THE NEW DELHI MUNICIPAL COUNCIL ACT, 19941
[Act, No. 44 of 1994]
[14th July, 1994]
An Act to provide for the establishment of the New Delhi Municipal Council and for matters connected therewith or incidental thereto
Be it enacted by Parliament in the Forty-fifth Year of the Republic of India as follows:--
|1. As published in Gazette of India Part II Section 1 dt. 14.7.1994.|
Section 1. Short title, extent and commencement
(1) This Act may be called the New Delhi Municipal Council Act, 1994.
(2) It extends to New Delhi.
(3) It shall be deemed to have come into force on the 25th day of May, 1994.
Section 2. Definitions
In thisAct, unless the context otherwise requires,
(1)"Administrator" means the Administrator of the National CapitalTerritory of Delhi;
(2)"Appellate Tribunal" means an Appellate Tribunal constituted undersection 253;
(3)"budget-grant" means the total sum entered on the expenditure side ofa budget estimate under a major head and adopted by the Council and includesany sum by which such budget-grant may be increased or reduced by transfer fromor to other heads in accordance with the provisions of this Act and theregulations made thereunder;
(4)"building" mean a house, out-house, stable, latrine, urinal, shed,hut, wall (other than a boundary wall) or any other structure, whether ofmasonry, bricks, wood, mud, metal or other material but does not include anyportable shelter;
(5)"bye-law" means a bye-law made under this Act, by notification in theOfficial Gazette;
(6)"casual vacancy" means a vacancy occurring otherwise than by efflux oftime in the office of a member of the Council;
(7)"Chairperson" means the Chairperson of the Council;
(8)"Corporation" means the Municipal Corporation of Delhi establishedunder the Delhi Municipal Corporation Act, 1957 (66 of 1957);
(9)"Council" means the New Delhi Municipal Council established underthis Act;
(10)"dangerous disease" means--
(a)cholera, plague, chicken-pox, small-pox, tuberculosis, leprosy, enteric fever,cerebrospinal meningitis and diptheria; and
(b)any other epidemic, endemic or infectious disease which the Chairperson may, bynotification in the Official Gazette, declare to be a dangerous disease for thepurposes of this Act,"
(11)"Delhi" means the entire area of the National Capital Territory ofDelhi except New Delhi and Delhi Cantonment as defined in clause (11) ofsection 2 of the Delhi Municipal Corporation Act, 1957 (66 of 1957);
(12)"drain" includes a sewer, a house drain, a drain of any otherdescription, a tunnel, a culvert, a ditch, a channel and any other device forcarrying off sewage, offensive matter, polluted water, waste water, rain wateror sub-soil water;
(13)"entertainment" includes any exhibition, performance, amusement, gameor sport to which persons are ordinarily admitted on payment;
(14)"factory" means a factory as defined in the Factories Act, 1948 (63of 1948);
(15)"filth" includes offensive matter and sewage;
(16)"goods" includes animals;
(17)"Government" means the Government of the National Capital Territoryof Delhi;
(18)"house-gully" means a passage or strip of land constructed, set apartor utilised for the purpose of serving as or carrying a drain or affordingaccess to a latrine, urinal, cesspool or other receptacle for filth or otherpolluted matter, by municipal employee or other person employed in thecleansing thereof or in the removal of such matter therefrom;
(19)"hut" means any building which is constructed principally of wood,bamboo, mud, leaves, grass, cloth or thatch and includes any structure ofwhatever material made which the Council may declare to be a hut for thepurposes of this Act;
(20)"inhabitant", in relation to the municipal area of New Delhi includesany person ordinarily residing or carrying on business or owning or occupyingimmovable property therein and in case of a dispute, means any person orpersons declared by the Chairperson to be an inhabitant;
(21)"land" includes benefits to arise out of land, things attached to theearth or permanently fastened to anything attached to the earth and rightscreated by law over any street;
(22)"licensed engineer" and "licensed plumber" meanrespectively a person licensed under the provisions of this Act as an engineerand a plumber;
(23)"market" includes any place where persons assemble for the sale of,or for the purpose of exposing for sale, meat, fish, fruits, vegetables,animals intended for human consumption or any other articles of human foodwhatsover, with or- without the consent of the owner of such placenotwithstanding that there may be no common regulation for the concource ofbuyers and sellers and whether or not any control is exercised over thebusiness of, or the person frequenting, the market by the owner of the place orby any other person;
(24)"member", in relation to the Council, means a member of the Counciland includes the Chairperson;
(25)"municipal market" means a market vested in or managed by theCouncil;
(26)"municipal water works" means water works vested in the Council;
(27)"New Delhi" means the area within the boundaries described in theFirst Schedule;
(28)"nuisance" includes any act, omission, place, animal or thing whichcauses or is likely to cause injury, danger, annoyance or offence to the senseof sight, smell or hearing or disturbance to rest or sleep, or which is or maybe dangerous to life or injurious to health or property;
(a)any person who for the time being is paying or is liable to pay to the ownerthe rent or any portion of the rent of the land or building in respect of whichsuch rent is paid or is payable;
(b)anowner in occupation of, or otherwise using his land or building;
(c) arent-free tenant of any land or building;
(d) alicensee in occupation of any land or building; and
(e)any person who is liable to pay to the owner damages for the use and occupationof any land or building;
(30)"offensive matter" includes animal carcasses, kitchen or stablerefuse, dung, dirt and putrid or putrefying substances other than sewage;
(31)"Official Gazette" means the Official Gazette of the National CapitalTerritory of Delhi;
(32)"owner" includes a person who for the time being is receving or isentitled to receive, the rent of any land or building whether on his ownaccount or on account of himself and others or as an agent, trustee, guardianor receiver for any other person or who should so receive the rent or beentitled to receive it if the land or building or part thereof were let to atenant and also includes--
(a) the custodian of evacuee property in respect of evacuee property vested in himunder the Administration of Evacuee Property Act, 1950 (31 of 1950); and
(b) the estate officer to the Government of India, the Secretary of the DelhiDevelopment Authority, consituted under the Delhi Development Act, 1957 (11 of1957), the General Manager of a railway and the head of a Governmentdepartment, in respect of properties under their respective control;
(33)"premises" means any land or building or part of a building andincludes--
(a) the garden, ground and out-houses, if any, appertaining to a building or partof a building, and
(b) any fittings affixed to a building or part of a building for the morebeneficial enjoyment thereof;
(34)"prescribed" means prescribed by rules made under this Act;
(35)"private market" means a market which is not a municipal market;
(36)"private street" means any street, which is not a public street andincludes any passage securing access to two or more places belonging to thesame or different owners;
(37)"public place" means any place which is open to the use and enjoymentof the public, whether it is actually used or enjoyed by the public or not;
(38)"public securities" means any securities of the Central Government ora State Government or any securities guaranteed by the Central Government or aState Government or any securities issued under this Act or any debenturesissued by the Mumbai, Calcutta, Delhi or Chennai Municipal Corporation;
(39)"public street" means any street which vests in the Council as apublic street or the soil below the surface of which vests in the Council orwhich under the provisions of this Act becomes, or is declared to be, a publicstreet;
(40)"railway administration" has the meaning assigned to it in theRailways Act, 1989 (24 of 1989);
(41)"rate payer" means a person liable to pay any rate, tax, cess orlicence fee under this Act;
(42)"rateable value" means the value of any land or building fixed inaccordance with the provisions of this Act and the bye-laws made thereunder forthe purpose of assessment to property taxes;
(43)"regulation" means a regulation made by the Council under this Act bythe notification in the Official Gazette;
(a) aperson shall be deemed to reside in any dwelling-house which or some portion ofwhich he sometimes, although not uninterruptedly, uses as a sleeping apartment,and
(b) aperson shall not be deemed to cease to "reside" in any suchdwelling-house merely because he is absent from it or has elsewhere anotherdwelling-house in which he resides, if there is the liberty of returning to itat any time and no abandonment of the intention of returning to it;
(45)" rubbish" includes ashes, broken bricks, broken glass, dust, malba,mortar and refuse of any kind which is not filth;
(46)"rule" means a rule made by the Central Government under this Act bynotification in the Official Gazette;
(47)"Scheduled Castes" means such castes, races or tribes or parts of orgroups within such castes, races or tribes as are deemed to be Scheduled Castesunder article 341 of the Constitution;
(48)"service passage" or "lane" or "bye-lane" means apassage or strip of land constructed, set apart or utilised for the purpose ofserving as or carrying a drain or electricity cable (underground or over-head)and any electrical and other allied installations or any other civic servicesby municipal employees or other person employed in the service thereof;
(49)"sewage" means night-soil and other contents of latrines, urinals,cesspools or drains, and polluted water from sinks, bath-rooms, stables, cattlesheds and other like places and includes trade effluents and discharges fromfactories of all kinds;
(50)"shed" means a slight or temporary structure for shade or shelter;
(51)"street" includes any way, road, lane, square, court, alley, gully,passage, whether a thoroughfare or not and whether built upon or not, overwhich the public have a right of way and also the roadway or footway over anybridge or causeway;
(52)"trade effluent" means any liquid either with or without particles ofmatter in suspension therein, which is wholly or in part produced in the courseof any trade or industry carried on at trade premises, and in relation to anytrade premises means any such liquid as aforesaid which is so produced in thecourse of any trade or industry carried on at those premised, but does notinclude domestic sewage;
(53)"trade premises" means any premises used or intended to be used forcarrying on any trade or industry;
(54)"trade refuse" means the refuse of any trade or industry;
(55)"vehicle" includes a carriage, cart, van, dray, truck, hand-cart,bicycle, tricycle, cycle-rickshaw, auto-rickshaw, motor vehicle and everywheeled conveyance which is used or is capable of being used on a street;
(56)"water courses" includes any river, stream or channel whether naturalor artificial;
(57)"water works" includes all lakes, tanks, streams, any river,cisterns, springs, pumps, wells, reservoirs, aqueducts, water trucks, sluices,mains, pipes, culverts, hydrants, stand-pipes and conduits and all lands,buildings, machinery bridges and things, used for, or intended for the purposeof, supplying water;
(58)"workshop" means any premises (including the precincts thereof) otherthan a factory, wherein any industrial process is carried on;
(59)" year" means a year commencing on the 1st day of April.
Section 3. Establishment of the Council
(1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be a Council charged with the municipal Government of New Delhi, to be known as the New Delhi Municipal Council.
(2) The Council shall be a body corporate with the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and may by the said name sue and be sued.
Section 4. Composition of the Council
(1) The Council shall consist of the following members, namely:--
(a) a Chairperson, from amongst the officers, of the Central Government or the Government, of or above the rank of joint Secretary to the Government of India to be appointed by the Central Government in consultation with the Chief Minister of Delhi;
(b) three members of Legislative Assembly of Delhi representing constituencies which comprise wholly or partly the New Delhi area;
(c) five members from amongst the officers of the Central Government or the Government or their undertakings, to be nominated by the Central Government; and
(d) two members to be nominated by the Central Government in consultation with the Chief Minister of Delhi to represent from amongst lawyers, doctors, chartered accountants, engineers, business and financial consultants, intellectuals, traders, labourers, social workers including social scientists, artists, media persons, sports persons and any other class of persons as may be specified by the Central Government in this behalf.
(2) The Member of Parliament, representing constituency which comprises wholly or partly the new Delhi area, shall be a special Invitee for the meetings of the Council but without a right to vote.
(3) Out of the eleven members referred to in sub-section (1), there shall be at least three members who are women and one member belonging to the Scheduled Castes.
(4) The Central Government shall nominate, in consultation with the Chief Minister of Delhi, a Vice-Chairperson from amongst the members specified in clauses (b) and (d) of sub-section(1
Section 5. Duration of the Council
(1) The Council, unless sooner dissolved under section 398 or any other law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer.
(2) The Council--
(a) where it is dissolved before the expiry of its duration under subsection (1), shall be reconstituted within a period of six months of such dissolution; and
(b) where it is dissolved after the expiry of its duration, shall be reconstituted before such expiry.
Section 6. Disqualification for membership of the Council
(1) No person, other than a member of the Legislative Assembly of the National Capital Territory of Delhi, shall be disqualified for being nominated as a member of the Council on the ground that he holds an office of profit for purposes of election to the legislature of the National Capital Territory of Delhi under any law for the time being in force.
(2) If a person sits or votes as a member of the Council when he knows that he is not qualified or that he is disqualified for such membership, he shall be liable in respect of each day on which he so sits or votes to a penalty of three hundred rupees to be recovered as an arrear of tax under this Act.
Section 7. Oath or affirmation
(1) Every member before taking his seat shall make and subscribe at a meeting of the Council an oath or affirmation according to the following form, namely:--
"I, A.B., having been nominated as a member of Council do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will faithfully discharge the duty upon which I am about to enter."
(2) If a person sits or votes as a member before he has complied with the requirements of sub-section (1), he shall be liable in respect of each day on which he sits or votes as the case may be, to a penalty of three hundred rupees to be recovered as arrears of tax under this Act.
Section 8. Vacation of seat
(1) If a member resigns his seat by writing under his hand addressed to the Chairperson and delivered to him, his seat shall thereupon become vacant.
(2) If during three successive months, a member is without permission of the Council, absent from all the meetings thereof, the Council may recommend to the Central Government at the seat of such member may be declared vacant.
Section 9. Setting-up of Committees
(1) The Council may constitute as many committees as it thinks fit for the exercise of any power or discharge of any function which the Council may by resolution delegate to them or for inquiring into, reporting or advising upon any matter which the Council may refer to them.
(2) Any such committee shall consist of members of the Council only;
Provided that a committee may, with the sanction of the Council, co-opt not more than two persons who are not members of the Council, but who in the opinion of the Council possesses special qualifications for serving on such committee.
(3) Each committee constituted under this section shall be presided by the Chairperson of the Council.
(4) Any matter relating to a committee constituted under this section, not expressly provided in this Act may be provided by regulations made in this behalf.
Section 10. General powers of the Council
(1) Subject to the provisions of this Act and the rules, regulations and bye-law made thereunder the Municipal Government of New Delhi shall vest in the Council.
(2) Without prejudice to the generality of the provisions of sub-section (1), it shall be the duty of the Council to consider all periodical statements of the receipts and disbursements and all progress reports and pass such resolutions thereon as it thinks fit.
(3) The Council may at any time require the Chairperson--
(a) to produce any record, correspondence, plan or other document which is in his possession or under his control as Chairperson or which is recorded or filed in his office or in the office of any municipal officer or other municipal employee subordinate to him;
(b) to furnish any return, plan, estimate, statement, account or statistics concerning or connected with any matter pertaining to the administration of this Act or the Municipal Government of New Delhi.
(c) to furnish a report by himself or to obtain from the head of any department subordinate to him and furnish with his own remarks thereon, a report, upon any subject concerning or connected with the administration of this Act or the Municipal Government of New Delhi.
(4) Every such requisition shall be complied with by the Chairperson without any unreasonable delay; and it shall be incumbent on every municipal officer and other municipal employee to obey any order made by the Chairperson in pursuance of any such requisition.
Provided that the Chairperson shall not be bound to comply with any such requisition if with the previous approval of the Administrator he makes a statement that such compliance would be prejudicial to public interest or to the interests of the Council.
Section 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:--
(a) the construction, maintenance and cleansing of drains and drainage works and of public latrines, urinals and similar conveniences;
(b) the construction and maintenance of works and means for providing supply of water for public and private purposes;
(c) the scavenging, removal and disposal of filth, rubbish and other obnoxious or polluted matters;
(d) the construction or purchase, maintenance, extension, management for--
(i) supply and distribution of electricity to the public;
(ii) providing a sufficient supply of pure and wholesome water;
(e) the reclamation of unhealthy localities, the removal of noxious vegetation and generally the abatement of all nuisances;
(f) the regulation of places for the disposal of the dead and the provision and maintenance of places for the said purpose;
(g) the registration of births and deaths;
(h) public vaccination and inuoculation;
(i) measures for preventing and checking the spread of dangerous diseases;
(j) the establishment and maintenance of hospitals, dispensaries and maternity and child welfare centres and the carrying out of other measures necessary for public medical relief;
(k) the construction/ and maintenance of municipal markets and regulation of all markets;
(l) the regulation and abatement of offensive or dangerous trade or practices;
(m) the securing or removal of dangerous buildings and places;
(n) the construction, maintenance, alteration and improvements of public streets, bridges, culverts, causeways and the like;
(o) the lighting, watering and cleansing of public streets and other public places;
(p) the removal of obstructions and projections in or upon streets bridges and other public places;
(q) the naming and numbering of streets and premises;
(r) the establishment, maintenance of, and aid to, schools for primary educations subject to such grants as may be determined by the Central Government from time to time;
(s) the maintenance of municipal offices;
(t) the laying out or the maintenance of public parks, gardens or recreation grounds;
(u) the maintenance of monuments and memorials vested in any local authority in New Delhi immediately before the commencement of this Act or which may be vested in the Council after such commencement;
(v) the maintenance and development of the value of all properties vested in or entrusted to the management of the Council;
(w) the preparation of plans for economic development and social justice;
(x) the maintenance including the expansion and upgradation of facilities of the hospitals existing on the date of the commencement of this Act;
(y) sanction or refuse erection or re-erection of buildings; and
(z) the fulfilment of any other obligation imposed by or under this Act or any other law for the time being in force.