NCT Delhi - Act
The New Delhi Municipal Council Act, 1994
DELHI
India
India
The New Delhi Municipal Council Act, 1994
Act 44 of 1994
- Published on 14 July 1994
- Commenced on 14 July 1994
- [This is the version of this document from 8 January 2012.]
- [Note: The original publication document is not available and this content could not be verified.]
- [Amended by Delhi Municipal Corporation (Amendment) Act, 2011 (Act 05 of 2012) on 8 January 2012]
Chapter 1
Preliminary
1. Short title, extent and commencement.
2. Definitions.
In this Act, unless the context otherwise requires,-Chapter II
The Council
Constitution of the Council3. Establishment of the Council.
4. Composition of the Council.
5. Duration of the Council.
6. Disqualification for membership of the Council.
7. Oath or affirmation.
8. Vacation of seat.
9. Setting-up of committees.
Chapter III
Functions Of The Council
10. General powers of the Council.
11. Obligatory functions of the Council.
- 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:-12. Discretionary functions of the Council.
- 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:-Chapter IV
The Chairperson
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.
- If any vacancy occurs in the office of Chairperson on account of death, resignation or removal, the Central Government shall appoint another person to officiate as Chairperson in his place for a term not exceeding two months, pending the appointment of a Chairperson under section 13.16. Salary and allowances of the Chairperson and members.
17. Service regulations of members.
- If a member is an officer in the service of the Government or the Central Government, the Council shall make such contribution towards his leave allowances, pension and provident fund as may be required by the conditions of his service under the Government or the Central Government to be paid by him or for him, as the case may be.18. Functions of the Chairperson.
- Save as otherwise provided in this Act the entire executive power for the purpose of carrying out the provisions of this Act and of any other Act, for the time being in force which confers, any power or imposes any duty on the Council, shall vest in the Chairperson who shall also-19. Chairperson not to be interested in any contract, etc
, with the Council. - (1) A person shall be disqualified for being appointed as the Chairperson who has directly or indirectly, by himself or by a partner or any other person, any share or interest in any contract made with, or any work being done for, the Council other than as such Chairperson.20. Exercise of powers to be subject to sanction.
- Save as otherwise provided in this Act, the exercise of any power or the performance of any duty conferred or imposed upon the Council by or under this Act which will involve expenditure, shall be subject to the following conditions, namely:-Chapter V
Procedure
Transaction of business by the Council21. Meetings.
22. First meeting of the Council.
- The first meeting of the Council shall be held as early as possible and shall be convened by the Administrator.23. Notice of meetings and business.
- A list of the business to be transacted at every meeting except at an adjourned meeting shall be sent to the address of each member at least seventy-two hours before the time fixed for such meeting; and no business shall, except where the Chairperson otherwise directs, be brought before, or transacted at, in any meeting other than the business of which a notice has been so given:Provided that any member may send or deliver to the Secretary notice of any resolution going beyond the matters mentioned in the notice given of such meeting so as to reach him at least forty-eight hours before the date fixed for the meeting and the Secretary shall, with all possible dispatch, take steps to circulate such resolution to every member in such manner as he may think fit.24. Quorum.
25. Presiding Officer.
- [(1) The meetings of the Council shall be presided over, in the following order, by, - [[Substuted by Act 5 of 2012, section 3, for sub-section (1) (w.e.f. 1-3-2012). Sub-section (1), before substitution, stood as under:"(1) The Chairperson or in his absence, the Vice Chairperson, or in the absence of both, such other member present as is decided by the Council shall preside at every meeting of the Council."]](a)the Chief Minister of Delhi, if he is a member of the Legislative Assembly of Delhi representing the constituency which comprises wholly or partly the New Delhi area, and attends the meeting being a member of the Council under clause (b) of sub-section (1) of section 4; or [[Substuted by Act 5 of 2012, section 3, for sub-section (1) (w.e.f. 1-3-2012). Sub-section (1), before substitution, stood as under:"(1) The Chairperson or in his absence, the Vice Chairperson, or in the absence of both, such other member present as is decided by the Council shall preside at every meeting of the Council."]](b)the Union Minister, if he is a Member of Parliament representing the constituency which comprises wholly or partly the New Delhi area, and attends the meeting being a member of the Council under clause (e) of sub-section (1) of section 4; or [[Substuted by Act 5 of 2012, section 3, for sub-section (1) (w.e.f. 1-3-2012). Sub-section (1), before substitution, stood as under:"(1) The Chairperson or in his absence, the Vice Chairperson, or in the absence of both, such other member present as is decided by the Council shall preside at every meeting of the Council."]](c)the Minister in the Government of National Capital Territory of Delhi, if he is a Member of the Legislative Assembly of Delhi representing the constituency which comprises wholly or partly the New Delhi area, and attends the meeting being a member of the Council under clause (b) of sub-section (1) of section 4; or [[Substuted by Act 5 of 2012, section 3, for sub-section (1) (w.e.f. 1-3-2012). Sub-section (1), before substitution, stood as under:"(1) The Chairperson or in his absence, the Vice Chairperson, or in the absence of both, such other member present as is decided by the Council shall preside at every meeting of the Council."]](d)the Member of Parliament not being a Minister for the Union representing the constituency which comprises wholly or partly the New Delhi area, and attends the meeting being a member of the Council under clause (e) of sub-section (1) of section 4; or [[Substuted by Act 5 of 2012, section 3, for sub-section (1) (w.e.f. 1-3-2012). Sub-section (1), before substitution, stood as under:"(1) The Chairperson or in his absence, the Vice Chairperson, or in the absence of both, such other member present as is decided by the Council shall preside at every meeting of the Council."]](e)the Chairperson of the Council.] [[Substuted by Act 5 of 2012, section 3, for sub-section (1) (w.e.f. 1-3-2012). Sub-section (1), before substitution, stood as under:"(1) The Chairperson or in his absence, the Vice Chairperson, or in the absence of both, such other member present as is decided by the Council shall preside at every meeting of the Council."]]26. Method of deciding questions.
27. Members not to vote on matter in which they are interested.
- No member shall vote at a meeting of the Council or of any Committee thereof on any question relating to his own conduct or vote or take part in any discussion on any matter (other than a matter affecting generally the residents of New Delhi) which affect his pecuniary interest or any property in respect of which he is directly or indirectly interested, or any property of or for which he is a manager or agent.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 proceedings.
- Minutes in which shall be recorded the names of the members present at, and the proceedings of each meeting of the Council, and every other committee constituted under sub-section (1) of section 9 shall be drawn up and recorded in a book to be kept for that purpose, and shall be laid before the next ensuring meeting of the Council, or of such committee, as the case may be, and signed at such meeting by the presiding officer thereof.30. Circulation of minutes and inspection of minutes and reports of proceedings.
31. Forwarding minutes and reports of proceedings to the Administrator.
32. Validation of proceedings, etc.
Chapter VI
Municipal Officers And Other Municipal Employees
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.
- No permanent officer or other employee shall be entertained in any department of the municipal administration unless he has been appointed under sub-section (1) of section 33 or his office and emoluments are included in the Schedule for the time being in force prepared and sanctioned under section 34 or is appointed against a permanent post under section 36.36. Power to make appointments.
37. Officers and other employees not to undertake any extraneous work.
- No municipal officer or other municipal employee shall undertake any work unconnected with his duties under this Act except with the permission of the Chairperson.38. Officers and other employees not to be interested in any contract, etc
, with the Council. - (1) A person shall be disqualified for being appointed as a municipal officer or employee if he has, directly or indirectly, by himself or by a partner or any other person any share or interest in any contract made with, or any work being done for, the Council other than as such officer or employee.39. Punishment for municipal officers and other employees.
40. Consultation with the Union Public Service Commission.
- No appointment to any category A post within the meaning of clause (i) of sub-section (4) of section 34 shall be made except after consultation with the Commission:Provided that no such consultation with the Commission shall be necessary in regard to the selection for appointment-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.
The direct recruitment to category B and category C posts may be made by the Government through such agencies as may be prescribed for it.43. Power of Council to make regulations.
Chapter VII
Revenue And Expenditure
The New Delhi Municipal Fund44. Constitution of the New Delhi Municipal Fund.
45. New Delhi Municipal Fund to be kept in the State Bank of India.
- All moneys payable to the credit of the New Delhi Municipal Fund in the General Account shall be received by the Chairperson and shall be forthwith paid into the State Bank of India to the credit of the said Account which shall be entitled" The General Account of the New Delhi Municipal Fund".46. Operation of the Accounts.
47. Payments not to be made unless covered by a budget-grant.
- No payment of any sum out of the New Delhi Municipal Fund shall be made unless the expenditure of the same is covered by a current budget-grant and a sufficient balance of such budget-grant is still available notwithstanding any reduction or transfer thereof which may have been made under the provisions of this Act:Provided that this section shall not apply to payments made in the following classes of cases, namely:-48. Duty of persons signing cheques.
- Before any person signs a cheque in accordance with section 46, he shall satisfy himself that the sum for which the cheque is drawn is either-49. Procedure when money not covered by a budget grant is expended.
- Whenever any sum is expended under clauses (c) (e) or (f) of the proviso to section 47, the Chairperson shall forthwith communicate the circumstances to the Council, which may take such action under the provisions of this Act as shall, in the circumstances appear possible and expedient for covering the amount of the additional expenditure.50. Application of New Delhi Municipal Fund.
51. Temporary 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.
54. Constitution of special funds.
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.
58. Account to be kept.
- These shall be kept in such manner and in such form as may be prescribed by regulations the General Account of all receipts and expenditures of the Council.59. Audit.
Chapter VIII
Taxation
Levy of taxes60. Taxes to be imposed by the Council under this Act.
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.
- Property tax due under this Act in respect of any land or building shall, subject to the prior payment of the land revenue, if any, due to the Council or Government or Central Government thereon, be a first charge-70. Assessment list.
71. Evidential value of assessment list.
- Subject to such alterations as may thereafter be made in the assessment list under section 72 and to the result of any appeal made under the provisions of this Act, the entries in the assessment list authenticated and deposited as provided in section 70 shall be accepted as conclusive evidence for the purpose of assessing any tax levied under this Act, of the rateable value of all lands and buildings to which such entries respectively relate.72. Amendment of assessment list.
73. Preparation of new assessment list.
- It shall be in the discretion of the Chairperson to prepare for the whole or any part of New Delhi, a new assessment list every year or to adopt the rateable value contained in the list for any year, with such alterations as may in particular cases be deemed necessary, as the rateable value for the year following, giving the same public notice as well as individual notices, to persons affected by such alterations, of the rateable value as if a new assessment list had been prepared.74. Notice of transfers.
75. Notice of erection of building, etc
- When any new building is erected or when any building is rebuilt or enlarged or when any building which has been vacant is reoccupied, the person primarily liable for the property tax assessed on the building shall give notice thereof in writing to the Chairperson within fifteen days from the date of its completion or occupation whichever first occurs, or as the case may be, from the date of its completion or occupation whichever first occurs, or as the case may be, from the date of its enlargement or re-occupation; and property tax shall be assessable on the building from the said date.76. Notice of demolition or removal of buildings.
- When any building or any portion of a building, which is liable to the payment of property tax is demolished or removed, otherwise than by order of the Chairperson, the person primarily liable for the payment of the said tax shall give notice thereof in writing to the Chairperson.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.
- Notwithstanding that any land or building is owned by, or let to, two or more persons in severalty, the Chairperson shall for the purpose of assessing such land or building to property tax treat the whole of it as one property:Provided that the Chairperson may, in respect of any land or building which was originally treated as one property but which subsequently passes on by transfer, succession or in any other manner to two or more persons who divide the same into several parts and occupy them in severalty, treat, subject to any bye-law made in this behalf, each such several part, or two or more of such several parts together, as a separate property and assess such part or parts to property tax accordingly.79. Assessment in case of amalgamation of premises.
- If any land or building, bearing two or more municipal numbers, or portions thereof, be amalgamated into one or more new premises, the Chairperson shall on such amalgamation assign to them one or more number and assess them to property tax accordingly:Provided that the total assessment on amalgamation shall not be greater than the sum of the previous assessments of the several premises except when there is any re-valuation of any of the said premises.80. Power of Chairperson to assess separately outhouses and portions of buildings.
- The Chairperson may in his discretion assess any outhouse appurtenant to a building, or any portion of a land or building separately from such building or as the case may be, from the rest of such land or building.81. Power of Chairperson to employ valuers.
82. Tax on certain vehicles and animals and rates thereof.
- Save as otherwise provided in this Act, a tax at the rates not exceeding those specified in the Second Schedule shall be levied on vehicles and animals of the descriptions specified in that Schedule which are kept within New Delhi.83. The tax on whom leviable.
- The tax on vehicles or animals shall be leviable upon the owner of or the person having possession or control of, such vehicles or animals in respect of which the tax is leviable:Provided that in the case of an animal generally used or employed in drawing any vehicle, the tax in respect of such animal shall be leviable upon the owner of, or the person having possession or control of, such vehicle, whether or not such animal is owned by such owner or person:Provided further that the tax under this section shall not be levied in respect of -84. Tax when payable.
- The tax on vehicles or animals shall be payable in advance in such number of instalments and in such manner as may be determined by bye-laws made in this behalf.85. Power of Chairperson to compound with livery stable keeper, etc, for tax.
- The Chairperson may with the approval of the Council, compound for any period not exceeding one year at a time, with any livery stable keeper or other person keeping vehicles for hire or animals for sale or hire, for a lump sum to be paid in respect of the vehicles or animals so kept in lieu of the taxes leviable under section 82 which such livery stable keeper or other person would otherwise person would otherwise be liable to pay.Theatre-tax86. Theatre-tax.
- Save as otherwise provided in this Act, there shall be levied a tax (referred to in this Act as theatre-tax) in respect of every cinema, theatre, circus, carnival and other place of entertainment to which persons are ordinarily admitted on payment for performances or shows held or conducted thereat, at such rates not exceeding those specified in the Third Schedule as the Council may determine:Provided that the theatre-tax shall not be levied in respect of any performance or show if the Chairperson is satisfied-87. Liability to pay theatre-tax.
- Every proprietor, manager, or person-in-charge of a theatre, cinema, circus, carnival or other place of entertainment shall be liable to pay the theatre-tax and shall pay the same in advance before the commencement of the performances or shows:Provided that the Chairperson may, with the approval of the Council, compound for any series of performances or shows or for any period not exceeding one month, with such proprietor, manager or person for a lump sum to be paid for such series of performances or shows or for the performances or shows held or conducted during such period.Tax on advertisements other than advertisements published in the newspapers88. Tax on advertisements.
89. Prohibition of advertisements without written permission of the Chairperson.
90. Permission of the Chairperson to become void in certain cases.
- The permission granted under section 89 shall become void in the following cases, namely:-91. Presumption in case of contravention.
- Where any advertisement has been erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding, frame, post or structure or upon or in any vehicle or displayed to public view from a public street or public place in contravention of the provisions of this Act or any bye-laws made thereunder, it shall be presumed, unless and until contrary is proved, that the contravention has been committed by the person or the persons on whose behalf the advertisement purports to be or the agents of such person or persons.92. Power of Chairperson in case of contravention.
- If any advertisement is erected, exhibited, fixed or retained in contravention of the provisions of section 89, the Chairperson may require the owner or occupier of the land, building, wall, hoarding, frame, post or structure or vehicle upon, or over or in which the same is erected, exhibited, fixed or retained, to take down or remove such advertisement or may enter any land, building, property or vehicle and have the advertisement dismantled, taken down or removed or spoiled, defaced or screened.Duty on transfer of property93. Duty on transfer of property and method of assessment thereto.
| Description of instrument | Amount on which duty should be levied |
| (i) Sale of immovable property. | The amount of value of the consideration for the sale, as setforth in the instrument. |
| (ii) Exchange of immovable property. | The value of the property of the greater value, as set forthin the instrument. |
| (iii) Gift of immovable property. | The value of the property as set forth in the instrument. |
| (iv) Mortgage with possession of immovable property. | The amount security by the mortgage as set forth in theinstrument. |
| (v) Lease in perpetuity of immovable property. | The amount equal to one sixth of the whole amount or value ofthe rent which would be paid or delivered in respect of thefirst fifty years of the lease as set forth in the instrument. |
94. Provisions applicable on the introduction of transfer duty.
- On the introduction of the duty on transfers of property-95. Tax on building applications.
96. Imposition of other taxes.
97. Supplementary taxation.
- Whenever the Council decides to have recourse to supplementary taxation under sub-section (2) of section 57 in any year, it shall do so by increasing from such date as the Council may determine, the rates at which any tax leviable under this Act is being levied, but every such increase shall be made subject to the maximum rate and any other limitation specified in respect of such tax.Payment and recovery of taxes98. Time and manner of payment of taxes.
Save as otherwise provided in this Act, any tax levied under this Act shall be payable on such dates, in such number of instalments and in such manner as may be determined by bye-laws made in this behalf.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.
- Instead of proceeding against a defaulter by distress and sale as hereinbefore provided, or after a defaulter has been so proceeded against unsuccessfully or with partial success, any sum due or the balance of any sum due, as the case may be, from such defaulter on account of a tax may be recovered from him by a suit in any court of competent jurisdiction.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.
109. Demolition, etc, of buildings.
- If any building is wholly or partly demolished or destroyed or otherwise deprived of value, the Chairperson may, on the application in writing of the owner or occupier, remit or refund such portion of any tax assessed on the rateable value thereof as he thinks fit.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.
- No remission or refund under section 110 or section 111 shall be made unless notice in writing of the fact that land, building or tenement has become vacant and unproductive of rent has been given to the Chairperson, and no remission or refund shall take effect in respect of any period commencing more than fifteen days before delivery of such notice.113. What buildings are to be deemed vacant.
114. Notice to be given of every occupation of vacant land or building.
- The owner of any land, building or tenement in respect of which a remission or refund of tax has been given under section 110 or section 111, shall give notice of the re-occupation of such land, building or tenement within fifteen days of such re-occupation.Appeals115. Appeal against assessment, etc
116. Conditions of right to appeal.
- No appeal shall be heard or determined under section 115 unless-117. Condonation of delay in preferring the appeal.
- Notwithstanding anything contained in clause (a) of section 116, an appeal may be admitted after the expiration of the period prescribed therefor by that section if the appellant satisfies the court that he had sufficient cause for not preferring the appeal within the period.118. Finality of appellate orders.
- The order of the Court confirming, setting aside or modifying an order in respect of any rateable value or assessment or liability to assessment or taxation shall be final:Provided that it shall be lawful for the Court upon application or on its own motion, to review any order passed by it in appeal within three months from the date of the order. Miscellaneous provisions relating to taxation119. Power to inspect for purposes of determining rateable value or tax.
120. Composition.
121. Irrecoverable debts.
122. Obligation to disclose liability.
123. Immaterial error not to affect liability.
- No assessment and no charge or demand on account of any tax shall be impeached or affected by reason only of any mistake in the name, residence, place of business or occupation of any person liable to pay the tax or in the description of any property or thing, or of any mistake in the amount of the assessment, charge or demand, or by reason only of clerical error or other defect of form, if the directions contained in this Act and the bye-laws made thereunder have in substance and effect been complied with and it shall be enough in the case of any such tax on property or any assessment of value for the purpose of any such tax, if the property taxed or assessed is so described as to be generally known; and it shall not be necessary to name the owner or occupier thereof.124. General power of exemption.
- The Council may, by resolution passed in this behalf, exempt either wholly or in part from the payment of any tax levied under this Act, any class of persons or any class of property or goods.Taxes on entertainment and betting125. Payment of proceeds of entertainment and betting taxes to Council.
- The proceeds of the entertainment and betting taxes collected in New Delhi under the provisions of the U. P. Entertainment and Betting Tax Act, 1937 (U. P. Act 18 of 1937 ), as extended to the National Capital Territory of Delhi (which shall form part of the Consolidated Fund of the National Capital Territory of Delhi) reduced by the cost of collection as determined by the Government shall, if the Legislative Assembly of the National Capital Territory of Delhi by appropriation made by law in this behalf so provides, be paid to the Council for the performance of its functions under this Act.Chapter IX
Borrowing
126. Power of Council to borrow.
127. Time for repayment of money borrowed under section 126.
- The time for the repayment of any money borrowed under section 126 shall in no case exceed sixty years and the time for repayment of any money borrowed for the purpose of discharging any previous loan shall not, except with the express sanction of Central Government, extend beyond the unexpired portion of the period for which such previous loan was sanctioned.128. Form and effect of debenture.
- All debentures issued under this Chapter shall be in such form as the Council may, with the previous sanction of the Central Government, determine and shall be transferable in such manner as shall be therein expressed; and the right to sue in respect of the moneys secured by any of such debentures shall vest in the holders thereof for the time being without any preference by reason of some such debentures being prior in date to others.129. Payment to survivors of joint payees.
- When any debenture or security issued under this Act is payable to two or more persons jointly, and either or any of them dies, then, notwithstanding anything in section 45 of the Indian Contract Act, 1872 (9 of 1872 ), the debenture or security shall be payable to the survivor or survivors of such person: Provided that nothing in this section shall affect any claim by legal representative of a deceased person against such survivor or survivors.130. Receipt by joint holders for interest or dividend.
- When two or more persons are joint holders of any debenture or security issued under this Act, any one of such persons may give an effectual receipt for any interest or dividend payable in respect of such debenture or security, unless notice to the contrary has been given to the Council by the other of such persons.131. Maintenance and investment of sinking funds.
132. Application of sinking funds.
- A sinking fund or any part thereof shall be applied in or towards the discharge of the loan or a part of the loan for which such fund was created, and until such loan or part is wholly discharged shall not be applied for any other purpose: Provided that when any loan or part thereof has been consolidated under section 134, the Chairperson shall transfer to the sinking fund of the consolidated loan such part of the sinking funds of the original loans as may be proportionate to the amount of the original loans incorporated in the consolidated loan.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.
- The Council may make regulations to carry out the purposes of this Chapter including, in particular, the issue of duplicates in case of loss of debentures by theft, destruction or otherwise, and renewal of debentures on payment of fees prescribed in this behalf by such regulations.Chapter X
Property And Contracts
Property137. Acquisition of property.
- The Council shall, for the purpose of this Act, have power to acquire and hold movable and immovable property, or any interest therein.138. Acquisition of immovable property by agreement.
Whenever the Council decides to acquire any immovable property for the purpose of this Act, the Chairperson shall acquire such property on behalf of the Council by agreement on such terms and at such price as may be approved by the Council.139. Procedure when immovable property cannot be acquired by agreement.
- Whenever the Chairperson is unable to acquire any immovable property under section 138 by agreement, the Central Government may at the request of the Chairperson procure the acquisition thereof under the provisions of the Land Acquisition Act, 1894 (1 of 1894 ) and on payment by the Council of the compensation awarded under that Act and of the charges incurred by that Government in connection with the proceedings, the land shall vest in the Council.140. Disposal of movable property.
141. Disposal of immovable property.
142. Contracts by the Council.
- Subject to the provisions of sections 143 and 144 the Council shall be competent to enter into and perform any contract necessary for the purposes of this Act.143. Procedure for making contracts.
- With respect to the making of contracts, the following provisions shall have effect, namely: -144. Mode of executing contracts.
Chapter XI
Water Supply, Drainage And Sewage Collection
General145. Definitions.
- In this Chapter, unless the context otherwise requires, the following words and expressions in relation to water supply shall have the respective meanings given below, namely:-146. Council may carry out surveys and formulate proposals.
147. Functions in relation to water supplies.
148. Water supplied for domestic purposes not to be used for non-domestic purposes.
- No person shall, without the written permission of the Chairperson, use or allow to be used for other than domestic purposes water supplied for domestic purposes.149. Supply of water for domestic purposes not to include any supply for certain specified purposes.
- The supply of water for domestic purposes under this Act shall not be deemed to include any supply-150. Power to supply water for non-domestic purposes.
151. Use of water for extinguishing fire.
- Water may be used for extinguishing fire.152. Power to require water supply to be taken.
153. New premises not to be occupied without arrangement for water supply.
- It shall not be lawful for the owner of any premises which may be newly constructed or reconstructed within any portion of New Delhi to occupy it or cause or permit it to be occupied until he has obtained a certificate from the Chairperson that there is provided within, or within a reasonable distance of, the premises such supply of wholesome water as appears to the Chairperson to be adequate for the persons who may occupy, or be employed in, such premises for their domestic purposes.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.
Whenever water is supplied under this Chapter through a meter it shall be presumed that the quantity indicated by the meter has been consumed until the contrary is proved.164. Prohibition of waste or misuse of water.
165. Power to enter premises to detect waste or misuse of water.
- The Chairperson or any municipal officer authorised by the Chairperson in writing may, between sunrise and sunset, enter any premises supplied with water by the Council in order to examine if there be any waste or misuse of such water and the Chairperson or such officer shall not be refused admittance to the premises nor shall be obstructed by any person in making his examination.166. Power to test water fittings.
- The Chairperson may test any water fitting used in connection with water supplied by the Council.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. - (1) No water pipes shall be laid in a drain or on the surface of an open channel or house gully or within six meters of a cesspool or in any position where the pipe is likely to be injured or the water therein polluted; and no well or tank and except with the consent of the Chairperson, no cistern shall be constructed within six meters of a latrine, or cesspool.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.
- If any offence relating to water supply is committed under this Act on any premises connected with the municipal water works, the owner, the person primarily liable for the payment of property tax and occupiers of the said premises shall be jointly and severally liable for such offence.Drainage and sewerage171. 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 and rained 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.
- Where a drain connecting any premises with a municipal drain is sufficient for the effectual drainage of such premises and is otherwise un-objectionable but is not in the opinion of the Chairperson, adapted to the general system of drainage in New Delhi, he may, by written notice addressed to the owner of the premises, direct-179. Use of drain by a person other than the owner.
180. Sewage and rain water drains to be distinct.
- Whenever it is provided in this Chapter that steps shall or may be taken for the effectual drainage of any premises, it shall be competent to the Chairperson to require that there shall be one drain for filth and polluted water and an entirely distinct drain for rain water and unpolluted sub-soil water or both rain water and unpolluted sub-soil water, each emptying into separate municipal drains or other suitable places.181. Power of Chairperson to require own to carry out certain works for satisfactory drainage.
- For the purpose of efficient drainage of any premises, the Chairperson may, by notice in writing-182. Appointment of places for the emptying of drains and collection of sewage.
- The Chairperson may cause any or all of the municipal drains to empty into, and all sewage to be collected of at, such place or places as he considers suitable:Provided that no place which has not been before the commencement of this Act used for any of the purposes specified in this section shall, after such commencement be used therefor without the approval of the Council:Provided further that on and after such date as may be appointed by the Central Government in this behalf no sewage shall be discharged into any water course until it has been so treated as not to affect prejudicially the purity and quality of the water into which it is discharged.Miscellaneous183. Connection with water works and drains not to be made without permission.
- Without the written permission of the Chairperson, no person shall, for any purpose whatsoever, at any time make or cause to be made any connection or communication with any drain referred to in section 172 or any water works, constructed or maintained by, or vested in, the Council.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.
- If the Council places or carries any pipe or drain or does any other work connected with the water supply or drainage across any railway line, it may, with the sanction of the Central Government and at the cost of the New Delhi Municipal Fund, require the railway administration to raise or lower the level thereof.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.
- For the purpose of ventilating any drain or cesspool, whether vested in Council or not, the Chairperson may, in accordance with bye-laws made in this behalf, erect upon any premises or affix to the outside of any building or to any tree any such shaft or pipe as may appear to him to be necessary.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 repairs, etc.
- The Central Government may for reason to be recorded, direct that any specified work, repair, renewal or replacement which is to be undertaken by or for the Council under this Chapter, shall be carried out on behalf of the Council by the Central Government and the Council shall pay the charges therefor at the rates and subject to the terms for the time being applicable in the case of works constructed by that Government on behalf of a local authority.193. Work to be done by licensed plumber.
194. Prohibition of certain acts.
Chapter XII
Electricity Supply
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.
- Subject to the provision of this Act the Council shall in respect of the New Delhi areas under its jurisdiction have all the powers and obligations of a licensee under the Electricity Act, 1910, and this Chapter shall be deemed to be the licence of the Council for the purposes of that Act:Provided that nothing in sections 3 to 12 of, or in clauses I to IX of the Schedule to, that Act relating to the duties and obligations of a licensee shall apply to the Council.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.
- Subject to the provisions of any law for the time being in force, charges shall be leviable for the supply of electricity by the Council at such rates as may, from time to time, be fixed by the Council.201. Bulk receipt of electricity by the Council.
Chapter XIII
Streets
Construction, maintenance and improvement of streets202. 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.
- Whenever any public street or a part thereof is permanently closed under sub-section (2) of section 203 the site of such street or of the portion thereof may be disposed of as land vesting in the Council.205. Power to make new public streets.
- The Chairperson may at any time with the previous sanction of the Council,-206. Minimum width of new public streets.
- The Chairperson shall, from time to time, with the sanction of council, specify the minimum width of different classes of new public streets according to the nature of the traffic likely to be carried thereon, and the streets with which they join at one or both ends, the localities in which they are situated, the heights up to which buildings abutting thereon may be erected and other similar considerations.207. Power to prohibit or regulate use of public streets for certain kind of traffic.
208. Power to acquire lands 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.
- If any land, whether open or enclosed, not vesting in the Council and not occupied by any building is within the regular line of a public street or if a platform, verandah, step, compound wall, hedge or fence or some other structure external to a building abutting on a public street or a portion of such platform, verandah, step, compound wall, hedge, fence or other structure is within the regular line of such street, the Chairperson may, after giving to the owner of the land or building not less than seven clear days' notice of his intention so to do, take possession on behalf of the Council of the said land with its enclosing wall, hedge or fence, if any, or of the said platform, verandah, step, compound wall, hedge, fence or other structure or of any portion thereof which is within the regular line of the public street and, if necessary, clear the same and the land so acquired shall thereupon be deemed to be a part of the public street and shall vest in the Council:Provided that where the land or building is vested in the Union or a State the Chairperson shall not take possession thereof without the previous sanction of the Central Government.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.
- The Chairperson may, upon such terms as he thinks fit, allow any building to be set forward for the purpose of improving the regular line of a public street and may, with the approval of the Council, by notice require any building to be set forward in the case of reconstruction thereof or of a new construction.Explanation. - For the purpose of this section a wall separating any premises from a public street shall be deemed to be a building, and it shall be deemed a sufficient compliance with permission or requisition to set forward a building to the regular line of a street if a wall of such material and dimensions as are approved by the Chairperson is erected along the said line.215. Compensation to be paid in certain cases of setting back or setting forward of buildings, etc.
216. Owner' s obligation when dealing with land as building sites.
- If the owner of any land utilises, sells, leases out or otherwise disposes of such land for the construction of buildings thereon he shall lay down and make a street or streets giving access to the plots into which the land may be divided and connecting with an existing public or private street.217. Lay-out plans.
218. Alteration 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.
- If any street has been levelled, paved, metalled, flagged, channelled, sewered, drained, conserved and lighted under the provisions of section 219, the Chairperson may, and on the requisition of a majority of the owners referred to in sub-section (1) of that section shall, declare such a street to be a public street and thereupon the street shall vest in the Council.Encroachments on streets221. 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.
- The Chairperson may at any time by notice require the owner of any premises on the ground floor of which any door, gate, bar, or window opens outwards upon a street or upon any land required for the improvement of a street in such manner, as in the opinion of the Chairperson, to obstruct the safe or convenient passage of the public along such street, to have the said door, gate, bar or window altered so as not to open outwards.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.
- The Chairperson may, without notice, cause to be removed-227. Prohibition of the tethering of animals and milking of cattle.
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.
- (2) No person other than the Chairperson or a municipal officer or other municipal employee shall, without the written permission of the Chairperson-(a)open, break up, displace, take up or make any alteration in, or cause any injury to the soil or pavement or any wall, fence, post, chain or other materials or thing forming part of any street; or(b)deposit any building materials in any street; or(c)set up in any street any scaffold or any temporary erection for the purpose of any work whatever, or any posts, bars, rails, boards or other things by way of an enclosure, for the purpose of making mortar or depositing bricks, lime, rubbish or other materials.230. Disposal of things removed under this Chapter.
231. Naming and numbering of streets.
232. Chairperson to take steps for repairing or enclosing dangerous places.
233. Measures for lighting.
- The Chairperson shall-234. Prohibition of removal, etc., of lamps.
Chapter XIV
Building Regulations
235. General superintendence, etc., of the Central Government.
- Notwithstanding anything contained in any other provision of this Act, the Chairperson shall exercise his powers and discharge his functions under this Chapter, under the general superintendence, direction and control of the Central Government.236. Definition.
- In this Chapter, unless the context otherwise requires, the expression" to erect a building" means-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.
If at any time after the sanction of any building or work has been accorded, the Chairperson is satisfied that such sanction was accorded in consequence of any material misrepresentation or fraudulent statement contained in the notice given or information furnished under sections 238, 239 and 240, he may by order in writing cancel for reasons to be recorded such sanction and any building or work commenced, erected or done shall be deemed to have been commenced, erected or done without such sanction:Provided that before making any such order the Chairperson shall give reasonable opportunity to the person affected as to why such order should not be made.244. Buildings at corners of streets.
- The Chairperson may require any building intended to be erected at the corner of two streets to be rounded off or splayed or cut off to such height and to such extent as he may determine, and may acquire such portion of the site at the corner as he may consider necessary for public convenience or amenity.245. Provisions as to buildings and works on either side of new streets.
246. Period for completion of building or work.
- The Chairperson, when sanctioning the erection of a building or execution of a work, shall specify a reasonable period after the commencement of the building or work within which the building or work is to be completed and if the building or work is not completed within the period so specified, it shall not be continued thereafter without fresh sanction obtained in the manner hereinbefore provided, unless the Chairperson on application made therefor has allowed an extension of that period.247. Order of demolition and stoppage of buildings or works in certain cases and appeal.
248. Order of stoppage of buildings or works in certain cases.
249. Power of Chairperson to require alteration of work.
250. Power to seal unauthorised constructions.
251. Completion certificates.
252. Restrictions on uses of buildings.
- No person shall, without the written permission of the Chairperson, or otherwise than in conformity with the conditions, if any, of such permission-253. Appellate Tribunal.
254. Appeals against certain orders or notices issued under the Act.
255. Procedure of the Appellate Tribunal.
- The Appellate Tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or annulling the order or notice appealed against or may refer the case back to the authority or officer against whose order or notice the appeal is filed, for a fresh order or notice, after taking additional evidence, if necessary, or such other action as the Appellate Tribunal may specify.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 XV
Sanitation And Public Health
Conservancy and sanitation261. Provision for daily cleansing of streets and removal of rubbish and filth.
262. Rubbish, etc., to be the property of the Council.
- All matters deposited in public receptacles, depots and places provided or appointed under section 263 and all matters collected by municipal employees or contractors in pursuance of section 261 and section 265 shall 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.
- It shall be the duty of the owners and occupiers of all premises-265. Collection and removal of filth and polluted matter.
266. Removal of rubbish, etc. accumulated on premises used as factories, workshop, etc..
- The Chairperson may, if he thinks fit,-267. Prohibition against accumulation of rubbish, etc.
268. Prohibition in respect of air pollutant.
- No owner or occupier of any permises shall allow or cause to be allowed any air pollutant above the standards, laid down under clause (g) of sub-section (1) of section 17 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981 ).269. Chairperson' s power to get premises scavenged and cleansed.
- If any premises are not properly and regularly scavenged or cleansed or are in a filthy and unwholesome condition, the Chairperson may cause them to be scavenged and cleansed and recover the expenses from the owner or, as the case may be, occupier as an arrear of tax under this Act.270. Public latrines, urinals, etc.
271. Construction of latrines and urinals.
272. Latrines and urinals, etc., in new buildings.
273. Latrines and urinals for labourers, etc.
- Every person employing workmen, labourers or other persons exceeding twenty in number shall provide and maintain for the separate use of persons of each sex so employed, latrines and urinals of such description and number as the Chairperson may by notice require and within such time as may be fixed in the notice and shall keep the same in clean and proper order.274. Provision of latrines and urinals for markets, etc.
- The Chair person may by notice require any owner or manager of a market, cart stand, cattle shed, theatre, railway station and other places of public resort within such time as may be specified in such notice to provide and maintain for the separate use of persons of each sex, latrines and urinals of such description and number and in such position as may be specified and to keep the same in clean and proper order.275. Other provisions as to private latrines.
- The Chairperson may, by written notice-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.
- If a notice under section 277 requiring the owner of the building to execute works of improvement is not complied with, then after the expiration of the time specified in the notice the Chairperson may himself do or cause to be done the works required to be done by the notice and recover the expenses incurred in connection therewith as an arrear of tax under this Act.279. Power of Chairperson to order demolition of buildings unfit for human habitation.
280. Insanitary huts and sheds.
- Where the Chairperson upon any information in his possession is satisfied that any hut or shed used as a dwelling house or as a stable or for any other purpose, is likely, by reason of its being constructed without a plinth or upon a plinth of insufficient height or without proper means of drainage or on account of the impracticability of scavenging and cleansing it or owing to the manner in which it and other huts or sheds are crowded together, to cause risk of disease to the inmates thereof or to the inhabitants of the neighbourhood, or is for any reason likely to endanger public health or safety, he may by notice in writing require the owner or occupier of the hut or shed or the owner or occupier of the land on which the hut or shed stands to remove or alter the hut or shed or carry out such improvement thereof as the Chairperson may deem necessary within such time as may be specified in the notice.Regulation of washing by washermen281. Prohibition against washing by washerman.
282. Obligation to give information of dangerous disease.
- Any person being in charge of, or in attendance, whether as a medical practitioner or otherwise, upon any person whom he knows or has reason to believe to be suffering from a dangerous disease, or being the owner, lessee, or occupier of any building in which he knows that any such person is so suffering shall forthwith give information respecting the existence of such disease to the officer specified by the Chairperson for the said purpose.283. Removal to hospital of patients, suffering from dangerous disease.
284. Disinfection of buildings and articles.
- Where the Chairperson is of opinion that the cleansing and disinfection of any building or part of a building or of any articles in such building or part which are likely to retain infection, or the renewal of flooring of any building or part of such building, and the renewal of plastering of the walls thereof, would tend to prevent or check the spread of any dangerous disease; he may, by notice in writing, require the owner or occupier to cleanse and disinfect the said building, part or articles, as the case may be, or to renew the said flooring and if necessary, the said plastering also within such time as may be specified in the notice:Provided that where in the opinion of the Chairperson the owner or occupier is from poverty or any other cause unable effectually to carry out any such requisition, the Chairperson may at the expense of the New Delhi Municipal Fund cleanse and disinfect the building, part or articles, or, as the case may be, renew the flooring and if necessary, the plastering also.285. Destruction of infectious huts or sheds.
286. Means of disinfection.
287. Special measures in case of out-break 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.
- Notwithstanding anything contained in any law for the time being in force no owner, driver or person in charge of a public conveyance shall be bound to convey or to allow to be conveyed in such conveyance in or in the vicinity of New Delhi any person suffering from a dangerous disease or the corpse of any person who has died from such disease unless and until such person pays or tenders a sum sufficient to cover any loss and expense which would ordinarily be incurred in disinfecting the conveyance.291. Disinfection of buildings before letting the same.
292. Disposal of infected articles without disinfection.
- No person shall, without previous disinfection of the same, give, lend, sell, transmit or otherwise dispose of to another person any article or thing which he knows or has reason to believe has been exposed to contamination by any dangerous disease and is likely to be used in or taken into New Delhi or any part thereof.293. Prohibition of making or selling of food, etc, or washing of clothes by infected persons.
- No person while suffering from, or in circumstances in which he is likely to spread, any dangerous disease, shall-294. Power to restrict or prohibit sale of food or drink.
- When New Delhi or any part thereof is visited or threatened by an outbreak of any dangerous disease the Chairperson may, by public notice, restrict in such manner or prohibit for such period as may be specified in the notice, the sale or preparation of any article of food or drink for human consumption specified in the notice or the sale of any flesh of any description of animal so specified.295. Control over wells and tanks, etc.
296. Duty of persons suffering from dangerous disease.
- No person shall-297. Disposal of infectious corpses where any person has died from any dangerous disease.
- Where any person has died from any dangerous disease the Chairperson may, by notice in writing,-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.
- No sweeper, being employed for doing house scavenging of any building shall discontinue to do such house scavenging without reasonable cause or without having fourteen days' notice to his employer.Burning and burial grounds300. Power to call for information regarding burning and burial grounds.
- The Chairperson may, by notice in writing, require the owner or person in charge of any burning or burial ground to supply such information as may be specified in the notice concerning the condition, management or position of such ground.301. Permission for use of new burning or burial ground.
302. Power to require closing of burning and burial grounds.
303. Removal of corpses.
- The Chairperson may by public notice prescribe routes by which alone corpses may be removed to burning or burial ground. Disposal of dead animals304. Disposal of dead animals.
- Whenever any animal in the charge of any person dies, the person in charge thereof shall within twenty-four hours either-Chapter XVI
Vital Statistics
305. Appointment of Chief Registrar, etc.
306. Duties of registrar.
- The registrar shall keep himself informed of every birth or death occurring within the area under his charge and shall ascertain and register as soon as conveniently may be after the event, and without fee or reward such particulars in respect of every birth or death as may be prescribed by bye-laws made in this behalf.307. Information of births and deaths.
Chapter XVII
Public Safety And Suppression Of Nuisances
Nuisances308. Prohibition of nuisances.
309. Power of Chairperson to require removal or abatement of nuisance.
- Where the Chairperson is of opinion that there is a nuisance on any land or building, he may, by notice in writing, require the person by whose act, default or sufferance the nuisance arises or continues or the power, lessee or occupier of the land or building, or any or more or these persons, to remove or abate the nuisance by taking such measures in such manner and within such period as may be specified in the notice.Dogs310. Registration and control of dogs.
311. Stacking or collecting inflammable materials.
- The Chairperson may, by public notice, prohibit in any case where such prohibition appears to him to be necessary for the prevention of danger to life or property, the stacking or collecting of wood, dry grass, straw or other inflammable materials, or the placing of mats or thatched huts or the lighting of fires in any place which may be specified in the notice.312. Care of naked lights.
No person shall set a naked light on or near any building in any public street or other public place in such manner as to cause danger of fire:Provided that nothing in this section shall be deemed to prohibit the use of lights for the purposes of illumination on the occasion of a festival or public or private entertainment.313. Discharging fireworks, fire-arms, etc.
- No one shall discharge any fire-arm or let off fire-works or fire-balloons, or engage in any game in such manner as to cause or to be likely to cause danger to persons passing by or dwelling or working in the neighbourhood or risk of injury to property.314. Power to require buildings, wells, etc., to be rendered safe.
- Where any building, or wall, or anything affixed thereto, or any well, tank, reservoir, pool, depression, or excavation, or any bank or tree, is in the opinion of the Chairperson, in a ruinous state, for want of sufficient repairs, protection or enclosure, a nuisance or dangerous to persons passing by or dwelling or working in the neighbourhood, the Chairperson may by notice in writing require the owner or part-owner or person claiming to be the owner or part-owner thereof or failing any of them the occupier thereof to remove the same or may require him to repair, protect or enclose the same in such manner as he thinks necessary; and if the danger is, in the opinion of the Chairperson, imminent, he shall forthwith take such steps as he thinks necessary to avert the same.315. Enclosure of waste land used for improper purpose.
- The Chairperson may, by notice in writing, require the owner or part-owner, or person claiming to be the owner or part-owner of any land or building, or the lessee, or the person claiming to be the lessee of any such land which, by reason of disuse or disputed ownership or other cause, has remained unoccupied and has become the resort of idle and disorderly persons or of persons who have no ostensible means of substance or cannot give a satisfactory account of themselves or is used for gaming or immoral purposes or otherwise occasions or is likely to occasion a nuisance, to secure and enclose the same within such time as may be specified in the notice.Chapter XVIII
Markets, Trades And Occupations
Maintenance and regulations of markets316. 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.
- No person knowing that market has been opened to the public without a licence having been obtained therefor when such licence is required by or under this Act or that the licence granted therefor is for the time being suspended or that it has been cancelled, shall sell or expose for sale any animal or article in such market.322. Prohibition of business and trade near a market.
323. Levy of stallages, rents and fees.
324. Power to expel disturbers, etc., from markets.
- The Chairperson may prevent the entry in any market and shall expel therefrom, any person suffering from any dangerous disease, who sells or exposes for sale therein any article or who, not having purchased the same handles any article exposed for sale therein; and he may expel therefrom any person who is creating a disturbance therein.325. Butcher' s fish-monger' s and poulter's licence.
326. Factory, etc., not to be established without permission of the Chairperson.
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.
No person shall, without or otherwise than in conformity with the terms of a licence granted by the Chairperson in this behalf,-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.
- No person shall, without or otherwise than in conformity with the terms of a licence granted by the Chairperson in this behalf, keep open any theatre, circus, cinema house, dancing hall or other similar place of public resort, recreation or amusement:Provided that nothing in this section shall apply to private performances in any such place.333. Power of Chairperson to stop use of premises used in contravention of licences.
- If the Chairperson is of opinion that any eating house, lodging house, hotel, boarding house, tea shop, coffee house, cafe, restaurant, refreshment room or other place where the public are admitted for repose or for consumption of any food or drink or where food is sold or prepared for sale or any theatre, circus, cinema house, dancing hall or similar other place of public resort, recreation or amusement is kept open without a licence or otherwise than in conformity with the terms of a licence granted in respect thereof, he may stop the use of any such premises for any such purpose for a specified period by such means as he may consider necessary.Chapter XIX
Improvement
334. Improvement scheme.
- Where the Chairperson upon information in his possession is satisfied as respects any area-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.
- The Chairperson while framing an improvement scheme under this Chapter for any area may also frame a scheme (hereafter in this Act referred to as the rehousing scheme) for the construction, maintenance and management of such area and so many buildings as he may consider necessary for providing accommodation for persons who are likely to be displaced by the execution of the improvement scheme.338. Improvement scheme and rehousing scheme to comply with the master plan and zonal development plan.
- No improvement scheme or rehousing scheme framed under this Chapter shall be valid unless such scheme is in conformity with the provisions of the master plan for Delhi or a zonal development plan for New Delhi or any part thereof.Chapter XX
Powers, Procedure, Offences And Penalties
Licences and written permissions339. Signature, conditions, duration, suspension, revocation, etc, of licences and written permissions.
340. Powers of entry and inspection.
- The Chairperson or any officer or other employee authorised in this behalf by him or empowered in this behalf by or under any provision of this Act, rules, regulations or bye-laws made thereunder, may enter into or upon any land or building with or without assistants and workmen-341. Power to enter land adjoining land in relation to any work.
342. Breaking into building.
343. Time of making entry.
Save as otherwise provided in this Act, rules, regulations or any bye-law made thereunder, no entry authorised by or under this Act shall be made except between the hours of sunrise and sunset.344. Consent ordinarily to be obtained.
- Save as otherwise provided in this Act, rules, regulations or any bye-law made thereunder, no land or building shall be entered without the consent of the occupier, or if there is no occupier, of the owner thereof and no such entry shall be made without giving the said owner or occupier, as the case may be, not less than twenty-four hours' written notice of the intention to make such entry:Provided that no such notice shall be necessary if the place to be inspected is a factory or workshop or trade premises or a place used for any of the purposes specified in section 327 or a stable for horses or a shed for cattle or a latrine or urinal or a work under construction, or for the purpose of ascertaining whether any animal intended for human consumption is slaughtered in that place in contravention of this Act or any bye-law made thereunder.345. Regard to be had to social or religious usages.
- When any place used as a human dwelling is entered under this Act, due regard shall be paid to the social and religious customs and usages of the occupants of the place entered, and no apartment in the actual occupancy of a female shall be entered or broken open until she has been informed that she is at liberty to withdraw and every reasonable facility has been afforded to her withdrawing.346. Prohibition of obstruction or molestation in execution of work.
- No person shall obstruct or molest any person authorised or empowered by or under this Act or any person with whom the Council has lawfully contracted, in the execution of his duty or of anything which he is authorised or empowered or required to do by virtue or in consequence of any of the provisions of this Act, rules, regulations or any bye-law made thereunder, or in fulfilment of his contract, as the case may be.Public notices and advertisements347. Public notices how to be made known.
- Every public notice given under this Act, rules, regulations or any bye-law made thereunder shall be in writing under the signature of the Chairperson or of any officer authorised in this behalf by him and shall be widely made known in the locality to be affected thereby, by affixing copies thereof in conspicuous public places within the said locality or by publishing the same by beat of drum or by advertisement in local newspapers or by any two or more of these means and by any other means that the Chairperson may think fit.348. Newspapers in which advertisements or notices to be published.
- Whenever it is provided by this Act or any bye-law made thereunder that notice shall be given by advertisement in local newspapers, or that a notification or information shall be published in local newspapers, such notice, notification or information shall be inserted, if practicable, in at least three newspapers in such languages as the Council may from time to time specify in this behalf:Provided that if the Council publishes a municipal journal, a publication in that journal shall be deemed to be a publication in a newspaper of the language in which the said journal may be published.Evidence349. Proof of consent, etc., of Chairperson.
- Whenever, under this Act or any rule, regulation or bye-law made thereunder, the doing of, or the omission to do, anything or the validity of anything depends upon the approval, sanction, consent, concurrence, declaration, opinion or satisfaction of the Chairperson or of any municipal officer, a written document signed by the Chairperson or officer purporting to convey or set forth such approval, sanction, consent, concurrence, declaration, opinion or satisfaction shall be sufficient evidence thereof.Notices, etc.350. Notices, etc., to fix reasonable time.
- Where any notice, bill, order or requisition issued or made under this Act or any rule, regulation or bye-law made thereunder requires anything to be done for the doing of which no time is fixed in this Act or the rule, regulation or bye-law, the notice bill, order or requisition shall specify a reasonable time for doing the same.351. Signature on notices, etc., may be stamped.
352. Notices, etc. by whom to be served or issued.
- All notices, bills, summons and other documents required by this Act or any rule, regulation or bye-law made thereunder to be served upon, or issued to, any person, shall be served or issued by Municipal officers or other Municipal employees or by other persons authorised by the Chairperson.353. Services of notices, etc.
354. Service of bills for tax or notice of demand by ordinary post.
- Notwithstanding anything contained in sections 352 and 353 a bill for any tax or a notice of demand may be served by sending it by ordinary post with a prepaid letter under a certificate of posting addressed to the appropriate person specified in section 353 at his last known place of residence or business and in proving the service of every bill or notice so sent it shall be sufficient to prove that the letter was properly addressed and posted under a certificate of posting.355. Powers in case of non-compliance with notice, etc.
- In the event of non-compliance with the terms of any notice, order or requisition issued to any person under this Act or any rule, regulation or bye-law made thereunder; requiring such person to execute any work or to do any act it shall be lawful for the authority or officer at whose instance the notice, order or requisition has been issued, whether or not the person in default is liable to punishment for such default or has been prosecuted or sentenced to any punishment therefor, after giving notice in writing to such person, to take such action or such steps as may be necessary for the completion of the act or the work required to be done or executed by such person and all the expenses incurred on such account shall be payable to the Chairperson on demand and if not paid within ten days after such demand, shall be recoverable as an arrear of tax under this Act.Recovery of expenses356. 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.
- Whenever the owner of any land or building fails to execute any work which he is required to execute under this Act, or any bye-law made thereunder, the occupier, if any, of such land or building may, with the approval of the Chairperson, execute the said work and he shall, subject to any contract, between the owner and occupier to the contrary, be entitled to recover from the owner the reasonable expenses incurred by him in the execution of the work and may deduct the amount thereof from the rent payable by him to the owner.358. Relief to agents and trustees.
359. General power to compensation.
- In any case not otherwise provided for in this Act or in any bye-law made thereunder, the Chairperson with the previous approval of the Council, may pay compensation to any person who sustains damage by reason of the exercise of any of the powers vested by this Act or any bye-law in the Chairperson or in any municipal officer or other municipal employee.360. Compensation to be paid by offenders for damage caused by them.
361. Reference to the court of the district judge in certain cases.
362. Application to the court of the district judge in other cases.
363. Mode of recovery of certain dues.
- In any case not expressly provided for in this Act or any bye-law made thereunder any sum due to the Council on account of any charge, costs, expenses, fees, rates or rent or on any other account under this Act or any such bye-law may be recoverable from any person from whom such is due as an arrear of tax under this Act: Provided that no proceedings for the recovery of any sum under this section shall be commenced after the expiry of three years from the date on which such sum becomes due.Obstruction of owner by occupier364. Right of owner to apply to the court of the district judge in case of obstruction by occupier.
365. General powers and procedure of the court of the district judge.
- The procedure provided in the Code of Civil Procedure, 1908 (5 of 1908 ), in regard to suits shall be followed, as far as it can be made applicable, in the disposal of applications, appeals or references that may be made to the court of the district judge of Delhi under this Act or any bye-law made thereunder.366. Fees in proceedings before the court of the district judge.
367. Repayment of half fees on settlement before hearing.
- Whenever any application, appeal or reference made under this Act or any bye-law made thereunder to the court of the district judge is settled by agreement between the parties before the hearing, half the amount of all fees paid up to that time shall be repaid by the court to the parties by whom the same have respectively been paid.368. Power of the court of the district judge to delegate certain powers and to make rules.
- The court of the district judge of Delhi may-369. Punishment for certain offences.
370. General penalty.
- Whoever, in any case in which a penalty is not expressly provided by this Act, fails to comply with any notice, order or requisition issued under any provision thereof, or otherwise contravenes any of the provisions of this Act, shall be punishable with fine which may extend to one hundred rupees, and in the case of a continuing failure or contravention, with an additional fine which may extend to twenty rupees for every day after the first during which he has persisted in the failure or contravention.371. Offences by companies.
372. Certain offences to be cognizable.
- The Code of Criminal Procedure, 1973 (2 of 1974 ) shall apply to,-(a)an offence under sub-section (5) of section 217 or section 237 or sub-section (1) of section 238 or sub-section (1) of section 239 or section 247 or section 248 or section 249 or section 252;(b)an offence under sub-section (1) of section 221 or sub-section (1) of section 224 or sub-section (1) of section 225 or sub-section (1) of section 229 or section 244 in relation to any street which is a public street, as if it were a cognizable offence-(i)for the purposes of investigation of such offence; and(ii)for the purposes of all matters other than-373. Prosecutions.
- Save as otherwise provided in this Act, no court shall proceed to the trial of any offence,-374. Composition of offences.
375. Municipal magistrates.
376. Cognizance of offences.
- All offences against this Act or any rule, regulation or bye-law made thereunder, whether committed within or without the limits of New Delhi, shall be cognizable by a municipal magistrate and such magistrate shall not be deemed to be incapable of taking cognizance of any such offence or of any offence under any enactment which is repealed by, or which ceases to have effect under this Act by reason only of his being liable to pay any municipal tax or rate or benefited out of the New Delhi Municipal Fund.377. Limitation of time for prosecution.
378. Power of magistrate to hear cases in absence of accused when summoned to appear.
- If any person summoned to appear before a magistrate to answer a charge of an offence against this Act or any rule, regulation or bye-law made thereunder fails to appear at the time and place mentioned in the summons, or on any date to which the hearing of the case is adjourned, the magistrate may hear and determine the case in his absence, if-379. Complaints concerning nuisances.
- The Chairperson or any municipal officer or other municipal employee authorised by him in this behalf or any person who resides or owns property in New Delhi, may complain to a municipal magistrate of the existence of any nuisance.380. Procedure to be followed by magistrate regarding complaints concerning nuisances.
381. Arrest of offenders.
382. Duties of police officers.
- It shall be the duty of all police officers, to give immediate information to the Chairperson of the commission of, or the attempt to commit any offence against this Act or any rule, regulation or bye-law made thereunder and to assist all municipal officers and other municipal employees in the exercise of their lawful authority.Legal proceedings383. Power to institute, etc, legal proceedings and obtain legal advice.
384. Protection of action of the Council, etc.
- No suit or prosecution shall be entertained in any court against the Council or against any municipal officer or other municipal employee or against any person acting under the order or direction of the Chairperson or any municipal officer or other municipal employee, for anything which is in good faith done or intended to be done, under this Act or any rule, regulation or bye-law made thereunder.385. Notice to be given of suits.
Chapter XXI
Rules, Regulations And Bye-Laws
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.
- The Central Government shall cause every regulation made under this Act and every bye-law made under section 388 to be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or bye-law or both Houses agree that the regulation or bye-law should not be made, the regulation or bye-law shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation or bye-law.390. Penalty for breaches of bye-laws.
391. Supplemental provisions respecting bye-laws.
392. Bye-laws to be available for inspection and purchase.
Chapter XXII
Control
393. Government to require production of documents.
- The Central Government may at any time require the Chairperson-394. Inspection.
- The Central Government may depute any person in the service of that Government to inspect or examine any municipal department or office or any service or work undertaken by the Council or any property belonging to the Council and to report thereon and the Council, the Chairperson and all municipal officers and other municipal employees shall be bound to afford the person so deputed access at all reasonable time to the premises and properties of the Council and to all records, accounts and other documents the inspection of which he may consider necessary to enable him to discharge his duties.395. Directions by Central Government.
- If, whether on receipt of a report or on receipt of any information or report obtained under section 393 or section 394 or otherwise, the Central Government is of opinion,-396. Power to provide for enforcement of direction under section 395.
- If, within the period fixed by a direction made under section 395, any action the taking of which has been directed under that section has not been duly taken, the Central Government may make arrangements for the taking of such action and may direct that all expenses connected therewith shall be defrayed out of the New Delhi Municipal Fund.397. Power of Central Government to give directions in relation to primary schools, etc.
398. Dissolution of the Council.
Chapter XXIII
Miscellaneous
399. Delegation of power by the Central Government.
- The Central Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act shall, subject to such conditions, if any, as may be specified in the notification be exercisable by the Government or any of its officers or by the Chairperson or any other authority.400. Power to delegate functions of Chairperson.
- The Chairperson may by order direct that any power conferred or any duty imposed on him by or under this Act shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercised and performed also by any municipal officer or other municipal employee specified in the order.401. Validity of notices and other documents.
- No notice, order, requisition, licence, permission in writing or any other document issued under this Act shall be invalid merely by reason of defect of form.402. Admissibility of document or entry as evidence.
- A copy of any receipt, application, plan, notice, order or other document or of any entry in a register in the possession of the Council or the Chairperson shall, if duly certified by the legal keeper thereof or other person authorised by the Chairperson in this behalf, be admissible in evidence of the existence of the document or entry, and shall be admitted as evidence of the matters and transactions therein recorded in every case where, and to the same extent to which, the original document or entry would, if produced, have been admissible to prove such matters and transactions.403. Evidence of Municipal officer or employee.
- No municipal officer or other municipal employee shall, in any legal proceedings to which the Council is not a party, be required to produce any register or document the contents of which can be proved under section 402 by a certified copy, or to appear as a witness to prove any matter or transaction recorded therein save by order of the court made for special cause.404. Prohibition against obstruction of any municipal authority.
- No person shall obstruct or molest the Council or the Chairperson or the Vice-Chairperson or any member or any person employed by the Council or any person with whom the Chairperson has entered into a contract on behalf of the Council in the performance of their duty or of anything which they are empowered or required to do by virtue or in consequence of any provision of this Act or of any rule, regulation or bye-law made thereunder.405. Prohibition against removal of mark.
- No person shall remove any mark set up for the purpose of indicating any level or direction incidental to the execution of any work authorised by this Act or of any rule or bye-law made thereunder.406. Prohibition against removal or obliteration of notice.
- No person shall, without authority in that behalf, remove, destroy, deface or otherwise obliterate any notice exhibited by or under orders of the Council or the Chairperson or any municipal officer or other municipal employee specified by the Chairperson in this behalf.407. Prohibition against unauthorised dealings with public place or materials.
- No person shall, without authority in that behalf, remove earth, sand or other material or deposit any matter or make any encroachment from, in or on any land vested in the Council or in any way obstruct the same.408. Liability of Chairperson, etc, for loss, waste or misapplication of New Delhi Municipal Fund or property.
409. Members and municipal officers and employees to be public servants.
- Every member, the Chairperson, and every municipal officer and other municipal employee shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, and in the definition of" legal remuneration" in section 161 of that Code the word" Government" shall, for the purpose of this section, be deemed to include the Council.410. Annual administration report.
411. Other laws not to be disregarded.
- Save as provided in this Act nothing contained in this Act shall be construed as authorising the disregard by the Council or the Chairperson or any municipal officer or other municipal employee of any laws for the time being in force.412. Exemption of diplomatic or consular missions from payment of tax, etc.
- The Central Government may, by order in the Official Gazette, exempt from the payment of any tax, rate, fee or other charge payable under the provisions of this Act, any diplomatic or consular mission of a foreign State or the High Commission of a Commonwealth country and any official of such mission or High Commission.413. Construction of references.
- After the establishment of the Council any reference in any enactment, rule, bye-law, order, scheme, notification or other instrument having the force of law, to New Delhi Municipal Committee shall, unless the context or subject otherwise requires, be construed as a reference to the Council.414. Council to undertake work on agency basis.
- Notwithstanding anything contained in any other provision of this Act, the Council may on such terms and conditions as may be determined by agreement between the Council and any other authority, body or person, carry out any work which is not connected with its functions on agency basis.415. Power to remove difficulties.
- If any difficulty arises in relation to the transition from the provisions of any of the laws repealed by this Act, or in giving effect to the provisions of this Act, the Central Government may, by order as occasion requires, do anything which appears to it to be necessary for the purpose of removing the difficulty:Provided that no such order shall be made after the expiration of two years from the date of establishment of the Council.416. Repeal and savings.
417. Expenditure in connection with the Council from the commencement of this Act to the adoption of the budget by the Council.
418. Transitory provision.
- Notwithstanding anything contained in the Act, the Central Government may, if necessary, appoint a person to be called the Special Officer, to exercise the powers and discharge the functions of the Council until the day on which the first meeting of the Council is held after the commencement of this Act.419. Repeal of Ordinance 8 of 1994.
| Maximum amount of tax per annum | |||
| For vehicles eith pneumatic tyres | For vehicles without pneumatic tyres | ||
| Rs. | Rs. | ||
| 1. Each four wheeled vehicle drawn by camels, horses, ponies,mules, donkeys bullocks or buffaloes - | |||
| (a) Labour carts | 12 | 24 | |
| (b) Other vehicles in this class | 32 | 48 | |
| 2. Each two wheeled vehicle drawn by camels, horses, ponies,mules, donkeys, bullocks or buffaloes- | |||
| (a) Labour carts | 8 | 16 | |
| (b) Other vehicles in this class | 16 | 24 | |
| 3. Each vehicle drawn or impelled otherwise than by camel,horses, ponies, mules, donkeys, buffaloes or machinery. | 8 | 12Maximum amount of tax per annum | |
| 4. Each cycle rickshaw | 6 | ||
| 5. Each bicycle | 3 | ||
| 6. Each Camels | 10 | ||
| 7. Each horse, pony or mule of a height of 12 hand or upwards | 20 | ||
| 8. Each horse, pony or mule of a height of less than 12 hands | 10 | ||
| 9. Each bullock or buffalo kept for draught or pack purposes | 8 | ||
| 10. Each donkey/ass kept for draught or pack purposes or forriding | 6 | ||
| 11. Each pig | 4 | ||
| 12. Each dog | 5 | ||
| 13. Each she-buffalo kept for milking | 50 | ||
| 14. Each cow kept for milking | 30 |
| Type ofentertainment | Maximum amount of tax |
| 1. Class I cinema theatre | Rs. 10 per show. |
| 2. Class II cinema theatre | Rs. 7 per show. |
| 3. Drama, concert, circus, variety entertainment or tamasha | Rs. 7 per show. |
| 4. Carnival or fete | Rs. 10 per day. |
| 5. Any other entertainment | Rs. 7 per show or if there are no separate shows Rs.7 perday. |
| Sl. No. | Particulars | Maximum amount of tax per annum |
| Rs. | ||
| 1. | Non-illuminated advertisements on land, building, wall,hoardings, frame post, structures, etc: - | |
| (a) For a space upto 10 sq. ft. | 18 | |
| (b) For a space over 10 sq. ft. and upto 25 sq. ft. | 30 | |
| (c) For every additional 25 sq. ft. or less | 30 | |
| 2. | Non-illuminated advertisements carried on vehicles, drawn bybullocks, horses or other animals, human beings, cycle or anyother device, carried on any vehicle or tramcar - | |
| (a) For space upto 50 sq. ft. | 120 | |
| (b) For every additional 50 sq. ft. or less | 120 | |
| 3. | Illuminated advertisement boards carried on vehicles - | |
| (a) For a space upto 50 sq. ft. | 240 | |
| (b) For every additional 50 sq. ft. or less | 240 | |
| 4. | Non-illuminated advertisement boards, carried by sandwichboardmen - | |
| (a) For each board not exceeding 10 sq.. ft. | 24 | |
| (b) For each board exceeding 10 sq. ft. and upto 35 sq. ft. | 48 | |
| (c) For each additional 10 sq. ft. in area or less | 24 | |
| 5. | Illuminated advertisements boards, carried by sandwichboardmen - | |
| (a) For each board not exceedings 10 sq. ft. | 48 | |
| (b) For each board exceeding 10 sq. ft. and upto 25 sq. ft. | 96 | |
| (c) For each additional 10 sq. ft. or less. | 48 | |
| 6. | Illuminated advertisements on land, building, wall orhoarding, frame, post, structures etc - | |
| (a) For a space over 2 sq. ft. | 24 | |
| (b) For a space over 2 sq. ft. and upto 5 sq. ft. | 48 | |
| (c) For a space over 5 sq. ft. and upto 25 sq. ft. | 60 | |
| (d) For every additional 25 sq. ft. or less. | 60 | |
| 7. | Advertisements exhibited on screen in cinema houses and otherpublic places by means of lantern slides or similar devices - | |
| (a) For a space upto 5 sq. ft. | 96 | |
| (b) For a space over 5 sq. ft. and upto 25 sq. ft. | 120 | |
| (c) For every additional 25 sq. ft. or less | 120 | |
| 8. | Non-Illuminated advertisements suspended across streets - | |
| (a) For a space upto 10 sq. ft. | 18 | |
| (b) For a space over 10 sq. ft. and upto 25 sq. ft. | 30 | |
| (c) For every additional 25 sq. ft. or less | 30 | |
| N.B. The tax for item 3 will be in addition to the space willbe chargeable according to the scale to be determined by theChairperson. | ||
| 9. | Non-Illuminated advertisements hoarding standing blank butbearing the name of the advertiser or with the announcement "Tobe let" displayed thereon | |
| (a) For a space upto 10 sq. ft. | 9 | |
| (b) For a space over 10 sq. ft. and upto 25 sq.ft. | 15 | |
| (c) For every additional 25 sq. ft. or less | 15 | |
| 10. | Permission to auctioneers to put up not more than two boardsor reasonable size advertising each auction sale, other thanthose in premises where the auction is held, one on a prominentsite in the locality and one on municipal lamp post. | 200 including therent for exhibiting the board on a municipal of lamp post. |
| S. No. | Area | For the first storey | For the second storey or any subsequent storey. |
| Rs. | Rs. per storey | ||
| 1. | For a ground area up to 100 sq. yds. | 20 | 40 |
| 2. | For a ground area of more than 100 sq. yds. but not exceeding250 sq. yds. | 60 | 120 |
| 3. | For a ground area of more than 250 sq. yds. but not exceeding500 sq. yds. | 150 | 300 |
| 4. | For a ground area of more than 500 sq. yds. but not exceeding1,000 sq. yds. | 300 | 600 |
| 5. | For a ground area of more than 1,000 sq. yds. | 600 | 1500 |
Part I
PURPOSES FOR WHICH PREMISES MAY NOT BE USED WITHOUT A LICENCECarrying out any of the following trades or operations connected with trades: -1. Baking
2. Cinematograph films, Shooting of -
3. Cinematograph films by any process whatsoever. Treating of -
4. Chillies or masala or corn or seeds. Grinding of by mechanical means -
5. Cloth, yarn or leather in indigo or in other colours. Dyeing or printing of-
6. Cloth or yarn Bleaching -
7. Eating house or a catering establishment. Keeping of an -
8. Grain. Parching-
9. Ground-nut-seeds, tamarind seeds or any other seeds. Parching -
10. Hair dressing saloon or a barber's shop, keeping of a -
11. Hides or skins, whether raw or dried. Tanning, pressing or packing -
12. Laundry shop. Keeping a -
13. Leather goods. Manufacturing of by mechanical means -
14. Litho press. Keeping a -
15. Lodging house. Keeping of a -
16. Metal. Casting -
17. Precious metals. Refining of or recovering of them from embroideries -
18. Printing press. Keeping a -
19. Sweetmeat shop except in premises already licensed as an eating house. Keeping -
20. Carrying on the trade or business of or any operation connected with the trade of -
21. Manufacturing, parching, packing, pressing, cleaning, cleansing, boiling, melting, grinding or preparing by any process whatever any of the following articles -
(i)Aerated waters.(ii)Bakelite goods.(iii)Bidis (indigenous cigarettes), snuff, cigars or cigarettes.(iv)Bitumen.(v)Blasting powder.(vi)Bones.(vii)Bricks or tiles by hand power.(viii)Bricks or tiles by mechanical power.(ix)Brushes.(x)Candles.(xi)Catgut.(xii)Celluloid or celluloid goods.(xiii)Cement concrete designs or models.(xiv)Charcoal.(xv)Chemicals.(xvi)Cinematograph films stripping in connection with any trade.(xvii)Cosmetics or toilet goods.(xviii)Cotton, cotton refuse, cotton waste, cotton yarn, silk, silk yarn, silk inclusive of waste yarn, art silk, art silk waste, art silk yarn, wool or woollen refuse or waste.(xix)Cotton seeds.(xx)Dammar.(xxi)Dynamite.(xxii)Fat.(xxiii)Fireworks.(xxiv)Flax.(xxv)Ink for printing, writing, stamping, etc(xxvi)Gas.(xxvii)Ghee.(xxviii)Glass or glass articles.(xxix)Gunpowder.(xxx)Hemp.(xxxi)Ice (including dry ice).(xxxii)Insecticide or disinfectants.(xxxiii)Leather cloth or rexine cloth or water proof cloth.(xxxiv)Lime.(xxxv)Linseed oil.(xxxvi)Matches for lighting (including Bengal matches).(xxxvii)mattresses and pillows.(xxxviii)Offal.(xxxix)Oil-cloth.(xl)Oil other than petroleum (either by mechanical power or by hand power or ghani driven by bullock or any other animal).(xli)Pharmaceutical or medical products.(xlii)Rubbers or rubber goods.(xliii)Paints.(xliv)Paper or cardboard.(xlv)Pickers from hides.(xlvi)Pitch.(xlvii)Plastic goods.(xlviii)Pottery by hand power.(xlix)Pottery by mechanical or any power other than hand power.Part II
ARTICLES WHICH MAY NOT BE STORED IN ANY PREMISES WITHOUT A LICENCE1. Asafoetida.
2. Ashses.
3. Bamboos.
4. Bidi leaves.
5. Blasting powder.
6. Blood.
7. Bones, bone meal or bone powder.
8. Champhor.
9. Carbide of calcium.
10. Cardboard.
11. Celluloid or celluloid goods.
12. Charcoal.
13. Chemicals, liquid.
14. Chemicals, non-liquid.
15. Chillies.
16. Chlorate mixture.
17. Cinematograph films-non-inflammable or accetate or safety base.
18. Cloth in pressed bales or boras.
19. Cloth or clothes of cotton, wool silk, art silk, etc
20. Coal.
21. Coconut fibre.
22. Coke.
23. Compound gas, such as oxygen gas, hydrogen gas, nitrogen gas, carbon dioxide gas, sulphur dioxide gas, chlorine gas, accetylene gas, etc
24. Copra.
25. Cotton including Kahok, surgical cotton and silky cotton.
26. Cotton refuse or waste or cotton yarn refuse or waste.
27. Cotton seed.
28. Detonators.
29. Dry leaves.
30. Dynamite.
31. Explosive paint such as nitro-cellulose paint, lacquer paint, enamel paint, etc
32. Fat.
33. Felt.
34. Fines.
35. Firewood.
36. Fireworks.
37. Fish (dried).
38. Flax.
39. Fulminate.
40. Fulminate of mercury.
41. Fulminate of silver.
42. Gelatine.
43. Gelignite.
44. Grass.
45. Gun-cotton.
46. Gunpowder.
47. Gunny Bags.
48. Hair.
49. Hay or fodder.
50. Hemp.
51. Hessian cloth (gunny-bag cloth).
52. Hides (dried).
53. Hides (raw).
54. Hoofs.
55. Horns.
56. Incense or esas.
57. Jute.
58. Khokas, boxes barrels, furniture or any other article of wood.
59. Lacquer.
60. Leather.
61. Matches for lighting (including Bengal matches).
62. Methylated spirit, denatured spirit or French polish.
63. Netro-cellulose.
64. Netro-compound.
65. Netro-glycerine.
66. Netro-mixture.
67. Offal.
68. Oil, other than petroleum.
69. Oilseeds including almonds, but excluding cotton seeds.
70. Old paper or waste paper including old newspaper, periodicals, magazines, etc
71. Packing stuff (paper cuttings, husk, saw dust, etc).
72. Paints.
73. Papery other than old paper in pressed bales or loose or in reams.
74. Petroleum, other than dangerous petroleum, as defined in the Petroleum Act, 1934.
75. Phosphorus.
76. Plastic or plastic goods.
77. Plywood.
78. Rags, including small peices or cuttings of cloth, hessian cloth, gunny-bag cloth, silk, art silk or woollen cloth.
79. Rosin or dammar Battar otherwise known as Ral.
80. Safety fuses, fog signals, cartridges, etc
81. Saltpetre.
82. Sandalwood.
83. Silk waste, or silk yarn waste, art silk waste, or art silk yarn waste.
84. Sisal fibre.
85. Skins (raw or dried).
86. Straw.
87. Sulphur.
88. Tallow.
89. Tar, pitch, dammar or bitumen.
90. Tarpauline.
91. Thinner.
92. Timber.
93. Turpentine.
94. Varnish.
95. Wool (raw).
96. Yarn other than waste yarn.
THE TENTH SCHEDULE[See section 369(1)]PENALTIESExplanation.- The entries in the second column of the following table headed "Subject" are not intended as definitions of the offences prescribed in the provisions mentioned in the first column or even as abstracts of those provisions, but are inserted merely as reference to the subject thereof: -TABLE| Section, sub-section, clause or proviso | Subject | Fine or imprisonment which may be imposed | Daily fine which may imposed |
| 1 | 2 | 3 | 4 |
| Rs. | Rs. | ||
| Section 74, sub-sections (1) and (2) | Failure to give notice of transfer or devolution of land orbuilding | 50 | ... |
| Section 74, sub-section (3) | Failure to produce instrument of transfer | 50 | ... |
| Section 75 | Failure to give notice of erection of new building, etc | 50 | ... |
| Section 76 | Failure to give notice of demolition or removal of building | 50 | ... |
| Section 77 | Failure to comply with requisition to furnish information,etc | 50 | ... |
| Section 81, sub-section (2) | Willful delay or obstruction of valuers | 50 | ... |
| Section 89 | Prohibition of advertisement without permission | 200 | 5 |
| Section 114 | Failure to give notice of vacant land or building | 50 | 5 |
| Section 119, sub-section (2) | Non-compliance with the requisition of attendance before theChairperson | 50 | ... |
| Section 122 | Failure to disclose liability | 100 | ... |
| Section 148 | Use for non-domestic purposes of water supplied for domesticpurposes | 100 | 5 |
| Section 152, sub-section (1) | Non-compliance with the requisition to take water supply | 200 | 20 |
| Section 153 | Prohibition to occupy new premises without arrangement forwater supply | 200 | 20 |
| Section 164 | Water or misuse of water | 50 | ... |
| Section 165 | Refusal of admittance, etc | 100 | ... |
| Section 168, sub-section (1) | Laying of water piper, etc, in a positionwhere pipes may beinjured or water therein polluted | 100 | 10 |
| Section 168, sub-section (2) | Construction of latrines, etc, in a position where pipes mayby injured or water therein polluted | 100 | ... |
| Section 173 | Injury to, or interference with, free flow of contents ofmunicipal drain or drains communicating with municipal drain | 50 | ... |
| Section 174, sub-section (2) | Private drain not to be connected with municipal drainwithout notice | 50 | ... |
| Section 175 | Non-compliance with requisition for drainage of undrainedpremises | 100 | 25 |
| Section 176 | Erection of new premises without drain | 1000 | ... |
| Section 177 | Non-compliance with requisition of maintenance of drainageworks for any group or block of premises | 50 | 5 |
| Section 178 | Non-compliance with directions to close or limit the use ofprivate drains in certain cases | 50 | 5 |
| Section 179 | Non-compliance with Chairperson's orders regarding the use ofa drain by a person other than the owner thereof | 50 | ... |
| Section 180 | Non-compliance with requisition for keeping sewage and rainwater drains distinct | 50 | ... |
| Section 181 | Non-compliance with requisition for the pavement ofcourtyard, etc | 50 | ... |
| Section 183 | Connection with municipal water works or drains withoutwritten permission | 200 | 50 |
| Section 186, sub-section (4) | Non-compliance with requisition to close, remove or divert apipe or drain | 50 | 5 |
| Section 193, sub-section (1) | Execution of work by a person other than a licensed plumber | 200 | ... |
| Section 193, sub-section (2) | Failure to furnish when required, name of licensed plumberemployed | 100 | ... |
| Section 193, sub-section (6) | Licensed plumbers not to demand more than the chargesprescribed | 100 | ... |
| Section 193, sub-section (8) | Licensed plumber not to contravene bye-laws or execute workcarelessly or negligently, etc | 100 | ... |
| Section 194 | Prohibition of wilful or neglectful acts relating to water orsewage works | 100 | ... |
| Section 209, sub-section (3) | Construction of building within the regular line of streetwithout permission | 1000 | 10 |
| Section 211 | Failure to comply with requisition to set back buildings toregular line of street | 200 | 50 |
| Section 214 | Failure to comply with requisition to set forward buildingsto regular line of street | 200 | 10 |
| Section 217, sub-section (5) | Utilising, selling or otherwise dealing with any land orlaying out a private street otherwise than in conformity withorder of the Council | Rigourous imprisonment which may extend to threeyears | ... |
| Section 218, sub-section (1) clauses (a) and (b) | Failure to comply with requisition to show cause foralteration of street or for appearance before the Chairperson | 50 | 5 |
| Section 219, sub-section (1) | Failure to comply with requisition on owner of private streetor owner of adjoining land or building to level, etc, suchstreet | 100 | 10 |
| Section 221, sub-section (1) | Prohibition of projections upon streets, etc | 200 | ... |
| Section 221, sub-section (2) | Failure to comply with requisition to remove projections fromstreets | 200 | ... |
| Section 222, sub-section (2) | Failure to comply with requisition to remove a verandah,balcony, etc, put up in accordance with section 22(1) | 200 | ... |
| Section 223 | Failure to comply with requisition to have ground floordoors, etc, so altered as not to open outwards | 50 | ... |
| Section 224, sub-section (1) | Erection, etc, of structures of fixtures which causeobstruction in streets | 200 | 10 |
| Section 225 | Deposit, etc, of things in streets | 100 | ... |
| Section 227, sub-sections (1) and (2) | Tethering of animals and milking of cattle in public streets | 100 | 5 |
| Section 228, sub-section (4) | Unlawful removal of bar or shorting timber, etc, or removalor extinction of light | 50 | ... |
| Section 229, sub-section (1) Streets not to be opened orbroken and building materials not to be deposited thereonwithout permission | 200 | 10 | |
| Section 231, sub-section (2) | Name of street and number of house not to be destroyed ordefaced, etc | 50 | ... |
| Section 232, sub-section (1) | Failure to comply with requisition to repair, protect orenclose a dangerous place | 100 | 25 |
| Section 234, sub-section (1) | Removal, etc, of lamps | 100 | ... |
| Section 234, sub-section (2) | Willfully and negligently extinguishing lights in publicstreets, etc | 50 | ... |
| Section 237, sub-section (1) | Erection of a building without the sanction of theChairperson | Simple imprisonment which may extend to six monthsor with fine which may extend to Rs. 5000 or with both | |
| Section 237, sub-section (2) | Use of inflammable materials without permission | 100 | ... |
| Section 238, sub-section (1) | Failure to give notice of intention to erect a building | Simple imprisonment which may extent to six monthsor with find which may extend to Rs. 5000 or with both | |
| Section 239, sub-section (1) | Failure to give notice of intention to make additions, etc,to buildings | Simple imprisonment which may extend to six monthsor with fine which may extend to Rs. 5000 or with both | |
| Section 242, sub-section (4) | Commencement of work without notice, etc | 10000 | 500 |
| Section 244 | Failure to comply with requisition to round off buildings atcorners of streets | 100 | 5 |
| Section 245, sub-section (1) | Erection of buildings on new streets without levelling | 1000 | ... |
| Section 245, sub-section (2) | Erection of buildings or execution of work within regularline of street or in contravention of any scheme or plan | 1000 | ... |
| Section 247 | Failure to demolish buildings erected without sanction orerection of buildings contravention of order | Simple imprisonment which may extend to six monthsor with fine which may extend to Rs. 5000 or with both | |
| Section 248 | Erection of buildings in contravention of conditions ofsanction, etc | Simple imprisonment which may extend to six monthsor with fine which may extend to Rs. 5000 or with both | |
| Section 249 | Failure to carry out alterations | Simple imprisonment which may extend to six monthsor with fine which may extend to Rs. 5000 or with both | |
| Section 251, sub-sections (1) and (2) | Non-compliance with provision as to completion certificates,occupation or use, etc, without permission | 200 | 10 |
| Section 252 | Non-compliance with restrictions on user of buildings | Simple imprisonment which may extend to six monthsor with fine which may extend to Rs. 5000 or with both | ... |
| Section 258,sub-section (1) and (2) | Failure to comply with requisition to remove structures whichare in ruins or likely to fall | 500 | 20 |
| Section 259, sub-section (1) | Failure to comply with requisition to vacate buildings indangerous conditions, etc | 200 | ... |
| Section 264 | Failure to provide for collection, removal and deposit ofrefuse and provision of receptacles | 50 | ... |
| Section 265, sub-section (1) | Failure to collect and remove filth and polluted matter | 50 | ... |
| Section 265, sub-section (3) | Scavenger's duties in certain cases not to be discharged byany person without permission | 25 | ... |
| Section 266 | Failure to comply with requisition for removal of rubbish,etc, from premises used as market, etc | 100 | ... |
| Section 267, sub-section (1) | Keeping rubbish and filth for more than twenty-four hours,etc | 50 | 10 |
| Section 267, sub-section (2) | Allowing filth to flow in streets | 50 | ... |
| Section 267, sub-section (3) | Depositing rubbish or filth, etc, in street, etc | 50 | ... |
| Section 271, sub-section (1) | Latrines and urinals not to be constructed without permissionor in contravention of terms prescribed | 200 | ... |
| Section 272, sub-section (1) | Failure to provide buildings newly erected or re-erected withlatrine, urinal and other accommodation | 500 | ... |
| Section 272, sub-section (3) | Failure to provide residential buildings composed of separatetenements with latrine, bathing or washing place for servants onthe ground floor | 500 | ... |
| Section 273 | Failure to provide latrines for premises used by large numberof people and to keep them clean and in proper order | 100 | 20 |
| Section 274 | Failure to comply with requisition to provide latrines formarket, cattle shed, cart stand, etc, and to keep them clean andin proper order | 100 | 20 |
| Section 275, clauses (a), (b), (c) and (d) | Failure to comply with requisition to enforce provision oflatrine or urinal accommodation, etc | 100 | 10 |
| Section 276, sub-section (2) | Failure to comply with requisition for removal of congestedbuildings | 1000 | ... |
| Section 277 | Failure to comply with requisition to improve buildings unfitfor human habitation | 1000 | ... |
| Section 279, sub-sections (1), (2), (3) and (4) | Failure to comply with order of demolition of buildings unfitfor human habitation | 1000 | ... |
| Section 280 | Failure to comply with requisition of the Chairperson toremove insanitary huts and sheds, etc | 100 | 15 |
| Section 281, sub-section (1) | prohibition against washing by washerman | 25 | ... |
| Section 282 | Failure to give information of dangerous disease | 100 | ... |
| Section 284 | Failure to comply with requisition to cleanse and disinfectbuildings or articles | 50 | ... |
| Section 285 | Failure to comply with requisition to destroy infectious hutsor sheds | 50 | ... |
| Section 286 | Washing of clothing, bedding, etc, at any place not notifiedby the Chairperson | 25 | ... |
| Section 288, | sub-section (1) | Sending infected clothes to washerman or laundry | 25 |
| Section 288, sub-section (2) | Failure to furnish address of washerman or laundry to whichclothes have been sent | 25 | ... |
| Section 289, sub-sections (1), (2) and (3) | Use of public conveyances by persons suffering from adangerous disease, etc | 50 | ... |
| Section 291 | Failure to disinfect buildings before letting the same | 100 | ... |
| Section 292 | Disposal of infected articles without disinfection | 50 | ... |
| Section 293 | Making or selling of food, etc, or washing of clothes byinfected persons | 50 | ... |
| Section 294 | Sale of food or drink in contravention of restriction orprohibition of Chairperson | 50 | ... |
| Section 295 | Removal or use of water from wells and tanks in contraventionof prohibition of Chairperson | 50 | ... |
| Section 296 | Exposure of persons to risk of infection by the presence orconduct of a person suffering from a dangerous disease, etc | 100 | ... |
| Section 297 | Removal of infectious corpses in contravention of theprovisions of the section | 50 | ... |
| Section 298, sub-section (1) and (2) | Absence of sweepers, etc, from duty without notice | Imprisonment which may extend do one month | ... |
| Section 299 | A sweeper employed for doing house scavenging not todiscontinue work without notice | 10 | ... |
| Section 300 | Failure to supply information by persons incharge of burningor burial grounds | 50 | ... |
| Section 301 | Use of new burning or burial ground without permission | 50 | ... |
| Section 302, sub-section (1) | Failure to copply with requisition to close a burning orburial ground | 50 | ... |
| Section 302, sub-section (2) | Burning or burial of corpses in a burning or burial groundafter it has been closed | 50 | ... |
| Section 303 | Removal of corpses by other than prescribed routes | 25 | ... |
| Section 304, clause (b) | Failure to give notice for removal of carcasses of deadanimals | 10 | ... |
| Section 307, sub-sections (1) and (2) | Failure to give information of births and deaths | 50 | ... |
| Section 308, sub-sections (1), (2) and (3) | Commission of nuisances | 50 | ... |
| Section 309 | Failure to comply with requisition for removal or abatementof nuisance | 500 | 25 |
| Section 310, sub-section (4) | Dogs not to be at large in a street without being secured bya chain lead | 50 | ... |
| Section 310, sub-section (5) | Ferocious dogs at large without being muzzled, etc | 100 | ... |
| Section 311 | Staking inflammable material in contravention of prohibition | 50 | ... |
| Section 312 | Setting a naked light | 50 | ... |
| Section 313 | Discharging fireworks, firearms, etc, likely to cause danger | 50 | ... |
| Section 314 | Failure to comply with requisition to render buildings,wells, etc, safe | 50 | ... |
| Section 315 | Failure to comply with requisition to enclose land use forimproper purposes | 50 | ... |
| Section 317, sub-section (1) | Sale in municipal markets without permission | 200 | ... |
| Section 318, sub-sections (1) and (2) | Use of places as private markets without a licence and useof places other than a municipal slaughter house as slaughterhouses | 500 | 25 |
| Section 318, sub-section (2) proviso (a) | Non-compliance with conditions imposed by Chairperson | 50 | ... |
| Section 320 | Keeping market open without licence, etc | 2000 | ... |
| Section 321 | Sale in unlicensed market | 50 | ... |
| Section 322 | Carrying on business or trade near a market | 50 | ... |
| Section 324 | Failure of person in charge of markets to expel lepers anddisturbers from the market | 50 | ... |
| Section 325 | Carrying on butcher's, fishmonger's or poluterer's tradewithout licence, etc | 100 | 10 |
| Section 326 | Establishment of factory, etc, without permission | 5000 | 50 |
| Section 327 | Certain things not to be kept and certain trades andoperations not to be carried on without a licence | 1000 | 100 |
| Section 328, sub-section (3) | Keeping, abandonment or tethering of animals, etc | 100 | ... |
| Section 329, sub-section (5) | Use of premises in contravention of declaration | 500 | ... |
| Section 330 | Hawking articles for sale without a licence, etc | 100 | ... |
| Section 331 | Keeping a lodging house, eating house, tea shop, etc, withoutlicence or contrary to licence | 100 | ... |
| Section 332 | Keeping open theatre, circus or other place of publicamusement without licence or contrary to terms of licence | 500 | 50 |
| Section 339, sub-section (5) | Failure to produce licence or written permission | 50 | 5 |
| Section 340 | Preventing the Chairperson or any person authorised in thisbehalf from exercising his powers of entry, etc | 50 | ... |
| Section 341 | Preventing the Chairperson or any person authorised in thisbehalf from exercising his powers of entry upon any adjoiningland | 50 | ... |
| Section 346 | Obstruction or molestation in execution of work | 200 | ... |
| Section 353, sub-section (4) | Failure to comply with requisition to state the name andaddress of owner of premises | 50 | ... |
| Section 364, sub-section (3) | Failure of occupier of land or building to afford ownerfacilities for complying with provision of the Act, etc, aftereight days from issue of order by district judge | 200 | 50 |
| Section 404 | Obstruction of Chairperson or a member, etc | 200 | ... |
| Section 405 | Removal of any mark set up for indicating level, etc | 100 | ... |
| Section 406 | Removal, etc, of notice exhibited by or under orders of theCouncil, Chairperson, etc | 50 | ... |
| Section 407 | Unlawful removal of earth, sand or other material or depositof any matter or making of any encroachment from any land vestedin the Council. | 50 | ... |