – Regard to be had to social or religious usages (preview)
Section 346 – Prohibition of obstruction in execution of work (preview)
Section 347 – Public notices how to be made known (preview)
Section 348 – Newspapers in which advertisements or notices to be published (preview)
Section 349 – Proof of consent, etc., of Chairperson (preview)
Section 350 – Notices, etc., to fix reasonable time (preview)
Section 351 – Signature on notices, etc., may be stamped (preview)
Section 352 – Notices, etc., by whom to be served or issued (preview)
Section 353 – Services of notices, etc (preview)
Section 354 – Service of bills for tax or notice of demand by ordinary post (preview)
Section 355 – Powers in case of non-compliance with notice, etc (preview)
Section 356 – Liability of occupier to pay in default of owner (preview)
Section 357 – Execution of work by occupier in default of owner and deduction of expenses from rent (preview)
Section 358 – Relief to agents and trustees (preview)
Section 359 – General power to compensation (preview)
Section 360 – Compensation to be paid by offenders for damage caused by them (preview)
Section 361 – Reference to the court of the district judge in certain cases (preview)
Section 362 – Application to the court of the district judge in other cases (preview)
Section 363 – Mode of recovery of certain dues (preview)
Section 364 – Right of owner to apply to the court of the district judge in case of obstruction by occupier (preview)
Section 365 – General powers and procedure of the court of the district judge (preview)
Section 366 – Fees in proceedings before the court of the district judge (preview)
Section 367 – Repayment of half fees on settlement before hearing (preview)
Section 368 – Power of the court of the district judge to delegate certain powers and to make rules (preview)
Section 369 – Penalties for certain offences (preview)
Section 370 – Provision for remedial action or warning notice (preview)
Section 371 – Offences by companies (preview)
Section 372 – Omitted (preview)
Section 373 – Prosecutions (preview)
Section 374 – Composition of offences (preview)
Section 375 – Municipal magistrates (preview)
Section 376 – Cognizance of offences (preview)
Section 377 – Limitation of time for prosecution (preview)
Section 378 – Power of magistrate to hear cases in absence of accused when summoned to appear (preview)
Section 379 – Complaints concerning nuisances (preview)
Section 380 – Procedure to be followed by magistrate regarding complaints concerning nuisances (preview)
Section 381 – Arrest of offenders (preview)
Section 382 – Duties of police officer (preview)
Section 383 – Power to institute, etc., legal proceedings and obtain legal advice (preview)
Section 384 – Protection of action of the Council, etc (preview)
Section 385 – Notice to be given of suits (preview)

Chapter XXI — Rules, Regulations And Bye-Laws

Section 386 – Supplemental provisions respecting rules (preview)
Section 387 – Supplemental provisions respecting regulations (preview)
Section 388 – Power to make bye-laws (preview)
Section 389 – Regulations and bye-laws to be laid before Parliament (preview)
Section 390 – Penalty for breaches of bye-laws (preview)
Section 391 – Supplemental provisions respecting bye-laws (preview)
Section 392 – Bye-laws to be available for inspection and purchase (preview)

Chapter XXII — Control

Section 393 – Government to require production of documents (preview)
Section 394 – Inspection (preview)
Section 395 – Directions by Central Government (preview)
Section 396 – Power to provide for enforcement of direction under section 395 (preview)
Section 397 – Power of Central Government to give directions in relation to primary schools, etc (preview)
Section 398 – Dissolution of the Council (preview)

Chapter XXIII — Miscellaneous

Sections

Section 400 – Power to delegate functions of Chairperson (preview)