The New Delhi Municipal Council Act, 1994

• 1Short title, extent and commencement.
• 2Definitions.

Constitution of the Council

• 3Establishment of the Council.
• 4Composition of the Council.
• 5Duration of the Council.
• 6Disqualification for membership of the Council.

Members

• 7Oath or affirmation.
• 8Vacation of seat.

Committees of the Council

• 9Setting-up of committees.

• 10General powers of the Council.
• 11Obligatory functions of the Council.
• 12Discretionary functions of the Council.

• 13Appointment, etc., of the Chairperson.
• 14Leave of absence of Chairperson.
• 15Appointment of officiating Chairperson in case of death, resignation or removal of Chairperson.
• 16Salary and allowances of the Chairperson and members.
• 17Service regulations of members.
• 18Functions of the Chairperson.
• 19Chairperson not to be interested in any contract, etc., with the Council.
• 20Exercise of powers to be subject to sanction.

Transaction of business by the Council

• 21Meetings.
• 22First meeting of the Council.
• 23Notice of meetings and business.
• 24Quorum.
• 25Presiding Officer.
• 26Method of deciding questions.
• 27Members not to vote on matter in which they are interested.
• 28Right to attend meetings of Council and its committees, etc., and right of members to ask questions in relation to the municipal government of New Delhi.
• 29Keeping of minutes and proceedings.
• 30Circulation of minutes and inspection of minutes and reports of proceedings.
• 31Forwarding minutes and reports of proceedings to the Administrator.

Validation

• 32Validation of proceedings, etc.

• 33Appointment of certain officers.
• 34Schedule of permanent posts and creation of temporary posts.
• 35Restriction on employment of permanent officers and other employees.
• 36Power to make appointments.
• 37Officers and other employees not to undertake any extraneous work.
• 38Officers and other employees not to be interested in any contract, etc., with the Council.
• 39Punishment for municipal officers and other employees.
• 40Consultation with the Union Public Service Commission.
• 41Power of Commission to make regulations and reference to the Central Government in case of difference between the Commission and the Council.
• 42Recruitment to category B and category C posts.
• 43Power of Council to make regulations.

The New Delhi Municipal Fund

• 44Constitution of the New Delhi Municipal Fund.
• 45New Delhi Municipal Fund to be kept in the State Bank of India.
• 46Operation of the Accounts.
• 47Payments not to be made unless covered by a budget-grant.
• 48Duty of persons signing cheques.
• 49Procedure when money not covered by a budget-grant is expended.
• 50Application of New Delhi Municipal Fund.
• 51Temporary payments from the New Delhi Municipal Fund for works urgently required for the public service.
• 52Investment of surplus moneys.
• 53Constitution of Finance Commission.

Special Funds

• 54Constitution of special funds.

Budget estimates

• 55Adoption of budget estimates.
• 56Power of Council to alter budget estimates.
• 57Power of Council to re-adjust income and expenditure during the year.

Accounts and Audit

• 58Accounts to be kept.
• 59Audit.

Levy of taxes

• 60Taxes to be imposed by the Council under this Act.

Property tax

• 61Rates of property tax.
• 62Premises in respect of which property tax is to be levied.
• 63Determination of rateable value of lands and buildings assessable to property tax.
• 64Charge for supply of water.
• 65Taxation of Union properties.
• 66Incidence of property tax.
• 67Apportionment of liability for property tax when the premises are let or sub-let.
• 68Recovery of property tax from occupiers.
• 69Property tax a first charge on premises on which it is assessed.
• 70Assessment list.
• 71Evidential value of assessment list.
• 72Amendment of assessment list.
• 73Preparation of new assessment list.
• 74Notice of transfers.
• 75Notice of erection of building, etc.
• 76Notice of demolition or removal of buildings.
• 77Power of Chairperson to call for information and returns and to enter and inspect premises.
• 78Premises owned by, or let to two or more persons in severalty to be ordinarily assessed as one property.
• 79Assessment in case of amalgamation of premises.
• 80Power of Chairperson to assess separately outhouses and portions of buildings.
• 81Power of Chairperson to employ valuers.

Tax on vehicles and animals

• 82Tax on certain vehicles and animals and rates thereof.
• 83The tax on whom leviable.
• 84Tax when payable.
• 85Power of Chairperson to compound with livery stable keeper, etc., for tax.

Theatre-tax

• 86Theatre-tax.
• 87Liability to pay theatre-tax.

Tax on advertisements other than advertisements published in the newspapers

• 88Tax on advertisements.
• 89Prohibition of advertisements without written permission of the Chairperson.
• 90Permission of the Chairperson to become void in certain cases.
• 91Presumption in case of contravention.
• 92Power of Chairperson in case of contravention.

Duty on transfer of property

• 93Duty on transfer of property and method of assessment thereto.
• 94Provisions applicable on the introduction of transfer duty.

Tax on buildings payable along with the application for sanction of building plans

• 95Tax on building applications.

Other taxes

• 96Imposition of other taxes.

Supplementary taxation

• 97Supplementary taxation.

Payment and recovery of taxes

• 98Time and manner of payment of taxes.
• 99Presentation of bill.
• 100Notice of demand and notice fee.
• 101Penalty in case of default of payment of taxes.
• 102Recovery of tax.
• 103Distress.
• 104Disposal of distrained property and attachment and sale of immovable property.
• 105Recovery from a person about to leave New Delhi or Delhi.
• 106Power to institute suit for recovery.
• 107Power of seizure of vehicles and animals in case of non-payment of tax thereon.
• 108Occupiers may be required to pay rent towards satisfaction of property tax.

Remission and refund

• 109Demolition, etc., of buildings.
• 110Remission or refund of tax.
• 111Power to require entry in assessment list of details of buildings.
• 112Notice to be given of the circumstances in which remission or refund is claimed.
• 113What buildings are to be deemed vacant.
• 114Notice to be given of every occupation of vacant land or building.

Appeals

• 115Appeal against assessment, etc.
• 116Conditions of right to appeal.
• 117Condonation of delay in preferring the appeal.
• 118Finality of appellate orders.

Miscellaneous provisions relating to taxation

• 119Power to inspect for purposes of determining rateable value or tax.
• 120Composition.
• 121Irrecoverable debts.
• 122Obligation to disclose liability.
• 123Immaterial error not to affect liability.
• 124General power of exemption.

Taxes on entertainment and betting

• 125Payment of proceeds of entertainment and betting taxes to Council.

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

Property

• 137Acquisition of property.
• 138Acquisition of immovable property by agreement.
• 139Procedure when immovable property cannot be acquired by agreement.
• 140Disposal of movable property.
• 141Disposal of immovable property.

Contracts

• 142Contracts by the Council.
• 143Procedure for making contracts.
• 144Mode of executing contracts.

General

• 145Definitions.
• 146Council may carry out surveys and formulate proposals.

Water supply

• 147Functions in relation to water supplies.
• 148Water supplied for domestic purposes not to be used for non-domestic purposes.
• 149Supply of water for domestic purposes not to include any supply for certain specified purposes.
• 150Power to supply water for non-domestic purposes.
• 151Use of water for extinguishing fire.
• 152Power to require water supply to be taken.
• 153New premises not to be occupied without arrangement for water supply.
• 154Public gratuitous water supply.
• 155Power to lay mains.
• 156Power to lay service pipes, etc.
• 157Provision of fire hydrants.
• 158Supply of water.
• 159Laying of supply pipes, etc.
• 160Power to require separate service pipes.
• 161Stopcocks.
• 162Power of Chairperson to provide meters.
• 163Presumption as to correctness of meters.
• 164Prohibition of waste or misuse of water.
• 165Power to enter premises to detect waste or misuse of water.
• 166Power to test water fittings.
• 167Power to close or restrict use of water from polluted source of supply.
• 168Water pipes, etc., not to be placed where water will be polluted.
• 169Power to cut off private water supply or to turn off water.
• 170Joint and several liability of owners and occupiers for offence in relation to water supply.

Drainage and sewerage

• 171Public drains, etc., to vest in the Council.
• 172Control of drains and sewage collection works.
• 173Certain matters not to be passed into municipal drains.
• 174Application by owners and occupiers to drain into municipal drains.
• 175Drainage of and drained premises.
• 176New premises not to be erected without drains.
• 177Power to drain group or block of premises by combined operations.
• 178Power of Chairperson to close or limit the use of private drains in certain cases.
• 179Use of drain by a person other than the owner.
• 180Sewage and rain water drains to be distinct.
• 181Power of Chairperson to require owner to carry out certain works for satisfactory drainage.

Collection of sewage

• 182Appointment of places for the emptying of drains and collection of sewage.

Miscellaneous

• 183Connection with water works and drains not to be made without permission.
• 184Building, railways and private streets not to be erected or constructed over drains or water works without permission.
• 185Rights of user of property for aqueducts, lines, etc.
• 186Power of owner of premises to place pipes and drains through land belonging to other persons.
• 187Power to require railway level, etc., to be raised or lowered.
• 188Power of Chairperson to execute work after giving notice to the person liable.
• 189Power of Chairperson to affix shafts, etc., for ventilation of drain or cesspool.
• 190Power of Chairperson to examine and test drains, etc., believed to be defective.
• 191Bulk receipt of water and delivery of sewage by the Council.
• 192Employment of Government agencies for repairs, etc.
• 193Work to be done by licensed plumber.
• 194Prohibition of certain acts.

• 195Functions in relation to electricity supply.
• 196Additional functions in relation to electricity supply.
• 197Council to have powers and obligations of licensee under Act 9 of 1910.
• 198Restriction on building and other acts interfering with the works of electric supply.
• 199Power of Council to make arrangements with licensees.
• 200Charges for supply of electricity.
• 201Bulk receipt of electricity by the Council.

Construction, maintenance and improvement of streets

• 202Vesting of public streets in the Council.
• 203Functions of Chairperson in respect of public streets.
• 204Disposal of land forming site of public streets permanently closed.
• 205Power to make new public streets.
• 206Minimum width of new public streets.
• 207Power to prohibit or regulate use of public streets for certain kind of traffic.
• 208Power to acquire lands and buildings for public streets and for public parking places.
• 209Defining the regular line of streets.
• 210Setting back building to regular line of street.
• 211Compulsory setting back of building to regular line of street.
• 212Acquisition of open land and land occupied by platform, etc., within the regular line of street.
• 213Acquisition of the remaining part of a building and land after their portions within a regular line of street have been acquired.
• 214Setting forward of buildings to the regular line of street.
• 215Compensation to be paid in certain cases of setting back or setting forward of buildings, etc.

Private streets

• 216Owner's obligation when dealing with land as building sites.
• 217Lay-out plans.
• 218Alteration or demolition of street made in breach of section 217.
• 219Power of Chairperson to order work to be carried out or to carry it out himself in default.
• 220Right of owner to require streets to be declared public.

Encroachments on streets

• 221Prohibition of projections upon streets, etc.
• 222Projections over streets may be permitted in certain cases.
• 223Ground floor doors, etc., not to open outwards on streets.
• 224Prohibition of structures or fixtures which cause obstruction in street.
• 225Prohibition of deposit, etc., of things in streets.
• 226Power to remove anything deposited or exposed for sale in contravention of this Act.
• 227Prohibition of the tethering of animals and milking of cattle.

Provision concerning execution of works in or near to streets

• 228Precautions during repair of streets.
• 229Streets not to be opened or broken up and building materials not to be deposited thereon without permission.
• 230Disposal of things removed under this Chapter.

Naming and numbering of streets and numbering of buildings

• 231Naming and numbering of streets.

Repair or enclosure of dangerous places

• 232Chairperson to take steps for repairing or enclosing dangerous places.

Lighting of streets

• 233Measures for lighting.
• 234Prohibition of removal, etc., of lamps.

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

Conservancy and sanitation

• 261Provision for daily cleansing of streets and removal of rubbish and filth.
• 262Rubbish, etc., to be the property of the Council.
• 263Provision or appointment of receptacles, depots and places for rubbish, etc.
• 264Duty of owners and occupiers to collect and deposit rubbish, etc.
• 265Collection and removal of filth and polluted matter.
• 266Removal of rubbish, etc., accumulated on premises used as factories, workshop, etc.
• 267Prohibition against accumulation of rubbish, etc.
• 268Prohibition in respect of air pollutant.
• 269Chairperson's power to get premises scavenged and cleansed.
• 270Public latrines, urinals, etc.

Latrines and urinals

• 271Construction of latrines and urinals.
• 272Latrines and urinals, etc., in new buildings.
• 273Latrines and urinals for labourers, etc.
• 274Provision of latrines and urinals for markets, etc.
• 275Other provisions as to private latrines.

Removal of congested buildings and buildings unfit for human habitation

• 276Removal of congested buildings.
• 277Power of Chairperson to require improvement of building unfit for human habitation.
• 278Enforcement of notice requiring execution of works of improvement.
• 279Power of Chairperson to order demolition of buildings unfit for human habitation.
• 280Insanitary huts and sheds.

Regulation of washing by washermen

• 281Prohibition against washing by washerman.

Prevention of Dangerous Diseases

• 282Obligation to give information of dangerous disease.
• 283Removal to hospital of patients, suffering from dangerous disease.
• 284Disinfection of buildings and articles.
• 285Destruction of infectious huts or sheds.
• 286Means of disinfection.
• 287Special measures in case of outbreak of dangerous or epidemic diseases.
• 288Infected clothes not to be sent to washerman or to laundry.
• 289Contamination and disinfection of public conveyance.
• 290Driver of conveyance not bound to carry persons suffering from dangerous disease.
• 291Disinfection of buildings before letting the same.
• 292Disposal of infected articles without disinfection.
• 293Prohibition of making or selling of food, etc., or washing of clothes by infected persons.
• 294Power to restrict or prohibit sale of food or drink.
• 295Control over wells and tanks, etc.
• 296Duty of persons suffering from dangerous disease.
• 297Disposal of infectious corpses where any person has died from any dangerous disease.

Special conditions regarding essential services

• 298Conditions of service of sweepers and certain other class of persons employed in municipal service.
• 299Conditions of service of sweepers employed for doing house scavenging.

Burning and burial grounds

• 300Power to call for information regarding burning and burial grounds.
• 301Permission for use of new burning or burial ground.
• 302Power to require closing of burning and burial grounds.
• 303Removal of corpses.

Disposal of dead animals

• 304Disposal of dead animals.

• 305Appointment of Chief Registrar, etc.
• 306Duties of registrar.
• 307Information of births and deaths.

Nuisances

• 308Prohibition of nuisances.
• 309Power of Chairperson to require removal or abatement of nuisance.

Dogs

• 310Registration and control of dogs.

Prevention of fire, etc.

• 311Stacking or collecting inflammable materials.
• 312Care of naked lights.
• 313Discharging fire works, fire-arms, etc.
• 314Power to require buildings, wells, etc., to be rendered safe.
• 315Enclosure of waste land used for improper purpose.

Maintenance and regulation of markets

• 316Provision of municipal market.
• 317Use of municipal markets and slaughter house.
• 318Private markets.
• 319Conditions of grant of licence for private market.
• 320Prohibition of keeping market open without licence, etc.
• 321Prohibition of use of unlicensed markets.
• 322Prohibition of business and trade near a market.
• 323Levy of stallages, rents and fees.
• 324Power to expel disturbers, etc., from markets.
• 325Butcher's fish-monger's and poulter's licence.

Trades and occupations

• 326Factory, etc., not to be established without permission of the Chairperson.
• 327Premises not to be used for certain purposes without licence.
• 328Seizure of certain animals.
• 329Power of Chairperson to prevent use of premises in particular areas for purposes referred to in section 327.
• 330Licences for hawking articles, etc.
• 331Eating houses, etc., not to be used without licence from the Chairperson.
• 332Licensing and control of theatres, circuses and places of public amusement.
• 333Power of Chairperson to stop use of premises used in contravention of licences.

• 334Improvement scheme.
• 335Matters to be provided for in an improvement scheme.
• 336Submission of improvement scheme to the Council for approval and to the Central Government for sanction.
• 337Rehousing scheme.
• 338Improvement scheme and rehousing scheme to comply with the master plan and zonal development plan.

Licences and written permissions

• 339Signature, conditions, duration, suspension, revocation, etc., of licences and written permissions.

Entry and inspection

• 340Powers of entry and inspection.
• 341Power to enter land adjoining land in relation to any work.
• 342Breaking into building.
• 343Time of making entry.
• 344Consent ordinarily to be obtained.
• 345Regard to be had to social or religious usages.
• 346Prohibition of obstruction or molestation in execution of work.

Public notices and advertisements

• 347Public notices how to be made known.
• 348Newspapers in which advertisements or notices to be published.

Evidence

• 349Proof of consent, etc., of Chairperson.

Notices, etc.

• 350Notices, etc., to fix reasonable time.
• 351Signature on notices, etc., may be stamped.
• 352Notices, etc., by whom to be served or issued.
• 353Services of notices, etc.
• 354Service of bills for tax or notice of demand by ordinary post.
• 355Powers in case of non-compliance with notice, etc.

Recovery of expenses

• 356Liability of occupier to pay in default of owner.
• 357Execution of work by occupier in default of owner and deduction of expenses from rent.
• 358Relief to agents and trustees.

Payment of compensation

• 359General power to compensation.
• 360Compensation to be paid by offenders for damage caused by them.

Recovery of expenses or compensation in case of dispute

• 361Reference to the court of the district judge in certain cases.
• 362Application to the court of the district judge in other cases.

Recovery of certain dues

• 363Mode of recovery of certain dues.

Obstruction of owner by occupier

• 364Right of owner to apply to the court of the district judge in case of obstruction by occupier.

Proceedings before the court of the district judge

• 365General powers and procedure of the court of the district judge.
• 366Fees in proceedings before the court of the district judge.
• 367Repayment of half fees on settlement before hearing.
• 368Power of the court of the district judge to delegate certain powers and to make rules.

Offences and penalties

• 369Punishment for certain offences.
• 370General penalty.
• 371Offences by companies.
• 372Certain offences to be cognizable.
• 373Prosecutions.
• 374Composition of offences.

Magistrates and proceedings before magistrates

• 375Municipal magistrates.
• 376Cognizance of offences.
• 377Limitation of time for prosecution.
• 378Power of magistrate to hear cases in absence of accused when summoned to appear.
• 379Complaints concerning nuisances.
• 380Procedure to be followed by magistrate regarding complaints concerning nuisances.

Powers and duties of police officers

• 381Arrest of offenders.
• 382Duties of police officers.

Legal proceedings

• 383Power to institute, etc., legal proceedings and obtain legal advice.
• 384Protection of action of the Council, etc.
• 385Notice to be given of suits.

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

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

• 399Delegation of power by the Central Government.
• 400Power to delegate functions of Chairperson.
• 401Validity of notices and other documents.
• 402Admissibility of document or entry as evidence.
• 403Evidence of Municipal officer or employee.
• 404Prohibition against obstruction of any municipal authority.
• 405Prohibition against removal of mark.
• 406Prohibition against removal or obliteration of notice.
• 407Prohibition against unauthorised dealings with public place or materials.
• 408Liability of Chairperson, etc., for loss, waste or misapplication of New Delhi Municipal Fund or property.
• 409Members and municipal officers and employees to be public servants.
• 410Annual administration report.
• 411Other laws not to be disregarded.
• 412Exemption of diplomatic or consular missions from payment of tax, etc.
• 413Construction of references.
• 414Council to undertake work on agency basis.
• 415Power to remove difficulties.
• 416Repeal and savings.
• 417Expenditure in connection with the Council from the commencement of this Act to the adoption of the budget by the Council.
• 418Transitory provision.
• 419Repeal of Ordinance 8 of 1994.