THE NEW DELHI MUNICIPAL COUNCIL ACT, 1994 
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ARRANGEMENT OF SECTIONS 
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CHAPTER I 

PRELIMINARY 

SECTIONS 

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

CHAPTER II 

THE COUNCIL 

Constitution of the Council 

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

Members 

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

9.  Setting-up of committees. 

Committees of the Council 

CHAPTER III 

FUNCTIONS OF THE COUNCIL 

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

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. 
16.  Salary and allowances of the Chairperson and members. 
17.  Service regulations of members. 
18.  Functions of the Chairperson. 
19.  Chairperson not to be interested in any contract, etc., with the Council. 
20.  Exercise of powers to be subject to sanction. 

CHAPTER V 

PROCEDURE 

Transaction of business by the Council 

21.  Meetings. 
22.  First meeting of the Council. 
23.  Notice of meetings and business. 
24.  Quorum. 
25.  Presiding Officer. 
26.  Method of deciding questions. 

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SECTIONS 

27.  Members not to vote on matter in which they are interested. 
28.  Right  to  attend  meetings  of  Council  and  its  committees,  etc.,  and  right  of  members  to  ask 

questions in relation to the municipal government of New Delhi. 

29.  Keeping of minutes and proceedings. 
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. 

Validation 

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. 
36.  Power to make appointments. 
37.  Officers and other employees not to undertake any extraneous work. 
38.  Officers and other employees not to be interested in any contract, etc., with the Council. 
39.  Punishment for municipal officers and other employees. 
40.  Consultation with the Union Public Service Commission. 
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. 
43.  Power of Council to make regulations. 

CHAPTER VII 

REVENUE AND EXPENDITURE 

The New Delhi Municipal Fund 

44.  Constitution of the New Delhi Municipal Fund. 
45.  New Delhi Municipal Fund to be kept in the State Bank of India. 
46.  Operation of the Accounts. 
47.  Payments not to be made unless covered by a budget-grant. 
48.  Duty of persons signing cheques. 
49.  Procedure when money not covered by a budget-grant is expended. 
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. 

Special Funds 

Budget estimates 

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. 

ACCOUNTS AND AUDIT 

Scrutiny and audit of accounts 

58.  Accounts to be kept. 
59.  Audit. 

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CHAPTER VIII 

TAXATION 

Levy of taxes 

SECTIONS 

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

Property tax 

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. 
70.  Assessment list. 
71.  Evidential value of assessment list. 
72.  Amendment of assessment list. 
73.  Preparation of new assessment list. 
74.  Notice of transfers. 
75.  Notice of erection of building, etc. 
76.  Notice of demolition or removal of buildings. 
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. 

79.  Assessment in case of amalgamation of premises. 
80.  Power of Chairperson to assess separately outhouses and portions of buildings. 
81.  Power of Chairperson to employ valuers. 

Tax on vehicles and animals 

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

Theatre-tax 

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

Tax on advertisements other than advertisements published in the newspapers 

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

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

Duty on transfer of property 

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

95.  Tax on building applications. 

96.  Imposition of other taxes. 

Other taxes 

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SECTIONS 

97.  Supplementary taxation. 

Supplementary taxation 

Payment and recovery of taxes 

98.  Time and manner of payment of taxes. 
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. 
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. 

Remission and refund 

109. Demolition, etc., of buildings. 
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. 
113. What buildings are to be deemed vacant. 
114. Notice to be given of every occupation of vacant land or building. 

Appeals 

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

Miscellaneous provisions relating to taxation 

119. 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. 
124. General power of exemption. 

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

Taxes on entertainment and betting 

CHAPTER IX 

BORROWING 

126. Power of Council to borrow. 
127. Time for repayment of money borrowed under section 126. 
128. Form and effect of debenture. 
129. Payment to survivors of joint payees. 
130. Receipt by joint holders for interest or dividend. 
131. Maintenance and investment of sinking funds. 
132. Application of sinking funds. 
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. 

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CHAPTER X 

PROPERTY AND CONTRACTS 

Property 

SECTIONS 

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

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

Contracts 

CHAPTER XI 

WATER SUPPLY, DRAINAGE AND SEWAGE COLLECTION 

General 

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

Water supply 

147. Functions in relation to water supplies. 
148. Water supplied for domestic purposes not to be used for non-domestic purposes. 
149. Supply of water for domestic purposes not to include any supply for certain specified purposes. 
150. Power to supply water for non-domestic purposes. 
151. Use of water for extinguishing fire. 
152. Power to require water supply to be taken. 
153. New premises not to be occupied without arrangement for water supply. 
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. 
164. Prohibition of waste or misuse of water. 
165. Power to enter premises to detect waste or misuse of water. 
166. Power to test water fittings. 
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. 
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. 

Drainage and sewerage 

171. 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 drained premises. 
176. New premises not to be erected without drains. 

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SECTIONS 

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. 
179. Use of drain by a person other than the owner. 
180. Sewage and rain water drains to be distinct. 
181. Power of Chairperson to require owner to carry out certain works for satisfactory drainage. 

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

Collection of sewage 

Miscellaneous 

183. Connection with water works and drains not to be made without permission. 
184. Building, 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. 
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. 
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. 
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. 
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. 
201. Bulk receipt of electricity by the Council. 

CHAPTER XIII 

STREETS 

Construction, maintenance and improvement of streets 

202. 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. 
205. Power to make new public streets. 
206. Minimum width of new public streets. 
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. 
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. 
215. Compensation to be paid in certain cases of setting back or setting forward of buildings, etc. 

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SECTIONS 

Private streets 

216. Owner‟s obligation when dealing with land as building sites. 
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. 

Encroachments on streets 

221. 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. 
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. 
227. Prohibition of the tethering of animals and milking of cattle. 

Provision concerning execution of works in or near to streets 

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. 

230. Disposal of things removed under this Chapter. 

Naming and numbering of streets and numbering of buildings 

231. Naming and numbering of streets. 

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

Repair or enclosure of dangerous places 

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

Lighting of streets 

CHAPTER XIV 

BUILDING REGULATIONS 

235. General superintendence, etc., of the Central Government. 
236. Definition. 
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. 
244. Buildings at corners of streets. 
245. Provisions as to buildings and works on either side of new streets. 
246. Period for completion of building or work. 
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. 
253. Appellate Tribunal. 
254. Appeals against certain orders or notices issued under the Act. 

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SECTIONS 

255. Procedure of the Appellate Tribunal. 
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 sanitation 

261. Provision for daily cleansing of streets and removal of rubbish and filth. 
262.  Rubbish, etc., to 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. 
265. Collection and removal of filth and polluted matter. 
266. Removal of rubbish, etc., accumulated on premises used as factories, workshop, etc. 
267. Prohibition against accumulation of rubbish, etc. 
268. Prohibition in respect of air pollutant. 
269. Chairperson‟s power to get premises scavenged and cleansed. 
270. Public latrines, urinals, etc. 

Latrines and urinals 

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

Removal of congested buildings and buildings unfit for human habitation 

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. 
279. Power of Chairperson to order demolition of buildings unfit for human habitation. 
280. Insanitary huts and sheds. 

281. Prohibition against washing by washerman. 

Regulation of washing by washermen 

Prevention of Dangerous Diseases 

282. Obligation to give information of dangerous disease. 
283. Removal to hospital of patients, suffering from dangerous disease. 
284. Disinfection of buildings and articles. 
285. Destruction of infectious huts or sheds. 
286. Means of disinfection. 
287. Special measures in case of outbreak 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. 
291. Disinfection of buildings before letting the same. 
292. Disposal of infected articles without disinfection. 
293. Prohibition of making or selling of food, etc., or washing of clothes by infected persons. 
294. Power to restrict or prohibit sale of food or drink. 
295. Control over wells and tanks, etc. 
296. Duty of persons suffering from dangerous disease. 

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SECTIONS 

297. Disposal of infectious corpses where any person has died from any dangerous disease. 

Special conditions regarding essential services 

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. 

Burning and burial grounds 

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

304. Disposal of dead animals. 

Disposal of dead animals 

CHAPTER XVI 

VITAL STATISTICS 

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

CHAPTER XVII 

PUBLIC SAFETY AND SUPPRESSION OF NUISANCES 

Nuisances 

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

Dogs 

310. Registration and control of dogs. 

Prevention of fire, etc. 

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

CHAPTER XVIII 

MARKETS, TRADES AND OCCUPATIONS 

Maintenance and regulation of markets 

316. 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. 
322. Prohibition of business and trade near a market. 
323. Levy of stallages, rents and fees. 
324. Power to expel disturbers, etc., from markets. 
325. Butcher‟s fish-monger‟s and poulter‟s licence. 

Trades and occupations 

326. Factory, etc., not to be established without permission of the Chairperson. 

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SECTIONS 

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. 
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. 
333. Power of Chairperson to stop use of premises used in contravention of licences. 

CHAPTER XIX 

IMPROVEMENT 

334. Improvement scheme. 
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. 
338. Improvement  scheme  and  rehousing  scheme  to  comply  with  the  master  plan  and  zonal 

development plan. 

CHAPTER XX 

POWERS, PROCEDURE, OFFENCES AND PENALTIES 

Licences and written permissions 

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

Entry and inspection 

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

Public notices and advertisements 

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

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

Evidence 

Notices, etc. 

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

Recovery of expenses 

356. 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. 
358. Relief to agents and trustees. 

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SECTIONS 

Payment of compensation 

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

Recovery of expenses or compensation in case of dispute 

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

Recovery of certain dues 

363. Mode of recovery of certain dues. 

Obstruction of owner by occupier 

364. Right 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 

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

Offences and penalties 

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

Magistrates and proceedings before magistrates 

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

Powers and duties of police officers 

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

Legal proceedings 

383. Power to institute, etc., legal proceedings and obtain legal advice. 
384. Protection of action of the Council, etc. 
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. 
390. Penalty for breaches of bye-laws. 
391. Supplemental provisions respecting bye-laws. 
392. Bye-laws to be available for inspection and purchase. 

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CHAPTER XXII 

CONTROL 

SECTIONS 

393. Government to require production of documents. 
394. Inspection. 
395. Directions by Central Government. 
396. Power to provide for enforcement of direction under section 395. 
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. 
400. Power to delegate functions of Chairperson. 
401. Validity of notices and other documents. 
402. Admissibility of document or entry as evidence. 
403. Evidence of Municipal officer or employee. 
404. Prohibition against obstruction of any municipal authority. 
405. Prohibition against removal of mark. 
406. Prohibition against removal or obliteration of notice. 
407. Prohibition against unauthorised dealings with public place or materials. 
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. 
410. Annual administration report. 
411. Other laws not to be disregarded. 
412. Exemption of diplomatic or consular missions from payment of tax, etc. 
413. Construction of references. 
414. Council to undertake work on agency basis. 
415. Power to remove difficulties. 
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. 
419. Repeal of Ordinance 8 of 1994. 

THE FIRST SCHEDULE.—BOUNDARIES OF NEW DELHI. 

THE SECOND SCHEDULE.—RATES OF TAXES LEVIABLE ON VEHICLES AND ANIMALS. 

THE THIRD SCHEDULE.—THEATRE-TAX. 

THE  FOURTH  SCHEDULE.—TAX  ON  ADVERTISEMENTS  OTHER  THAN  ADVERTISEMENTS 
PUBLISHED IN THE NEWSPAPERS. 

THE FIFTH SCHEDULE.—TAX ON BUILDING APPLICATIONS. 

THE SIXTH SCHEDULE.—NOTICE OF DEMAND. 

THE SEVENTH SCHEDULE.—FORM OF WARRANT. 

THE  EIGHTH  SCEHDULE.—FORM  OF  INVENTORY  OF  PROPERTY  DISTRAINED  AND  NOTICE  OF 
SALE. 

THE  NINTH  SCHEDULE.—PURPOSES  FOR  WHICH  PREMISES  MAY  NOT  BE  USED  WITHOUT  A 
LICENCE. 

THE TENTH SCHEDULE.—PENALTIES. 

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THE NEW DELHI MUNICIPAL COUNCIL ACT, 1994 

ACT NO. 44 OF 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:— 

[14th July, 1994.] 

CHAPTER I 

PRELIMINARY 

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. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(1) “Administrator” means the Administrator of the National Capital Territory of Delhi; 

(2) “Appellate Tribunal” means an Appellate Tribunal constituted under section 253; 

(3) “budget-grant” means the total sum entered on the expenditure side of a budget estimate under 
a major head and adopted by the Council and includes any sum by which such budget-grant may be 
increased or reduced by transfer from or to other heads in accordance with the provisions of this Act 
and the regulations made thereunder; 

(4) “building”  means  a  house,  out-house,  stable,  latrine,  urinal,  shed,  hut,  wall  (other  than  a 
boundary  wall)  or  any  other  structure,  whether  of  masonry,  bricks,  wood,  mud,  metal  or  other 
material but does not include any portable shelter; 

(5) “bye-law” means a bye-law made under this Act, by notification in the Official Gazette; 

(6) “casual vacancy” means a vacancy occurring otherwise than by efflux of time 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  established  under  the  Delhi 

Municipal Corporation Act, 1957 (66 of 1957); 

(9) “Council” means the New Delhi Municipal Council established under this Act; 

(10) “dangerous disease” means— 

(a) cholera,  plague,  chicken-pox, 
cerebrospinal meningitis and diptheria; and 

small-pox, 

tuberculosis, 

leprosy,  enteric 

fever, 

(b) any  other  epidemic,  endemic  or  infectious  disease  which  the  Chairperson  may,  by 
notification in the Official Gazette, declare to be a dangerous disease for the purposes of this Act; 

(11) “Delhi” means the entire area of the National Capital Territory of Delhi except New Delhi 
and Delhi Cantonment as defined in clause (11) of section 2 of the Delhi Municipal Corporation Act, 
1957 (66 of 1957); 

(12) “drain” includes a sewer, a house drain, a drain of any other description, a tunnel, a culvert, a 
ditch, a channel and any other device for carrying off sewage, offensive matter, polluted water, waste 
water, rain water or sub-soil water; 

(13) “entertainment” includes  any  exhibition,  performance,  amusement,  game  or  sport to  which 

persons are ordinarily admitted on payment; 

(14) “factory” means a factory as defined in the Factories Act, 1948 (63 of 1948); 

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(15) “filth” includes offensive matter and sewage; 

(16) “goods” includes animals; 

(17) “Government” means the Government of the National Capital Territory of Delhi; 

(18) “house-gully”  means  a  passage  or  strip  of  land  constructed,  set  apart  or  utilised  for  the 
purpose  of  serving  as  or  carrying  a  drain  or  affording  access  to  a  latrine,  urinal,  cesspool  or  other 
receptacle for filth or other polluted matter, by municipal employee or other person employed in the 
cleansing 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 of whatever material made which the Council may 
declare to be a hut for the purposes of this Act; 

(20) “inhabitant”, in relation to the municipal area of New Delhi includes any person ordinarily 
residing or carrying on business or owning or occupying immovable property therein and in case of a 
dispute, means any person or persons declared by the Chairperson to be an inhabitant; 

(21) “land”  includes  benefits  to  arise  out  of  land,  things  attached  to  the  earth  or  permanently 

fastened to anything attached to the earth and rights created by law over any street; 

(22) “licensed  engineer”  and  “licensed  plumber”  mean  respectively  a  person  licensed  under the 

provisions of this Act as an engineer and 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  food  whatsoever,  with  or  without  the  consent  of  the  owner  of  such  place 
notwithstanding that there may be no common regulation for the concourse of buyers and sellers and 
whether or not any control is exercised over the business of, or the person frequenting, the market by 
the owner of the place or by any other person; 

(24) “member”,  in  relation  to  the  Council,  means  a  member  of  the  Council  and  includes  the 

Chairperson; 

(25) “municipal market” means a market vested in or managed by the Council; 

(26) “municipal water works” means water works vested in the Council; 

(27) “New Delhi” means the area within the boundaries described in the First Schedule; 

(28) “nuisance”  includes  any  act,  omission,  place,  animal  or  thing  which  causes  or  is  likely  to 
cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or disturbance to 
rest or sleep, or which is or may be dangerous to life or injurious to health or property; 

(29) “occupier” includes— 

(a) any person who for the time being is paying or is liable to pay to the owner the rent or any 

portion of the rent of the land or building in respect of which such rent is paid or is payable; 

(b) an owner in occupation of or otherwise using his land or building; 

(c) a rent-free tenant of any land or building; 

(d) a licensee in occupation of any land or building; and 

(e) any person who is liable to pay to the owner damages for the use and occupation of any 

land or building; 

(30) “offensive matter” includes animal carcasses, kitchen or stable refuse, dung, dirt and putrid 

or putrefying substances other than sewage; 

(31) “Official Gazette” means the Official Gazette of the National Capital Territory of Delhi; 

(32) “owner” includes a person who for the time being is receiving or is entitled to receive, the 
rent of any land or building whether on his own account or on account of himself and others or as an 
agent,  trustee,  guardian  or  receiver  for  any  other  person  or  who  should  so  receive  the  rent  or  be 
entitled to receive it if the land or building or part thereof were let to a tenant and also includes— 

(a) the custodian of evacuee property in respect of evacuee property vested in him under the 

Administration of Evacuee Property Act, 1950 (31 of 1950); and 

14 

 
(b) the  estate  officer  to  the  Government  of  India,  the  Secretary  of  the  Delhi  Development 
Authority, constituted under the Delhi Development Act, 1957 (61 of 1957), the General Manager 
of  a  railway  and  the  head  of  a  Government  department,  in  respect  of  properties  under  their 
respective control; 

(33) “premises” means any land or building or part of a building and includes— 

(a) the garden, ground and out-houses, if any, appertaining to a building or part of a building; 

and 

(b) any fittings affixed to a building or part of a building for the more beneficial 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  and  includes  any  passage 

securing access to two or more places belonging to the same or different owners; 

(37) “public  place”  means  any  place  which  is  open  to  the  use  and  enjoyment  of  the  public, 

whether it is actually used or enjoyed by the public or not; 

(38) “public securities” means any securities of the Central Government or a State Government or 
any securities guaranteed by the Central Government or a State Government or any securities issued 
under  this  Act  or  any  debentures  issued  by  the  Bombay,  Calcutta,  Delhi  or  Madras  Municipal 
Corporation; 

(39) “public  street”  means  any  street  which  vests  in  the  Council  as  a  public  street  or  the  soil 
below the surface of which vests in the Council or which under the provisions of this Act becomes, or 
is declared to be, a public street; 

(40) “railway  administration”  has  the  meaning  assigned  to  it  in  the  Railways  Act,  1989             

(24 of 1989); 

(41) “rate payer” means a person liable to pay any rate, tax, cess or licence fee under this Act; 

(42) “rateable  value”  means  the  value  of  any  land  or  building  fixed  in  accordance  with  the 
provisions of this Act and the bye-laws  made thereunder for the purpose of assessment to property 
taxes; 

(43) “regulation”  means  a regulation  made  by  the  Council  under this  Act  by  notification in  the 

Official Gazette; 

(44) “reside”,— 

(a) a  person  shall  be  deemed  to  “reside”  in  any  dwelling-house  which  or  some  portion  of 

which he sometimes, although not uninterruptedly, uses as a sleeping apartment, and 

(b) a  person  shall  not  be  deemed  to  cease  to  “reside”  in  any  such  dwelling-house  merely 
because he is absent from it or has elsewhere another dwelling-house in which he resides, if there 
is the liberty of returning to it at 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 by notification in the 

Official Gazette; 

(47) “Scheduled  Castes”  means  such  castes,  races  or  tribes  or  parts  of  or  groups  within  such 

castes, races or tribes as are deemed to be Scheduled Castes under article 341 of the Constitution; 

(48) “service passage” or “lane” or “bye-lane” means a passage or strip of land constructed, set 
apart or utilised for the purpose of serving as or carrying a drain or electricity cable (underground or 
over-head)  and any  electrical  and  other  allied installations or any  other civic  services  by  municipal 
employees or other person employed in the service thereof; 

15 

 
(49) “sewage”  means  night-soil  and  other  contents  of  latrines,  urinals,  cesspools  or  drains,  and 
polluted water from sinks, bath-rooms, stables, cattle sheds and other like places and includes trade 
effluents and discharges from factories 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, over which the public have a right of way and also 
the roadway or footway over any bridge or causeway; 

(52) “trade  effluent”  means  any  liquid  either  with  or  without  particles  of  matter  in  suspension 
therein, which is wholly or in part produced in the course of any trade or industry carried on at trade 
premises,  and  in  relation  to  any  trade  premises  means  any  such  liquid  as  aforesaid  which  is  so 
produced  in  the  course  of  any  trade  or  industry  carried  on  at  those  premises,  but  does  not  include 
domestic sewage; 

(53) “trade premises” means any premises used or intended to be used for carrying 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  every  wheeled  conveyance  which  is  used  or  is 
capable of being used on a street; 

(56) “water course” includes any river, stream or channel whether natural or 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  purpose  of, 
supplying water; 

(58) “workshop”  means  any  premises  (including  the  precincts  thereof)  other  than  a  factory, 

wherein any industrial process is carried on; 

(59) “year” means a year commencing on the 1st day of April. 

CHAPTER II 

THE COUNCIL 

Constitution of the Council 

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. 

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) 1[two 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 

1. Subs. by Act 5 of 2012, s. 2, for “three members” (w.e.f. 1-3-2012). 

16 

 
                                                           
(d) 1[four 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[(e) the Member of Parliament, representing constituency which comprises wholly or partly the 

New Delhi area.] 
3* 
* 
4[(3) Out of the thirteen members referred to in sub-section (1), there shall be, at least,— 

* 

* 

* 

(a) three members who are women; 

(b)  two  members  belonging  to  the  Scheduled  Castes,  out  of  which  one  member  shall  be  from 

the members nominated under clause (d) of sub-section (1).] 

(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). 

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  sub-section  (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. 

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. 

Members 

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. 

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  that  the  seat  of  such 
member may be declared vacant. 

1. Subs. by Act 5 of 2012, s. 2, for “two members” (w.e.f. 1-3-2012). 
2. Ins. by s. 2, ibid. (w.e.f. 1-3-2012). 
3. Sub-section (2) omitted by s. 2, ibid. (w.e.f. 1-3-2012). 
4. Subs. by s. 2, ibid., for sub-section (3) (w.e.f. 1-3-2012). 

17 

 
 
 
 
 
 
 
 
 
                                                           
Committees of the Council 

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. 

CHAPTER III 

FUNCTIONS OF THE COUNCIL 

10. General  powers  of  the  Council.—(1) Subject  to  the  provisions  of  this  Act  and  the  rules, 
regulations  and  bye-laws  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. 

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; 

18 

 
(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 inoculation; 

(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. 

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:— 

(a) the furtherance of education including cultural and physical education, by measures other than 

the establishment and maintenance of, and aid to, schools for primary education; 

(b) the establishment and maintenance of, and aid to, libraries, museums, art galleries, botanical 

or zoological collections; 

(c) the  establishment  and  maintenance  of,  and  aid  to,  stadia,  gymnasia,  akharas  and  places  for 

sports and games; 

(d) the planting and care of trees on roadsides and elsewhere; 

19 

 
(e) the surveys of buildings and lands; 

(f) the registration of marriages; 

(g) the taking of a census of population; 

(h) the  provision  of  housing  accommodation  for  the  inhabitants  of  any  area  or  for  any  class  of 

inhabitants; 

(i) the providing of music or other entertainments in public places or places of public resort and 

the establishment of theatres and cinemas; 

(j) the organisation and management of fairs and exhibitions; 

(k) the acquisition of movable or immovable property for any of the purpose before mentioned, 
including  payment  of  the  cost  of  investigations,  surveys  or  examinations  in  relation  thereto  for  the 
construction or adaptation of building necessary for such purposes; 

(l) the construction and maintenance of— 

(i) rest-houses, 

(ii) poor-houses, 

(iii) infirmaries, 

(iv) children‟s homes, 

(v) houses for the deaf and dumb and for disabled and handicapped children, 

(vi) shelters for destitute and disabled persons, 

(vii) asylums for persons of unsound mind; 

(m) the construction and maintenance of cattle pounds; 

(n) the building or purchase and maintenance of dwelling-houses for municipal officers and other 

municipal employees; 

(o) any measures for the welfare of the municipal officers and other municipal employees or any 
class of them including the sanctioning of loans to such officers and employees or any class of them 
for construction of houses and purchase of vehicles; 

(p) the  organisation  or  management  of  chemical  or  bacteriological  laboratories  for  the 
examination or analysis of water, food and drugs for the detection of diseases or research connected 
with the public health or medical relief; 

(q) the provision for relief to destitute and disabled persons; 

(r) the establishment and maintenance of veterinary hospitals; 

(s) the organisation, construction, maintenance and management of swimming pools, public wash 

houses, bathing places and other institutions designed for the improvement of public health; 

(t) the  organisation  and  management  of  farms  and  dairies  within  or  without  New  Delhi  for  the 
supply, distribution and processing of milk and milk products for the benefit of the residents of New 
Delhi; 

(u) the organisation and management of cottage industries, handicraft centres and sales emporia; 

(v) the construction and maintenance of warehouses and godowns; 

(w) the construction and maintenance of garrages, sheds and stands for vehicles and cattle biers; 

(x) the provision for unfiltered water supply; 

(y) the  improvement  of  New  Delhi  in  accordance  with  improvement  schemes  approved  by  the 

Council; 

(z) any measure not hereinbefore specifically mentioned, likely to promote public safety, health, 

convenience or general welfare. 

20 

 
CHAPTER IV 

THE CHAIRPERSON 

13. Appointment, etc., of the Chairperson.—(1) The Central Government shall, by notification in 
the  Official  Gazette,  appoint  a  suitable  person  as  the  Chairperson  of  the  Council  in  accordance  with 
clause (a) of sub-section (1) of section 4. 

(2) The Chairperson so appointed shall hold office for a term of five years in the first instance: 

Provided that his appointment may be renewed from time to time for a term not exceeding one year at 

a time: 

Provided  further  that  where  the  Chairperson  holds  a  lien  on  any  service  under  the  Central 
Government or the Government, the Central Government may at any time after reasonable notice to the 
Council replace his services at the disposal of the concerned Government. 

(3) The Central Government may remove the Chairperson from office at any time if it appears to that 
Government  that  he is incapable  of  performing  the  duties  of his  office  or  has  been  guilty  of  neglect  or 
misconduct in the discharge of such duties, which renders his removal expedient. 

(4) The Chairperson shall not undertake any work unconnected with his office without the sanction of 

the Central Government and of the Council. 

14. Leave  of  absence  of  Chairperson.—(1) Leave  may  be  granted  to  the  Chairperson  by  the 

Administrator. 

(2) Whenever such leave is granted to the Chairperson, the Central Government shall appoint another 

person to officiate as Chairperson in his place. 

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.—(1) The Chairperson shall be paid 
out of the New Delhi Municipal Fund constituted under section 44 such monthly salary and such monthly 
allowances, if any, as may from time to time be fixed by the Central Government and may be given such 
facilities, if any, in relation to residential accommodation, conveyance and the like as may from time to 
time be fixed by that Government: 

Provided  that  the  salary  of  the  Chairperson  shall  not  be  varied  to  his  disadvantage  after  his 

appointment. 

(2) The members shall be entitled to receive allowances for attendance at meeting of Council and of 

any of its committees at such rates as may be determined by rules made in this behalf. 

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— 

(a) exercise all the powers and perform all the duties specifically conferred or imposed upon him 

by this Act or by any other law for the time being in force; 

(b) prescribe the duties of and exercise supervision and control over the acts and proceedings of, 
all municipal officers and other municipal employees and subject to any regulation that may be made 
in this behalf, dispose of all questions relating to the service of the said officers and other employees 
and their pay, privileges, allowances and other conditions of service; 

21 

 
(c) on the occurrence or threatened occurrence of any sudden accident or any unforeseen event or 
natural calamity involving or likely to involve extensive damage to any property of the Council, or 
danger  to  human  life,  take  such  immediate  action  as  he  considers  necessary  and  make  a  report 
forthwith to the Council and the Administrator of the action he has taken and the reasons for the same 
as also of the amount of cost, if any, incurred or likely to be incurred in consequence of such action, 
which is not covered by a budget-grant; and 

(d) subject  to  any  regulation  that  may  be  made  in  this  behalf,  be  the  disciplinary  authority  in 

relation to all municipal officers and other municipal employees. 

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. 

(2) If the Chairperson acquires directly or indirectly, by himself or by his partner, or any other person, 
any share or interest in any such contract or work as is referred to in sub-section (1), he shall, unless the 
Central Government in any particular case otherwise decides, be liable to be removed from his office by 
the order of the authority competent to remove him under the provisions of this Act: 

Provided  that  before  an  order  of  removal  is  made  the  Chairperson  shall  be  given  a  reasonable 

opportunity of showing cause against the action proposed to be taken in regard to him. 

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:— 

(a) that  such  expenditure,  in  so  far  as  it  is  to  be  incurred  in  the  year  in  which  such  power  is 

exercised or duty performed, shall be provided for under a current budget-grant; and 

(b) that  if  the  exercise  of  such  powers  or  the  performance  of  such  duty  involves  or  is  likely  to 
involve expenditure for any period or at any time after the close of the said year, such expenditure 
shall not be incurred without the sanction of the Council. 

CHAPTER V 

PROCEDURE 

Transaction of business by the Council 

21. Meetings.—(1) The  Council  shall  ordinarily  hold  at  least  one  meeting  in  every  month  for  the 

transaction of business. 

(2) The Chairperson and in his absence the Vice-Chairperson may, whenever he thinks fit, and shall, 
upon  a  requisition  in  writing  by  not  less  than  one-fourth  of  the  total  number  of  members,  convene  a 
special meeting of the Council. 

(3) Any meeting may be adjourned until the next or any subsequent date, and an adjourned meeting 

may be further adjourned in like manner. 

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 of 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  despatch,  take  steps  to 
circulate such resolution to every member in such manner as he may think fit. 

22 

 
24. Quorum.—(1) The quorum necessary for the transaction of business at a meeting of the Council 

shall be prescribed by the Central Government. 

(2) If  at  any  time  during  a  meeting  of  the  Council,  there  is  no  quorum,  it  shall  be  the  duty  of  the 
Chairperson  or the  person presiding  over  such  meeting  either to  adjourn  the  meeting  or  to  suspend the 
meeting until there is a quorum. 

(3) Where a meeting has been adjourned under sub-section (2), the business which would have been 
brought before the original meeting if there had been a quorum present there at, shall be brought before, 
and may be transacted at an adjourned meeting, whether there is a quorum present or not. 

25. Presiding  Officer.—1[(1) The  meetings  of  the  Council  shall  be  presided  over,  in  the  following 

order, by,— 

(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 

(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 

(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 

(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 

(e) the Chairperson of the Council.] 

(2) The  Chairperson  or  the  person  presiding  over  a  meeting  shall  have  and  exercise  a  second  or  a 

casting vote in all cases of equality of votes. 

26. Method of deciding questions.—(1) Save as otherwise provided in this Act, all matters required 
to be  decided by the Council shall be decided by the majority of the votes of the members present and 
voting. 

(2) The voting shall be by show of hands, but the Council may, subject to such regulations as may be 

made by it, resolve that any question or class of question shall be decided by ballot. 

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 to  ask 
questions  in  relation  to  the  municipal  government  of  New  Delhi.—(1) Any  municipal  officer 
authorised  by  the  Chairperson  in  this  behalf  may  attend,  speak  in,  or  otherwise  take  part  in  the 
proceedings of, any meeting of the Council or any of its  Committees, but none of the persons specified 
herein shall by virtue of this sub-section be entitled to vote in any such meeting. 

(2) A member may, subject to the provisions of sub-section (3), ask the Chairperson questions on any 
matter  relating  to  the  municipal  government  of  New  Delhi  or  the  administration  of  this  Act  in  any 
meeting of the Council. 

(3) The right to ask a question shall be governed by the following conditions, namely:— 

(a) not less than seven clear days‟ notice in writing specifying the question shall be given to the 

Secretary; 

1. Subs. by Act 5 of 2012, s. 3, for sub-section (1) (w.e.f. 1-3-2012). 

23 

 
                                                           
(b) no question shall— 

(i) bring in any name or statement not strictly necessary to make the question intelligible, 

(ii) contain argument, ironical expressions, imputations, epithets or defamatory statements, 

(iii) ask for an expression of opinion or the solution of a hypothetical proposition, 

(iv) ask as to the character or conduct of any person except in his official or public capacity, 

(v) relate to a matter which is not primarily the concern of the Council, 

(vi) make or imply a charge of a personal character, 

(vii) raise questions  of  policy  too  large  to  be dealt  with  within the limits  of an answer to  a 

question, 

(viii) repeat in substance questions already answered or to which an answer has been refused, 

(ix) ask for information on trivial matters, 

(x) ordinarily ask for information on matters of past history, 

(xi) ask for information set forth in accessible documents or in ordinary works of reference, 

(xii) raise  matters  under  the  control  of  bodies  or  persons  not  primarily  responsible  to  the 

Council, 

(xiii) ask for any information on matter which is under adjudication by a court of law. 

(4) The Chairperson shall not be bound to answer a question if it asks for information which has been 
communicated to him in confidence or if in the opinion of the Chairperson it cannot be answered without 
prejudice to public interest or the interest of the Council. 

(5) The Council may make regulations for the transaction of business at its meetings: 

Provided that the time, place and procedure for the first meeting after the constitution of the Council 

under section 4 shall be determined by the Administrator. 

29. Keeping  of  minutes  and  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.—(1) Minutes 
of  the  proceedings  of  each  meeting  of  the  Council  shall  be  circulated  to  all  the  members  and  shall  at 
reasonable times be available at the municipal office for inspection by any other person on payment of a 
fee of two rupees. 

(2) Full reports, if any, of such proceedings shall similarly be available for inspection, by any member 

without charge and by any other person on payment of a fee of two rupees. 

31. Forwarding  minutes  and  reports  of  proceedings  to  the  Administrator.—(1) The  Secretary 
shall  forward  to  the  Administrator  a  copy  of  the  minutes  of  the  proceedings  of  each  meeting  of  the 
Council,  within ten  days  from  the  date  on  which  the minutes  of the  proceedings  of  such  meeting  were 
signed under section 29. 

(2) The Administrator may also in any case ask for a copy of any paper or all the papers which were 
laid before the Council or any committee thereof and the Secretary shall forward to the Administrator a 
copy of such paper or papers. 

(3) The Secretary shall also forward to the Administrator as soon as may be after the date referred to 
in sub-section (1) a full report of the proceedings of each meeting of the Council, if any such report be 
prepared. 

24 

 
 
Validation 

32. Validation  of  proceedings, etc.—(1) No  act  done  or  proceedings  taken  under this  Act shall  be 

questioned on the ground merely of— 

(a) the seat of any member remaining unfilled from any cause whatsoever; 

(b) the  existence  of  any  vacancy  in,  or  any  defect  in  the  constitution  of,  the  Council  or  in  any 

committee thereof; 

(c) any member having voted or taken part in any proceedings in contravention of section 27; 

(d) any defect or irregularity not affecting the merits of the case. 

(2) Every meeting of the Council or of any committee thereof, the minutes of the proceeding of which 
have been duly drawn up and signed shall be deemed to have been duly convened and to be free from all 
defects and irregularities. 

CHAPTER VI 

MUNICIPAL OFFICERS AND OTHER MUNICIPAL EMPLOYEES 

33. Appointment  of  certain  officers.—(1) The  Council  shall  appoint  suitable  persons  to  be  the 
Secretary and Chief Auditor of the Council, and such other officer or officers as the Council may deem fit 
on such monthly salaries and such allowances, if any, as may be fixed by the Council: 

Provided that the Chief Auditor shall not be  eligible for any other office under the Council after he 

has ceased to hold this office. 

(2) The appointment of the Secretary and the Chief Auditor shall be made with the previous approval 

of the Administrator. 

34. Schedule  of  permanent  posts  and  creation  of  temporary  posts.—(1) The  Chairperson  shall 
from time to time prepare and lay before the Council a Schedule of category „A‟ and category „B‟ posts 
other than the posts of Secretary and Chief Auditor specified in section 33, setting forth the designations 
and grades of municipal officers and other municipal employees who should be maintained permanently 
in the service of the Council indicating therein the salaries, fees and allowances which are proposed to be 
paid to such officers and other employees. 

(2) The  Council  shall  approve  and  sanction  the  Schedule  either  without  modifications  or  with  such 

modifications as it thinks fit or may amend it either on its own motion or otherwise. 

(3) The  Chairperson  may  create  any  category  „B‟,  or  category  „C‟,  or  Category  „D‟  post  and  for  a 

period not exceeding six months any category „A‟ post: 

Provided that no such category „A‟ post shall be beyond the said period without the previous approval 

of the Council. 

(4) In this section and in section 36— 

(i) “category „A‟ post” means any post, which having regard to its scale of pay or emoluments, 
would, if such post had been in the Central Government, be classified as a Group „A‟ post under the 
Central Government in accordance with the orders issued by that Government from time to time; 

(ii) “category „B‟ post” means any post which having regard to its scale of pay or emoluments, 
would, if such post had been in the Central Government, be classified as a Group „B‟ post under the 
Central Government in accordance with the orders issued by that Government from time to time; 

(iii) “category „C‟ posts” means any post, which having regard to its scale of pay or emoluments 
would, if such post had been in the Central Government, be classified as a Group „C‟ post under the 
Central Government, in accordance with the orders issued by that Government from time to time; 

(iv) “category „D‟ posts” means any post, other than a category  „A‟ or category „B‟ or category 

„C‟ post. 

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 

25 

 
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.—(1) Subject  to  the  provisions  of  section  33,  the  power  of 

appointing municipal officers and other municipal employees, whether temporary or permanent,— 

(a) to category „A‟, category „B‟ and category „C‟ posts, shall vest in the Chairperson; and 

(b) to category „D‟ posts shall vest in the Secretary. 

(2) The claims of the members of the Scheduled Castes shall be taken into consideration, consistently 
with the maintenance of efficiency of administration, in the making of appointments of municipal officers 
and other municipal employees. 

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. 

(2) If any such officer or other employee acquires, directly or indirectly, by himself or by a partner or 
any other person, any share or interest in any such contract or work as is referred to in sub-section (1), he 
shall unless the authority appointing him in any particular case otherwise decides, be liable to be removed 
from his office by an order of such authority: 

Provided  that  before  an  order  of  removal  is  made,  such  officer  or  other  employee  shall  be  given  a 

reasonable opportunity of showing cause against the action proposed to be taken in regard to him. 

39. Punishment for municipal officers and other employees.—(1) Every municipal officer or other 
municipal  employee  shall  be  liable  to  have  his  increments  or  promotion  withheld  or  to  be  censured, 
reduced  in  rank,  compulsorily  retired,  removed  or  dismissed  for  any  breach  of  any  departmental 
regulations  or  of  discipline  or  for  carelessness,  unfitness,  neglect  of  duty  or  other  misconduct  by  such 
authority as may be prescribed by regulation: 

Provided that no such officer or other employee as aforesaid shall be reduced in rank, compulsorily 

retired, removed or dismissed by an authority subordinate to that by which he was appointed: 

Provided further that the Council may by regulations provide that municipal employees belonging to 
such classes or categories as may be specified in the regulations shall be liable also to be fined by such 
authority as may be specified therein. 

(2) No  such  officer  or  other  employee  shall  be  punished  under  sub-section  (1)  unless  he  has  been 
given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him: 

Provided that this sub-section shall not apply— 

(a) where an officer or other employee is removed or dismissed on the ground of conduct which 

had led to his conviction on a criminal charge; or 

(b) where  the  authority  empowered  to  remove  or  dismiss  such  officer  or  other  employee  is 
satisfied that for some reason, to be recorded by that authority, it is not reasonably practicable to give 
that person an opportunity of showing cause. 

(3) If  any  question  arises  whether  it  is  not  reasonably  practicable  to  give  any  officer  or  other 
employee  an  opportunity  of  showing  cause  under  sub-section  (2),  the  decision  thereon  of  the  authority 
empowered to remove or dismiss such officer or other employee shall be final. 

(4) An officer or other employee upon whom a punishment has been inflicted under this section may 

appeal to such officer or authority as may be prescribed by regulations: 

Provided  that  in  the  case  of  an  officer  or  other  employee  appointed  by  the  Chairperson,  an  appeal 

shall lie to the Administrator. 

26 

 
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— 

(a) to any acting or temporary post for a period not exceeding one year; or 

(b) to such ministerial posts as may from time to time be specified by the Council in consultation 

with the Commission when such posts are to be filled by promotion; or 

(c) to  a post  when  at  the  time  of  such  appointment  the  person  to  be  appointed  thereto  is  in  the 

service of the Central Government or a State Government in a Group A post; 

(d) to a permanent or temporary post, if the officer or other employee to be appointed is not likely 
to hold that post for more than one year; or if such officer or other employee is likely to hold the post 
for  more  than  one  year  but  not  more  than  three  years  and  the  Commission  advises  that  the 
appointment may be made without consulting the Commission; or 

(e) to  such  other  posts,  as  may,  from  time  to  time,  be  specified  by  the  Central  Government  in 

consultation with the Commission. 

41. Power of Commission to make regulations and reference to the Central Government in case 
of difference between the Commission and the Council.—(1) The Commission may make regulations 
for the following matters, namely:— 

(a) the  procedure to  be  followed  by  the  Commission  in  advertising  posts,  inviting  applications, 

scrutinising the same and selecting candidates for interview; 

(b) the procedure to be followed by the Commission for selecting candidates for appointment and 

by the Council for consultation with the Commission; 

(c) any other matter which is incidental to, or necessary for, the purpose of consultation with the 

Commission. 

(2) In the case of any difference of opinion between the Commission and the Council on any matter, 
the Council shall refer the matter to the Central Government and the decision of that Government thereon 
shall be final. 

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.—(1) The Council may make regulations to provide for 

any one or more of the following matters, namely:— 

(a) the  tenure  of  office,  salaries  and  allowances,  provident  funds,  pensions,  gratuities,  leave  of 
absence and other conditions of service of officers and other employees appointed under this Chapter; 

(b) the powers, duties and functions of Secretary; 

(c) the qualifications of candidates for  appointment to posts specified in section 33 and to posts 
dealt  with  in  the  Schedule  of  posts  referred  to  in  sub-section  (1)  of  section  34  and  the  manner  of 
selection for appointments to such posts; 

(d) the  procedure  to  be  followed  in  imposing  any  penalty  under  sub-section  (1)  of  section  39, 
suspension pending departmental inquiries before the imposition of such penalty and the authority by 
whom  such  suspension  may  be  ordered;  the  officer  or  authority  to  whom  an  appeal  shall  lie  under 
sub-section (4) of that section; 

(e) any  other  matter  which  is  incidental  to  or  necessary  for,  the  purpose  of  regulating  the 
appointment and conditions of service of persons appointed to services and posts under the Council 
and  any  other  matter  for  which  in  the  opinion  of  the  Council  provisions  should  be  made  by 
regulations. 

27 

 
(2) No regulation under clause (c) of sub-section (1) shall be made except after consultation with the 

Commission. 

CHAPTER VII 

REVENUE AND EXPENDITURE 

The New Delhi Municipal Fund 

44. Constitution of the New Delhi Municipal Fund.—(1) Save as otherwise provided in this Act— 

(a) all funds which immediately before the establishment of the Council vested in the New Delhi 

Municipal Committee; 

(b) all moneys received by or on behalf of the Council under the provisions of this Act or of any 

other law for the time being in force, or under any contract; 

(c) all proceeds of the disposal of property by, or on behalf of, the Council; 

(d) all rents accruing from any property of the Council; 

(e) all moneys raised by any tax, rate or cess levied for the purposes of this Act; 

(f) all fees collected and all fines levied under this Act or under any rule, regulation or bye-law 

made thereunder; 

(g) all  moneys  received  by  or  on  behalf  of  the  Council  from  the  Government  or  Central 

Government or any individual or association of individuals by way of grant or gift or deposit; 

(h) all interests and profits arising from any investment of, or from any transaction in connection 

with, any money belonging to the Council, including loans advanced under this Act; and 

(i) all moneys received by or on behalf of the Council from any other source whatsoever,  

shall form one Fund to be entitled “the Municipal Fund of New Delhi” (hereafter in this Act referred to as 
“the New Delhi Municipal Fund”). 

(2) The New Delhi Municipal Fund shall be held by the Council in trust for the purposes of this Act 
subject to the provisions herein contained and a General Account relating to all moneys received by or on 
behalf of the Council shall be maintained. 

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.—(1) Save  as  otherwise  provided  in  this  Act  no  payment  shall  be 
made  by  the  State  Bank  of  India  out  of  the  New  Delhi  Municipal  Fund  except  on  a  cheque  signed  by 
both— 

(a) the Financial Adviser or an officer subordinate to him authorised by the Chairperson in this 

behalf; and 

(b) the  Chairperson  or  the  Secretary  or  an  officer  subordinate  to  the  Chairperson  authorised  by 

him in this behalf. 

(2) Payment of any sum due by the Council in excess of five hundred rupees shall be made by means 

of a cheque signed in accordance with sub-section (1) and not in any other way. 

(3) Payments not covered by sub-section (2) may be made in cash. 

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:— 

(a) refund of taxes and other moneys which are authorised under this Act; 

28 

 
(b) repayment  of  moneys  belonging  to  contractors  or  other  persons  and  held  in  deposit  and  of 

moneys collected or credited to the New Delhi Municipal Fund by mistake; 

(c) sums payable in any of the following circumstances— 

(i) under  orders  of  the  Central  Government  on  failure  of  the  Council  to  take  any  action  as 

required by that Government; or 

(ii) under any other enactment for the time being in force; or 

(iii) under the decree or order of a civil or criminal court passed against the Council; or 

(iv) under a compromise of any claim, suit or other legal proceedings; or 

(v) on  account  of  cost    incurred  in    taking  immediate    action    by    the    Chairperson  under 
clause  (c)  of  section  18 to  avert  a  sudden  threat  of  danger  to  the  property  of  the  Council  or  to 
human life; 

(d) temporary  payments  for  works  urgently  required  by  the  Central  Government  in  the  public 

interest; 

(e) sums  payable  as  compensation  under  this  Act  or  under  any  rules,  regulations  or  bye-laws 

made thereunder; 

(f) expenses  incurred  under  section  287  by  the  Chairperson  on  special  measures  taken  on  the 

outbreak of dangerous diseases. 

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— 

(a) required for a purpose or work specifically sanctioned by the proper authority and covered by 

a current budget-grant, or 

(b) required for any payment referred to or specified in section 47. 

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.—(1) The moneys from time to time credited to the 
New  Delhi  Municipal  Fund  shall  be  applied  in  payment  of  all  sums,  charges  and  costs  necessary  for 
carrying out the provisions of this Act, and of the rules, regulations and bye-laws made thereunder, or of 
which payment is duly directed, sanctioned or required by or under any of the provisions of this Act. 

(2) Such  moneys  shall  likewise  be  applied  in  payment  of  all  sums  payable  out  of  the  New  Delhi 

Municipal Fund under any other enactment for the time being in force. 

51. Temporary payments from the New Delhi Municipal Fund for works urgently required for 
the  public  service.—(1) On  the  written  requisition  of  a  Secretary  to  the  Central  Government,  the 
Chairperson  may  at  any  time  undertake  the  execution  of  any  work  certified  by  such  Secretary  to  be 
urgently required in public interest, and for this purpose may temporarily make payments from the New 
Delhi Municipal Fund so far as the same can be met without unduly interfering with the regular work of 
the Council. 

(2) The  cost  of  work  so  executed  and  of  the  establishment  engaged  in  executing  the  same  shall  be 

paid by the Central Government and credited to the New Delhi Municipal Fund. 

(3) On the receipt of any requisition under sub-section (1) the Chairperson shall forthwith forward a 

copy thereof to the Council together with a report of the steps taken by him in pursuance of the same. 

52. Investment of surplus moneys.—(1) Surplus money standing at the credit of General Account of 
the  New  Delhi  Municipal  Fund  which  cannot  immediately  be  applied  for  the  purposes  specified  in  
section 50 shall be deposited in the State Bank of India or in such scheduled bank or banks as the Council 
may select or be invested in public securities. 

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(2) The loss, if any, arising from such deposit or investment shall be debited to the General Account 

of the New Delhi Municipal Fund. 

53. Constitution  of  Finance  Commission.—(1) After  the  commencement  of  this  Act  the  Finance 
Commission referred to in sub-section (1) of section 107A of the Delhi Municipal Corporation Act, 1957 
(66  of  1957),  shall  review  the  financial  position  of  the  Council  and  make  recommendations  to  the 
Administrator as to,— 

(a) the principles which should govern,— 

(i) the distribution between the National Capital Territory of Delhi and the Council of the net 
proceeds  of  the  taxes,  duties,  tolls  and  fees  leviable  by  the  National  Capital  Territory  of  Delhi 
which may be divided between them; 

(ii) the  determination  of  the  taxes,  duties,  tolls  and  fees  which  may  be  assigned  to  or 

appropriated by, the Council; 

(iii) the  grants-in-aid  to  the  Council  from  the  Consolidated  Fund  of  the  National  Capital 

Territory of Delhi; 

(b) the measures needed to improve the financial position of the Council, 

(c) any other matter referred to the Finance Commission by the Administrator in the interest of 

sound finance of the Council. 

(2) The Administrator shall cause every recommendation made by the Commission under this section 
together  within  an  explanatory  memorandum  as  to  the  action  taken  thereon  to  be  laid  before  the 
Legislative Assembly of the National Capital Territory of Delhi. 

Special Funds 

54. Constitution  of  special  funds.—(1) The  Council  shall  constitute  such  special  fund  or  funds  as 
may be prescribed by regulations and such other funds necessary for the purposes of this Act as may be so 
prescribed. 

(2) The  constitution  and  disposal  of  such  funds  shall  be  effected  in  the  manner  laid  down  by 

regulations. 

Budget estimates 

55. Adoption  of  budget  estimates.—(1) The  Council  shall,  on  or  before  the  31st  day  of  March  of 
every year, adopt for the ensuing year the budget estimate which shall be an estimate of the income and 
expenditure of the Council to be received and incurred on account of the municipal government of New 
Delhi. 

(2) On or before the 15th day of February of each year the Council shall determine the rates at which 
various municipal taxes, rates and cesses shall be levied in the next following year and save as otherwise 
provided in this Act the rates so fixed shall not be subsequently altered for the year for which they have 
been fixed. 

(3) Budget estimates shall be prepared in such form as may be approved by the Council and presented 
and adopted in such manner and shall provide for all such matters as are prescribed by regulations made 
in this behalf. 

56. Power of Council to alter budget estimates.—(1) On the recommendation of the Chairperson in 

respect of the budget estimate, the Council may from time to time, during the year, 

(i) increase the amount of budget-grant under any head; 

(ii) make  additional  budget-grant  for  the  purpose  of  meeting  any  special  or  unforeseen 

requirement arising during the said year; 

(iii) transfer the amount or portion of the amount of the budget-grant under any head to any other 

head; or 

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(iv) reduce the amount of the budget-grant under any head: 

Provided that due regard shall be had to all the requirements of this Act and in making any increase or 
any additional budget-grant, the estimated cash balance at the close of the year shall not be reduced below 
the  sum  of  one  lakh  rupees  or  such  higher  sum  as  the  Council  may  determine  in  respect  of the  budget 
estimate. 

(2) Every  increase  in  a  budget-grant  and  every  additional  budget-grant  made  in  any  year  under       

sub-section (1) shall be deemed to be included in the budget estimates finally adopted for that year. 

(3) The Council may from time to time during the year— 

(a) reduce the amount of a budget-grant; or 

(b) sanction the transfer of any amount within a budget-grant. 

(4) The Chairperson may from time to time during the year sanction the transfer of any amount  not 

exceeding ten thousand rupees within a minor head if such transfer does not involve a recurring liability: 

Provided that every such transfer if it exceeds ten thousand rupees shall be reported forthwith by the 
Chairperson to the Council and the Chairperson shall give effect to any order that may be passed by the 
Council in relation thereto. 

57. Power of  Council  to  re-adjust  income  and expenditure  during the year.—(1) If  at  any  time 
during the year it appears to the Council that, notwithstanding any reduction of budget-grant that has been 
made under section 56 the income of the New Delhi Municipal Fund during the same year will not suffice 
to meet the expenditure sanctioned in the budget estimates of that year and to leave at the close of the year 
the  cash  balance  specified  in  or  determined  under  the  proviso  to  sub-section  (1)  of  section  56,  then,  it 
shall be incumbent on the Council to sanction forthwith any measures which it may consider necessary 
for adjusting the year‟s income to the expenditure. 

(2) For the purposes of sub-section (1), the Council may either diminish the sanctioned expenditure of 
the  year  so  far  as  it  may  be  possible  so  to  do  with  regard  to  all  the  requirements  of  this  Act,  or  have 
recourse to supplementary taxation under section 97 or to an increase of the rates of cesses, fees, fares and 
other charges leviable under this Act, or to adopt all or any of these methods. 

(3) If the whole or any part of any budget-grant included in the budget estimates for a year remains 
unexpended  at  the  close  of  that  year,  and  the  amount  thereof  has  not  been  taken  into  account  in  the 
opening balance entered in the budget estimates of any of the next two following years, the Chairperson 
may sanction the expenditure of such budget-grant or the unexpended portion thereof during the next two 
following  years  for  the  completion  of  the  purpose  or  object  for  which  the  budget-grant  was  originally 
made and not for any other purpose or object. 

ACCOUNTS AND AUDIT 

Scrutiny and audit of accounts 

58. Accounts 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.—(1) The Chief Auditor shall conduct a monthly examination and audit of the accounts of 
the  Council  and  shall  report  thereon  to  the  Chairperson,  who  shall  publish  monthly  an  abstract  of  the 
receipts and expenditure of the month last proceeding signed by him and by the Chief Auditor. 

(2) The  Chairperson  may  also, from  time  to time  and  for such  period,  as he  may  think  fit,  conduct 

independently any examination and audit of the accounts of the Council. 

(3) For the purpose of examination and audit of the accounts of the Council, the Chief Auditor shall 

have access to all the accounts of the Council and to all records and correspondence relating thereto. 

(4) The Chief Auditor shall audit the accounts of the Council with the assistance of the officers and 

other employees subordinate to him. 

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(5) In the discharge of his functions under this section the Chief Auditor shall,— 

(a) audit the accounts of expenditure from the revenue of the Council, expenditure on account of 
loan works and expenditure incurred out of special funds and shall ascertain whether moneys shown 
therein as have been disbursed were legally available for, and applicable to, the service or purpose to 
which  they  have  been  applied  or  charged,  and  whether  the  expenditure  conforms  to  the  authority 
which governs it; 

(b) audit  the  accounts  of  debts,  deposits,  sinking  funds,  advances,  suspense  and  remittance 
transactions of the Council and report upon those accounts and upon the results of verification of the 
balance relating thereto. 

(6) The Chief Auditor shall examine and audit the statement of accounts relating to the commercial 
services conducted in any department of the Council including the trading, manufacturing and profit and 
loss accounts, and the balance-sheets where such accounts are maintained under the orders of the Council 
and shall certify and report upon these accounts. 

(7) The Chief Auditor shall in consultation with the Chairperson and subject to any directions given 
by the Council determine the form and manner in which his reports on the accounts of the Council shall 
be prepared and shall have authority to call upon any officer of the Council to provide any information 
necessary for the preparation of these reports. 

(8) The Chief Auditor may make such queries and observations in relation to any of the accounts of 
the Council which he is required to audit and call for such vouchers, statements, returns and explanation 
in relation to such accounts as he may think fit. 

(9) Every  such  query  or  observation  as  aforesaid  shall  be  promptly  taken  into  consideration  by  the 
officer or authority to whom it may be addressed and returned without delay with the necessary vouchers, 
documents or explanations to the Chief Auditor. 

(10) The power of the Chief Auditor with regard to the disapproval of, and the procedure with regard 
to the settlement of objections to expenditure from the revenues of the Council shall be such as may be 
prescribed by the Chairperson in Consultation with Chief Auditor, and with the approval of the Council. 

(11) If the Chief Auditor considers it desirable that the whole or any part of the audit applied to any 
accounts which he is required to audit shall be conducted in the offices in which those accounts originate 
he may require that those accounts, together with all books and documents having relation thereto, shall at 
all convenient times be made available in the said offices for inspection. 

(12) The Chief Auditor shall have the power to require that any books or other documents relating to 

the accounts he is required to audit shall be sent for inspection by him: 

Provided that if the documents are confidential, he shall be responsible for preventing disclosure of 

their contents. 

(13) The  Chief  Auditor  shall  have  authority  to  frame  standing  orders  and  to  give  directions  on  all 
matters relating to audit, and particularly, in respect of the method and the extent of audit to be applied 
and the raising and pursuing the objections. 

(14) Expenditure sanctioned by the Chief Auditor shall be audited by an officer to be nominated by 

the Council. 

(15) The Chief Auditor shall report to the Chairperson any material impropriety or irregularity which 
he may at any time observe in the expenditure or in the recovery of moneys due to the Council or in the 
accounts of the Council. 

(16) The  Chairperson  shall  cause  to  be  laid  before  the  Council  every  report  made  by  the  Chief 
Auditor to the Chairperson and every statement of the views of the Chief Auditor on any matter affecting 
the exercise and performance of the powers and duties assigned to him under this Act and the Council 
may take such action in regard to any of the matters as aforesaid as the Council may deem necessary. 

(17) As soon as may be after the commencement of each year, the Chief Auditor shall deliver to the 

Council a report of the entire accounts of the Council for the previous year. 

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(18) The Chairperson shall cause the said report to be  printed and shall forward as soon as may be 

printed copy thereof to each member of the Council. 

(19) The Chairperson shall also forward without delay to the Government so many copies of the said 
report, as may be required by the Government with a brief statement of the action taken or proposed to be 
taken if any: 

Provided that the Government may at any time appoint auditor for the purpose of making a special 
audit of the General Account of the New Delhi Municipal Fund and reporting thereon to the Government 
and  the  costs  of  such  audit,  as  determined  by  the  Government,  shall  be  chargeable  to  the  New  Delhi 
Municipal  Fund.  The  auditor  so  appointed  may  exercise  any  power  which  the  Chief  Auditor  may 
exercise.  

CHAPTER VIII 

TAXATION 

Levy of taxes 

60. Taxes to be imposed by the Council under this Act.—(1) The Council shall for the purposes of 

this Act, levy the following taxes, namely:— 

(a) property tax; 

(b) a tax on vehicles and animals; 

(c) a theatre-tax; 

(d) a tax on advertisements other than advertisements published in the newspapers; 

(e) a duty on the transfer of property; and 

(f) a tax on buildings payable along with the application for sanction of the building plan. 

(2) In addition to the taxes specified in sub-section (1) the Council may, for the purposes of this Act; 

levy any of the following taxes, namely:— 

(a) an education cess; 

(b) a tax on professions, trades, callings and employments; 

(c) a tax on the consumption, sale or supply of electricity; 

(d) a  betterment  tax  on  the  increase  in  urban  land  values  caused  by  the  execution  of  any 

development or improvement work; 

(e) tolls. 

(3) The taxes specified in sub-section (1) and sub-section (2) shall be levied, assessed and collected in 

accordance with the provisions of this Act and the bye-laws made thereunder. 

Property tax 

61. Rates  of  property  tax.—(1) Save  as  otherwise  provided  in  this  Act,  the  property  tax  shall  be 
levied on lands and buildings in New Delhi and shall consist of not less than ten and not more than thirty 
per cent. of the rateable value of lands and buildings: 

Provided that the Council may, when fixing the rate at which the property tax shall be levied during 
any  year,  determine  that  the  rate  leviable  in  respect  of  lands  and  buildings  or  portions  of  lands  and 
buildings  in  which  any  particular  class  of  trade  or  business  is  carried  on  shall  be  higher  than  the  rate 
determined in respect of other lands and buildings or portions of other lands and buildings by an amount 
not exceeding one-half of the rate so fixed: 

Provided further that the tax may be levied on graduated scale, if the Council so determines. 

Explanation.—Where  any  portion  of  a  land  or  building  is  liable  to  a  higher  rate  of  the  tax  such 

portion shall be deemed to be a separate property for the purpose of municipal taxation. 

33 

 
(2) The Council may exempt from the tax lands and buildings of which the rateable value does not 

exceed one thousand rupees. 

62. Premises in respect of which property tax is to be levied.—(1) Save as otherwise provided in 

this Act, the property tax shall be levied in respect of all lands and buildings in New Delhi except— 

(a) lands  and  buildings  or  portions  of  lands  and  buildings  exclusively  occupied  and  used  for 

public worship or by a society or body for a charitable purpose: 

Provided  that  such  society  or  body  is  supported  wholly  or  in  part  by  voluntary  contributions, 
applies its profits, if any, or other income in promoting its objects and does not pay any dividend or 
bonus to its members. 

Explanation.— “Charitable purpose” includes relief of the poor, education and medical relief but 

does not include a purpose which relates exclusively to religious teaching; 

(b) lands and buildings vested in the Council, in respect of which the said tax, if levied, would 

under the provisions of this Act be leviable primarily on the Council; 

(c) agricultural lands and buildings (other than dwelling houses). 

(2) Lands and buildings or portions thereof shall not be deemed to be exclusively occupied and used 
for public worship or for a charitable purpose within the meaning of clause (a) of sub-section (1) if any 
trade or business is carried on in such lands and buildings or portions thereof or if in respect of such lands 
and buildings or portions thereof, any rent is derived. 

(3) Where any portion of any land or building is exempt from the property tax by reason of its being 
exclusively occupied and used for public worship or for a charitable purpose such portion shall be deemed 
to be a separate property for the purpose of municipal taxation. 

63. Determination of rateable value of lands and buildings assessable to property tax.—(1) The 
rateable value of any lands or building assessable to any property taxes shall be the annual rent at which 
such  land  or  building  might  reasonably  be  expected  to  let  from  year  to  year  less  a  sum  equal  to              
ten  per  cent.  of  the  said  annual  rent  which  shall  be  in  lieu  of  all  allowances  for  cost  of  repairs  and 
insurance, and other expenses, if any, necessary to maintain the land or building in a state to command 
that rent: 

Provided that in respect of any land or building the standard rent of which has been fixed under the 
Delhi Rent Control Act, 1958 (59 of 1958) the rateable value thereof shall not exceed the annual amount 
of the standard rent so fixed. 

(2) The rateable value of any land which is not built upon but is capable of being built upon and of 
any land on which a building is in process of erection shall be fixed at five per cent. of estimated capital 
value of such land. 

(3) All plant and machinery contained or situate in or upon any land or building and belonging to any 
of the classes specified from time to time by public notice by the Chairperson with the approval of the 
Council, shall be deemed to form part of such land or building for the purpose of determining the rateable 
value  thereof  under sub-section (1)  but  save  as  aforesaid  no  account  shall  be taken  of the  value of  any 
plant or machinery contained or situated in or upon any such land or building. 

64. Charge for supply of water.—(1) A charge shall be levied for the water supplied to any land or 
building  by  measurement  at  such  rate  as  shall  from  time  to  time  be  prescribed  by  the  Council  in  this 
behalf. 

(2) The Council may prescribe such conditions as it may think fit regarding the use of the water and 

regarding the charges to be paid for water consumed whilst a meter is out of order or under repair: 

Provided  that  no  condition  prescribed  under  this  sub-section  shall  be  inconsistent  with  this  Act  or 

with any bye-law made thereunder. 

(3) Any sum payable by a person, who is charged for water supplied, and not paid when it becomes 

due shall be recoverable as an arrear of tax under this Act. 

(4) In prescribing charges for water supplied by measurement under sub-section (1), it shall be lawful 

for the Council to prescribe different rates in respect of different classes of lands and buildings. 

34 

 
65. Taxation  of  Union  properties.—(1) Notwithstanding  anything  contained  in  the  foregoing 
provisions of this  Chapter,  lands and  buildings  being  properties  of the  Union  shall  be  exempt  from  the 
property tax specified in section 61: 

Provided that nothing in this sub-section shall prevent the Council from levying property tax on such 
lands and buildings to which immediately before the 26th January, 1950, they were liable or treated as 
liable, so long as that tax continues to be levied by the Council on other lands and buildings. 

(2) Where the possession of any land or building, being property of the Union, has been delivered in 

pursuance  of  section  20  of  the  Displaced  Persons  (Compensation  and  Rehabilitation)  Act,  1954             
(44 of 1954) to a displaced person, or any association of displaced persons, whether incorporated or not, 
or  to  any  other  person  [hereafter  in  this  sub-section  and  the  proviso  to  sub-section  (1)  of  section  66 
referred to as the transferee], the property tax specified in section 61 shall be leviable and shall be deemed 
to have been leviable in respect of such land or building with effect from the 7th day of April, 1958 or the 
date  on  which  possession  thereof  has  been  delivered  to  the  transferee,  whichever  is  later,  and  such 
property tax shall, notwithstanding anything contained in any other provision of this Act, be recoverable 
with effect from that day or date, as the case may be. 

66. Incidence of property tax.—(1) The property tax shall be primarily leviable as follows:— 

(a) if the land or building is let, upon the lessor; 

(b) if the land or building is sub-let, upon the superior lessor; 

(c) if the land or building is unlet, upon the person in whom the right to let the same vests: 

Provided that the property tax in respect of land and building, being property of the Union, possession 
of  which  has  been  delivered  in  pursuance  of  section  20  of  the  Displaced  Persons  (Compensation  and 
Rehabilitation) Act, 1954 (44 of 1954) shall be primarily leviable upon the transferee. 

(2) If any land has been let for a term exceeding one year to a tenant and such tenant has built upon 
the  land,  the  property  tax  assessed  in  respect  of  that  land  and  the  building  erected  thereon  shall  be 
primarily leviable upon the said tenant, whether the land and building are in the occupation of such tenant 
or a sub-tenant of such tenant. 

Explanation.—The term “tenant” includes any person deriving title to the land or the building erected 

upon such land from the tenant whether by operation of law or by transfer inter vivos. 

(3) The liability of the several owners of any buildings which is, or purports to be, severally owned in 
parts or flats or rooms, for payment of property tax or any instalment thereof payable during the period of 
such ownership shall be joint and several. 

67. Apportionment of liability for property tax when the premises are let or sub-let.—(1) If any 
land or building assessed to property tax is let, and its rateable value exceeds the amount of rent payable 
in respect thereof to the person upon whom under the provision of section 66 the said tax is leviable, that 
person shall be entitled to receive from his tenant the difference between the amount of the property tax 
levied upon him and the amount which would be leviable upon him if the said tax was calculated on the 
amount of rent payable to him. 

(2) If  the  land  or  building  is  sub-let  and  its  rateable  value  exceeds  the  amount  of  rent  payable  in 
respect  thereof  to  the  tenant  by  his  sub-tenant,  or  the  amount  of  rent  payable  in  respect  thereof  to  a      
sub-tenant  by  the  person  holding  under  the  sub-tenant,  the  tenant  shall  be  entitled  to  receive  from  his   
sub-tenant or the sub-tenant shall be entitled to receive from the person holding under him, as the case 
may be, the difference between any sum recovered under this section from such tenant or sub-tenant and 
the amount of property tax which would be liable in respect of the said land or building if the rateable 
value  thereof  were equal  to  the  difference  between  the  amount  of  rent  which such  tenant  or  sub-tenant 
receives and the amount of rent which he pays. 

(3) Any person entitled to receive any sum under this section shall have, for the recovery thereof, the 
same rights and remedies as if such sum were rent payable to him by the person from whom he is entitled 
to receive the same. 

68. Recovery  of  property  tax  from  occupiers.—(1) On  the  failure  to  recover  any  sum  due  on 
account of property tax in respect of any land or building from the person primarily liable therefor under 

35 

 
section 66, the Chairperson shall recover from every occupier of such land or building by attachment, in 
accordance with section 108 of the rent payable by such occupier, a portion of the total sum due which 
bears, as nearly as may be, the same proportion to that sum as the rent annually payable by such occupier 
bears to the total amount of rent annually payable in respect of the whole of the land or building. 

(2) An  occupier  from  whom  any  sum  is  recovered  under  sub-section  (1)  shall  be  entitled  to  be 
reimbursed  by  the  person  primarily  liable  for  the  payment,  and  may  in  addition  to  having  recourse  to 
other  remedies  that  may  be  open to  him,  deduct the amount  so  recovered from  the  amount  of  any  rent 
from time to time becoming due from him to such person. 

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— 

(a) in  the  case  of  any  land  or  building  held  immediately  from  the  Council  or  Government  or 
Central Government, upon the interest in such land or building of the person liable for such tax and 
upon the goods and other movable properties, if any, found within or upon such land or building and 
belonging to such person; and 

(b) in the case of any other land or building, upon such land or building and upon the goods and 
other  movable  properties,  if  any,  found  within  or  upon  such  land  or  building  and  belonging  to  the 
person liable for such tax. 

Explanation.—The  term  “property  tax”  in  this  section  shall  be  deemed  to  include  the  costs  on 

recovery of property tax and the penalty, if any, payable as specified in the bye-laws. 

70. Assessment  list.—(1) Save  as  otherwise  provided  in  this  Act,  the  Council  shall  cause  an 
assessment  list  of  all  lands  and  buildings  in  New  Delhi  to  be  prepared  in  such  form  and  manner  and 
containing such particulars with respect to each land and building as may be prescribed by bye-laws. 

(2) When the assessment list has been prepared the Chairperson shall give public notice thereof and 
of the place where the list or a copy thereof may be inspected, and every person claiming to be the owner, 
lessee or occupier of any  land or building included in the list and any authorised agent of such person, 
shall be at liberty to inspect the list and to take extracts therefrom free of charge. 

(3) The  Chairperson  shall,  at  the  same  time,  give  public  notice  of  a  date,  not  less  than  one  month 
thereafter,  when  he  will  proceed  to  consider  the  rateable  values  of  lands  and  buildings  entered  in  the 
assessment list; and in all cases in which any land or building is for the first time assessed, or the rateable 
value of any land or building is increased, he shall also give written notice thereof to the owner or to any 
lessee or occupier of the land or building. 

(4) Any  objection  to  a  rateable  value  or  any  other  matter  as  entered  in  the  assessment  list  shall  be 
made in writing to the Chairperson before the date fixed in the notice and shall state in what respect the 
rateable value, or other matter is disputed, and all objections so made shall be recorded in a register to be 
kept for the purpose. 

(5) The  objections  shall  be  inquired  into  and  investigated,  and  the  persons  making  them  shall  be 
allowed an opportunity of being heard either in person or by authorised agent, by the Chairperson or by 
any officer of the Council authorised in this behalf by the Chairperson. 

(6) When  all  objections  have  been  disposed  of,  and  the  revision  of  the  rateable  value  has  been 
completed, the assessment list shall be authenticated by signature of the Chairperson or, as the case may 
be, the officer authorised by him in this behalf, who shall certify that except in the case, if any in which 
amendments have been made as shown therein, no valid objection has been made to the rateable value or 
any other matter entered in said list. 

(7) The assessment list so authenticated shall be deposited in the office of the Council and shall be 
open,  free  of  charge  during  office  hours  to  all  owners,  lessees  and  occupiers  of  lands  and  buildings 
comprised  therein  or  the  authorised  agents  of  such  persons,  and  a  public  notice  that  it  is  so  open  shall 
forthwith be published. 

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, 

36 

 
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.—(1) The Chairperson may, at any time, amend the assessment 

list— 

(a) by inserting therein the name of any person whose name ought to be inserted; or 

(b) by inserting therein any land or building previously omitted; or 

(c) by striking out the name of any person not liable for the payment of property tax; or 

(d) by  increasing  or  reducing  for  adequate reasons the  amount  of any  rateable value  and of the 

assessment thereupon; or 

(e) by making or cancelling any entry exempting any land or building from liability to property 

tax; or 

(f) by  altering  the  assessment  on  the  land  or  building  which  has  been  erroneously  valued  or 

assessed through fraud, mistake or accident; or 

(g) by inserting or altering an entry in respect of any building erected, re-erected, altered or added 

to, after the preparation of the assessment list: 

Provided  that  no  person  shall  by  reason  of  any  such  amendment  become  liable  to  pay  any  tax  or 
increase of tax in respect of any period prior to the commencement of the year in which the notice under 
sub-section (2) is given. 

(2) Before  making  any  amendment  under  sub-section  (1)  the  Chairperson  shall  give  to  any  person 
affected by the amendment, notice of not less than one month that he proposes to make the amendment 
and consider any objection which may be made by such person. 

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.—(1) Whenever  the  title  of  any  person  primarily  liable  for  the  payment  of 
property tax on any land or building is transferred, the person whose title is transferred and the person to 
whom the same is transferred shall within three months after the execution of the instrument of transfer or 
after  registration,  if  it  is  registered,  or  after  the  transfer  is  effected,  if  no  instrument  is  executed,  give 
notice of such transfer in writing to the Chairperson. 

(2) In the event of the death of any person primarily liable as aforesaid, the person on whom the title 
of the deceased devolves, shall give notice of such devolution to the Chairperson within six months from 
the date of the death of the deceased. 

(3) The notice to be given under this section shall be in such form as may be determined by bye-laws 
made  under  this  Act,  and  the  transferee  or  the  other  person  on  whom  the  title  devolves  shall,  if  so 
required,  be  bound  to  produce  before  the  Chairperson  any  document  evidencing  the  transfer  or 
devolution. 

(4) Every  person  who  makes  a  transfer  as  aforesaid  without  giving  such  notice  to  the  Chairperson 
shall, in addition to any penalty to which he may be subjected under the provisions of this Act, continue 
to be liable for the payment of property tax from time to time payable in respect of the land or building 
transferred until he gives such notice or until the transfer has been recorded in the Chairperson‟s book, but 
nothing in this section shall be held to affect the liability of the transferee for the payment of the said tax. 

(5) The Chairperson shall record every transfer or devolution of title notified to him under this section 

in his books and in the assessment list. 

(6) On  a  written  request  by  the  Chairperson,  the  registrar  or  sub-registrar  of  New  Delhi  appointed 
under the Registration Act, 1908 (16 of 1908), shall furnish such particulars regarding the registration of 

37 

 
instruments of transfer of immovable properties in New Delhi, as the Chairperson may from time to time 
require. 

(7) Such information shall be furnished as soon as may be after the registration of an instrument of 
transfer  is  effected  or,  if  the  Chairperson  so  requests,  by  periodical  returns  at  such  intervals  as  the 
Chairperson may fix. 

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  enlargement  or  reoccupation;  and  property  tax  shall  be  assessable  on  the  building 
from the said date. 

76. Notice  of  demolition  or  removal  of  buildings.—(1)  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. 

(2) Until such notice is given, the person aforesaid shall continue to be liable to the payment of such 
property tax as he would have been liable to pay in respect of such building if the same or any portion 
thereof had not been demolished or removed. 

77. Power  of  Chairperson  to  call  for  information  and  returns  and  to  enter  and  inspect 
premises.—(1) To  enable  him  to  determine  the  rateable  value  of  any  land  or  building  and  the  person 
primarily liable for the payment of property tax leviable in respect thereof, the Chairperson may require 
the  owner  or  occupier  of  such  land  or  building,  or  of  any  portion  thereof  to  furnish  him  within  such 
reasonable period as the Chairperson fixes in this behalf, with information or with a written return signed 
by such owner or occupier— 

(a) as  to  the  name  and  place  of  residence  of  the  owner  or  occupier,  or  of  both  the  owner  and 

occupier of such land or buildings; 

(b) as to the measurements or dimensions of such land or building or of any portion thereof and 

the rent, if any, obtained for such land or building or any portion thereof; and 

(c) as to the actual cost or other specified details connected with the determination of the value of 

such land or building. 

(2) Every owner or occupier on whom any such requisition is made shall be bound to comply with the 

same and to give true information or to make a true return to the best of his knowledge or belief. 

(3) Whoever omits to comply with any such requisition or fails to give true information or to make a 
true return to the best of his knowledge or belief, shall, in addition to any penalty to which he may be 
liable, be precluded from objecting to any assessment made by the Chairperson in respect of such land or 
building of which he is the owner or occupier. 

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. 

38 

 
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.—(1) The Chairperson may, if he thinks fit, employ 
one or more competent persons to give advice or assistance in connection with the valuation of any land 
or building, and any person so employed shall have power, at all reasonable times and after giving due 
notice, and on production, if so required, of authorisation in writing in that behalf from the Chairperson, 
to enter on, survey and value any land or building which the Chairperson may direct him to survey and 
value. 

(2) No person shall willfully delay or obstruct any such person in the exercise of any of his powers 

under this section. 

Tax on vehicles and animals 

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— 

(a) vehicles  and  animals  belonging  to  the  Central  Government  or  to  the  Government  or  to  the 

Council used or intended to be used solely for public purposes; 

(b) vehicles intended exclusively for the conveyance free of charge, of the injured, the sick or the 

dead; 

(c) children‟s perambulators or tricycles; 

(d) a cow or a she-buffalo kept for milking for domestic use if the cow or the she-buffalo is the 
only cow or she-buffalo kept by the owner or the person having possession or control thereof for such 
milking and is registered in accordance with bye-laws made in this behalf, so, however, that— 

(i) where more cows or, as the case may be, more she-buffaloes than one are kept by several 
such owners or persons constituting a family, the tax under this section shall be levied in respect 
of all such cows or all such she-buffaloes; 

(ii) where  a  cow  and  also  a  she-buffalo  are  kept  by  the  owner  or  the  person  having  the 
possession or control thereof or by several such owners or persons constituting a family, the tax 
under this section shall be levied in respect of the cow and the she-buffalo. 

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 be liable to pay. 

86. 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 

Theatre-tax 

39 

 
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— 

(a) that  the  entire  receipts  from  such  performance  or  show  will  be  devoted  to  philanthropic, 

religious or charitable purposes; or 

(b) that the performance or show is of a wholly educational character; or 

(c) that the performance or show is provided for partly educational or partly scientific purposes 

by a society not conducted or established for profit. 

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 newspapers 

88. Tax  on  advertisements.—(1) Every  person,  who  erects,  exhibits,  fixes  or  retains  upon  or  over 
any land, building, wall, hoarding, frame, post or structure or upon or in any vehicle any advertisement or, 
who displays any advertisement to public view in any manner whatsoever, visible from a public street or 
public  place  (including  any  advertisement  exhibited  by  means  of  cinematographs),  shall  pay  for  every 
advertisement  which  is  so  erected,  exhibited,  fixed  or  retained  or  so  displayed  to  public  view,  a  tax 
calculated  at  such  rates  not  exceeding  those  specified  in  the  Fourth  Schedule  as  the  Council  may 
determine: 

Provided that no tax shall be levied under this section on any advertisement which— 

(a) relates  to  a  public  meeting,  or  to  an  election  to  Parliament  or  the  Legislative  Assembly  of 

Delhi; or 

(b) is  exhibited  within  the  window  of  any  building  if  the  advertisement  relates  to  the  trade, 

profession or business carried on in that building; or 

(c) relates to the trade, profession or business carried on within the land or building upon or over 
which such advertisement is exhibited or to any sale or letting of such land or building or any effects 
therein or to any sale, entertainment or meeting to be held on or upon or in the same; or 

(d) relates to the name of the land or building upon or over which the advertisement is exhibited, 

or to the name of the owner or occupier of such land or building; or 

(e) relates to the business of a railway administration and is exhibited within any railway station 

or upon any wall or other property of a railway administration; or 

(f) relates to any activity of the Central Government or the Government or the Council. 

(2) The  tax  on  any  advertisement  leviable  under  this  section  shall  be  payable  in  advance  in  such 

number of instalments and in such manner as may be determined by bye-law made in this behalf. 

Explanation 1.—The word “structure” in this section includes any movable board on wheels used as 

an advertisement or an advertisement medium. 

Explanation 2.—The word “advertisement” in relation to a tax on advertisement under this Act means 
any word, letter, model, sign, placard, notice, device or representation, whether illuminated or not, in the 
nature of and employed wholly or in part for the purposes of advertisement, announcement or direction. 

89. Prohibition  of  advertisements  without  written  permission  of  the  Chairperson.—(1) No 
advertisement  shall  be  erected,  exhibited,  fixed  or  retained  upon  or  over  any  land,  building,  wall, 
hoarding,  frame,  post  or  structure  or  upon  or  in  any  vehicle  or  shall  be  displayed  in  any  manner 

40 

 
whatsoever in any place within New Delhi without the written permission of the Chairperson granted in 
accordance with bye-laws made under this Act. 

(2) The Chairperson shall not grant such permission if— 

(a) the advertisement contravenes any bye-law made under this Act; or 

(b) the tax, if any, due in respect of the advertisement has not been paid. 

(3) Subject  to  the  provisions  of  sub-section  (2),  in  the  case  of  an  advertisement  liable  to  the 
advertisement tax, the Chairperson shall grant permission for the period to which the payment of the tax 
relates and no fee shall be charged in respect of such permission. 

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:— 

(a) if the advertisement contravenes any bye-law made under this Act; 

(b) if any material change is made in the advertisement or any part thereof without the previous 

permission of the Chairperson; 

(c) if the advertisement or any part thereof falls otherwise than through accident; 

(d) if  any  addition  or  alteration  is  made  to,  or  in  the  building,  wall,  hoarding,  frame,  post  or 
structure upon or over which the advertisement is erected, exhibited, fixed or retained if such addition 
or alteration involves the disturbance of the advertisement or any part thereof; and 

(e) if  the  building,  wall,  hoarding,  frame,  post  or  structure  over  which  the  advertisement  is 

erected, exhibited, fixed or retained is demolished or destroyed. 

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 property 

93. Duty  on  transfer  of  property  and  method  of  assessment  thereto.—(1) Save  as  otherwise 
provided in this Act, the Council shall levy a duty on transfer of immovable property situated within the 
limits of New Delhi in accordance with the provisions hereafter in this section contained. 

(2) The said duty shall be levied— 

(a) in  the  form  of  a  surcharge  on  the  duty  imposed  by  the  Stamp  Act,  1899  (2  of  1899),  as  in 
force  for  the  time  being  in  the  National  Capital  Territory  of  Delhi,  on  every  instrument  of  the 
description specified below, and 

(b) at such rate as may be determined by the Council not exceeding five per cent. on the amount 

specified below against such instruments: 

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 set forth in the instrument. 

41 

 
Description of instrument 

Amount on which duty should be levied 

(ii) Exchange of immovable property. 

(iii) Gift of immovable property. 

The value of the property of the greater value, 
as set forth in the instrument. 

The  value  of  the  property  as  set  forth  in  the 
instrument. 

(iv) Mortgage with possession of immovable  

property. 

The  amount  secured  by  the  mortgage  as  set 
forth in the instrument. 

(v) Lease in perpetuity of immovable property. 

The  amount  equal  to  one  sixth  of  the  whole 
amount  or  value  of  the  rent  which  would  be 
paid  or  delivered  in  respect  of  the  first  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— 

(a) section 27 of the Stamp Act, 1899 (2 of 1899), as in force in the National Capital Territory of 
Delhi shall be read as if it specifically required the particulars to be set forth separately in respect of 
property situated within and without New Delhi; 

(b) section  64  of  the  said  Act  shall  be  read  as  if  it  referred  to  the  Council  as  well  as  the 

Government of National Capital Territory of Delhi. 

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

95. Tax on building applications.—(1) Save as otherwise provided in this Act the Council shall levy 
a tax on buildings at such rates not exceeding those  specified in the Fifth Schedule as the Council shall 
determine. 

(2) The  tax  shall  be  leviable  on  every  person  who  makes  an  application  to  the  Chairperson  for  the 

sanction of building plan and shall be payable along with the same. 

Other taxes 

96. Imposition of other taxes.—(1) The Council may, at a meeting, pass a resolution for the levy of 
any  of  the  taxes  specified  in  sub-section  (2)  of  section  60,  defining  the  maximum  rate  of  the  tax  to  be 
levied, the  class  or  classes  of  persons  or  the  description  or  descriptions  of  articles  and  properties  to  be 
taxed, the system of assessment to be adopted and the exemptions, if any, to be granted. 

(2) Any resolution passed under sub-section (1) shall be submitted to the Central Government for its 
sanction, and if sanctioned by that Government, shall come into force on and from such date as may be 
specified in the order of sanction. 

(3) After  a  resolution  has  come  into  force  under  sub-section  (2),  the  Council  may,  subject  to  the 
maximum rate, pass a second resolution determining the actual rates at which the tax shall be leviable and 
the tax shall come into force on the first day of the quarter of the year next following the date on which 
such second resolution is passed. 

(4) After a tax has been levied in accordance with foregoing provisions of this section, the provisions 
of  sub-section  (2)  of  section  55,  shall  apply  in  relation  to  such  tax  as  they  apply  in  relation  to  any  tax 
imposed under sub-section (1) of section 60. 

Supplementary taxation 

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 

42 

 
increase shall be made subject to the maximum rate and any other limitation specified in respect of such 
tax. 

Payment and recovery of taxes 

98. 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.—(1) When  any  tax  has  become  due,  the  Chairperson  shall  cause  to  be 

presented to the person liable for the payment thereof, a bill for the amount due: 

Provided that no such bill shall be necessary in the case of— 

(a) a tax on vehicles and animals; 

(b) a theatre-tax; and 

(c) a tax on advertisements. 

(2) Every such bill shall specify the particulars of the tax and the period for which the charge is made. 

100. Notice  of  demand  and  notice  fee.—(1) If  the  amount  of  the  tax  for  which  a  bill  has  been 
presented under section 99 is not paid within fifteen days from the presentation thereof, or if the tax on 
vehicles and animals or the theatre-tax or the tax on advertisements is not paid after it has become due, 
the Chairperson may cause to be served upon the person liable for the payment of the same a notice of 
demand in the form set forth in the Sixth Schedule. 

(2) For every notice of demand which the Chairperson causes to be served on any person under this 
section, a fee of such amount not exceeding five rupees as may be determined by bye-laws made in this 
behalf, shall be payable by the said person and shall be included in the cost of recovery. 

101. Penalty in case of default of payment of taxes.—(1) If the person liable for the payment of any 
tax does not, within thirty days of the service of the notice of demand under section 100 pay the sum due 
and if no appeal is preferred against such tax, he shall be deemed to be in default. 

(2) When  the  person  liable  for  the  payment  of  any  tax  is  deemed  to  be  in  default  under                   

sub-section (1), such sum not exceeding twenty per cent. of the amount of the tax as may be determined 
by the Chairperson, may be recovered from him by way of penalty, in addition to the amount of the tax 
and the notice fee, payable under sub-section (2) of section 100. 

(3) The amount due as penalty under sub-section (2) shall be recoverable as an arrear of tax under this 

Act. 

102. Recovery of tax.—(1) If the person liable for the payment of the tax does not, within thirty days 
from the service of the notice of demand, pay the amount due, such sum together with all costs and the 
penalty provided for in section 101 may be recovered under a warrant, issued in the form set forth in the 
Seventh  Schedule,  by  distress  and  sale  of  the  movable  property  or  the  attachment  and  sale  of  the 
immovable property, of the defaulter: 

Provided that the Chairperson shall not recover any sum the liability for which has been remitted on 

appeal under the provisions of this Act. 

(2) Every warrant issued under this section shall be signed by the Chairperson. 

103. Distress.—(1) It  shall  be  lawful  for  any  officer or  other  employees  of  the Council  to  whom  a 
warrant issued under section 102 is addressed to distrain, wherever it may be found in any place in New 
Delhi;  any  movable  property,  or  any  standing  timber,  growing  crops  or  grass  belonging  to  the  person 
therein named as defaulter, subject to the following conditions, exceptions and exemptions, namely:— 

(a) the following property shall not be distrained:— 

(i) the necessary wearing apparel and bedding of the defaulter, his wife and children and their 

cooking and eating utensils; 

(ii) tools of artisans; 

43 

 
(iii) books of account; or 

(iv) when the defaulter is an agriculturist his implements of husbandry, seed, grain and such 

cattle as may be necessary to enable the defaulter to earn his livelihood; 

(b) the distress shall not be excessive, that is to say, the property distrained shall be as nearly as 
possible  equal  in  value  to  the  amount  recoverable  under  the  warrant,  and  if  any  property  has  been 
distrained which, in the opinion of the Chairperson, should not have been distrained, it shall forthwith 
be released. 

(2) The person charged with the execution of a warrant of distress shall forthwith make an inventory 
of the property which he seizes under such warrant, and shall, at the same time, give a written notice in 
the form set forth in the Eighth Schedule, to the person in possession thereof at the time of seizure that the 
said property will be sold as therein mentioned. 

104. Disposal  of  distrained  property  and  attachment  and  sale  of  immovable  property.—
(1) When the property seized is subject to speedy and natural decay or when the expense of keeping it in 
custody is, when added to the amount to be recovered, likely to exceed  its value, the Chairperson shall 
give notice to the person in whose possession the property was at the time of seizure that it will be sold at 
once,  and  shall  sell  it  accordingly  by  public  auction  unless  the  amount  mentioned  in  the  warrant  is 
forthwith paid. 

(2) If the warrant is not in the meantime suspended by the Chairperson, or discharged, the property 
seized shall, after the expiry of the period named in the notice served under sub-section (2) of section 103 
be sold by public auction by order of the Chairperson. 

(3) When a warrant is issued for the attachment and sale of immovable property, the attachment shall 
be made by an order prohibiting the defaulter from transferring or charging the property in any way, and 
all persons from taking any benefit from such transfer or charge, and declaring that such property would 
be sold unless the amount of tax due with all costs of recovery is paid into the  municipal office within 
fifteen days from the date of the attachment. 

(4) Such order shall be proclaimed at some place on or adjacent to such property by beat of drum or 
other customary mode and a copy of the order shall be affixed on a conspicuous part of the property and 
upon a conspicuous part of the municipal office and also, when the property is land paying revenue to the 
Government, in the office of the collector. 

(5) Any  transfer of  or  charge  on  the  property  attached  or  any  interest  therein  made  without  written 
permission  of  the  Chairperson  shall  be  void  as  against  all  claims  of  the  Council  enforceable  under  the 
attachment. 

(6) The  surplus  of  the  sale-proceeds,  if  any,  shall,  immediately  after  the  sale  of  the  property,  be 
credited to the New Delhi Municipal Fund, and notice of such credit shall be given at the same time to the 
person  whose  property  has  been  sold  or  his  legal  representative  and  if  the  same  is  claimed  by  written 
application to the Chairperson, within one year from the date of the notice, a refund thereof shall be made 
to such person or representative. 

(7) Any surplus not claimed within one year as aforesaid shall be the property of the Council. 

(8) For  every  distraint  and  attachment  made  in  accordance  with  the  foregoing  provisions,  a  fee  of 
such amount not exceeding two and a half per cent. of the amount of the tax due as shall in each case be 
fixed by the Chairperson, shall be charged, and the said fee shall be included in the costs of recovery. 

105. Recovery  from  a  person  about  to  leave  New  Delhi  or  Delhi.—(1) If  the  Chairperson  has 
reason to believe that any person from whom any sum is due or is about to become due on account of any 
tax is about to move from New Delhi or Delhi, he may direct the immediate payment by such person of 
the sum so due or about to become due and cause a notice of demand for the same to be served on such 
person. 

(2) If, on the service of such notice, such person does not forthwith pay the sum so due or about to 
become due, the amount shall be leviable by distress or attachment and sale in the manner hereinbefore 
provided,  and  the  warrant  of  distress  or  attachment  and  sale  may  be  issued  and  executed  without  any 
delay. 

44 

 
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.—(1) If the 
tax on any vehicle or animal is not paid, then, instead of proceeding against the defaulter by distress and 
sale of his other movable property as hereinbefore provided, the Chairperson may, at any time after the 
tax  has  become  due,  seize  and  detain  the  vehicle  or  animal  or  both  and,  if  the  owner  or  other  person 
entitled thereto does not within seven days in respect of a vehicle and two days in respect of an animal 
from the date of such seizure and detention, claim the same and pay the tax due together with the charges 
incurred in connection with the seizure and detention, the Chairperson may cause the same to be sold and 
apply  the  proceeds  of  the  sale  or  such  part  thereof  as  is  required  in  discharge  of  the  sum  due  and  the 
charges incurred as aforesaid. 

(2) The surplus, if any, remaining after the application of the sale-proceeds under sub-section (1) shall 

be disposed of in the manner laid down in sub-sections (6) and (7) of section 104. 

108. Occupiers may  be  required  to  pay  rent towards  satisfaction  of  property  tax.—(1) For  the 
purposes  of  recovering  the  amount  of  any  property  tax  from  any  occupier  under  section  68,  the 
Chairperson shall cause to be served on such occupier a notice requiring him to pay to the Council, any 
rent due or falling due from him in respect of the land or building to the extent necessary to satisfy the 
portion of the sum due for which he is liable under the said section. 

(2) Such notice shall operate as an attachment of the said rent unless the portion of the sum due shall 
have  been  paid  and  satisfied  and  the  occupier  shall  be  entitled  to  credit  in  account  with  the  person  to 
whom such rent is due for any sum paid by him to the Council in pursuance of such notice: 

Provided that if the person to whom such rent is due is not the person primarily liable for payment of 
the property tax, he shall be entitled to recover from the person primarily liable for the payment of such 
tax any amount for which credit is claimed as aforesaid. 

(3) If any occupier fails to pay to the Council any rent due or falling due which he has been required 
to pay in pursuance of a notice served upon him as aforesaid, the amount of such rent may be recovered 
from him by the Council as an arrear of tax under this Act. 

Remission and refund 

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.—(1) If  any  building  together  with  land  appurtenant  thereto  has 
remained vacant and unproductive of rent for sixty or more consecutive days, the Chairperson shall remit 
or refund, as the case may be, two-thirds of such portion of the property tax assessed on the rateable value 
thereof, as may be proportionate to the number of days during which the said building together with the 
land appurtenant thereto has remained vacant and unproductive of rent. 

(2) If  any  land,  not  being  land  appurtenant  to  a  building,  has  remained  vacant  and  unproductive  of 
rent for sixty or more consecutive days, the Chairperson shall remit or refund, as the case may be, one 
half of such portion of the property tax assessed on the rateable value thereof, as may be, proportionate to 
the number of days during which the said land has remained vacant and unproductive of rent. 

111. Power  to  require  entry  in  assessment  list  of  details  of  buildings.—(1) For  the  purpose  of 
obtaining a partial remission or refund of tax, the owner of a building composed of separate tenements 
may request the Chairperson, at the time of the assessment of the building, to enter in the assessment list, 
in addition to the rateable value of the whole building, a note regarding any detail of the rateable value of 
each separate tenement. 

(2) When any tenement, the rateable value of which has been thus separately recorded has remained 
vacant and unproductive of rent for sixty or more consecutive days, such portion of any tax assessed on 

45 

 
the  rateable  value  of  the  whole  building  shall  be  remitted  or  refunded  as  would  have  been  remitted  or 
refunded if the tenement had been separately assessed. 

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.—(1) For the purposes of sections 110 and 111 no 
land, building or tenement shall be deemed vacant if maintained as a pleasure resort or town or country 
house  or  be  deemed  unproductive  of  rent  if  let  to  a  tenant  who  has  a  continuing  right  of  occupation 
thereof, whether he is in actual occupation or not. 

(2) The  burden  of  proving  the  facts  entitling  any  person  to  claim  relief  under  sections  109,  110  or 

section 111, shall be upon him. 

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. 

Appeals 

115. Appeal against assessment, etc.—(1) An appeal against the levy or assessment of any tax under 

this Act shall lie to the court of the district judges of Delhi. 

(2) If, before or on the hearing of an appeal under this section, any question of law or usage having 
the force of law or construction of a document arises, the Court of district judge on his own motion may, 
or on the application of any party to the appeal, shall, draw up a statement of the facts of the case, and the 
question so arising, and refer the statement with his opinion on the question for the decision of the High 
Court. 

(3) On a reference being made under sub-section (2), the subsequent proceedings in the case shall be, 
as  nearly  as  may  be  in  conformity  with  the  rules  relating  to  references  to  the  High  Court  contained  in 
Order XLVI of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908). 

(4) In every appeal, the costs shall be in the discretion of the Court. 

(5) Costs awarded under this section to the Council shall be recoverable by the Council as an arrear of 

tax due from the appellant. 

(6) If the Council fails to pay any costs awarded to an appellant within ten days after the date of the 

order for payment thereof, the Court may order the Chairperson to pay the amount to the appellant. 

116. Conditions  of  right  to  appeal.—No  appeal  shall  be  heard  or  determined  under  section  115 

unless— 

(a) the appeal is, in the case of a property tax, brought within thirty days next after the date of 
authentication of the assessment list under section 70 (exclusive of the time requisite for obtaining a 
copy of the relevant entries therein) or, as the case may be, within thirty days of the date on which an 
amendment is finally made under section 72 and, in the case of any other tax, within thirty days next 
after the date of the receipt of the notice of assessment or of alteration of assessment or, if no notice 
has been given, within thirty days after the date of the presentation of the first bill or, as the case may 
be, the first notice of demand in respect thereof; 

(b) the amount, if any, in dispute in the appeal has been deposited by the appellant in the office of 

the Council. 

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. 

46 

 
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 taxation 

119. Power  to  inspect  for  purposes  of  determining  rateable  value  or  tax.—(1) The  Chairperson 

may, without giving any previous notice, enter upon and make an inspection of— 

(a) any  land  or  building  for  the  purpose  of  determining  the  rateable  value  of  such  land  or 

building; 

(b) any stable, garage, or coach house or any place wherein he may have reason to believe that 

there is any vehicle or animal liable to a tax under this Act; 

(c) any place or premises which he has reason to believe are being used or are about to be used 

for any performance or show in respect of which the theatre-tax is payable or would be payable; 

(d) any land, building or vehicle in or upon which any advertisement liable to tax under this Act 

is exhibited or displayed. 

(2) The  Chairperson  may,  by  written  summons,  require  the  attendance  before  him  of  any  person 
whom he has reason to believe to be liable to the payment of a tax in respect of a vehicle or animal, or of 
any servant of any such person and may examine such person or servant as to the number and description 
of  vehicles  and  animals  owned  by  or  in  the  possession  or  under  the  control  of  such  person;  and  every 
person  or servant  of such person  so summoned  shall  be  bound to  attend  before  the  Chairperson  and  to 
give information to the best of his knowledge and belief as to the said matters. 

120. Composition.—(1) The  Chairperson  may  with  the  previous  sanction  of  Council  allow  any 

person to compound for any tax. 

(2) Every sum due by reason of the composition of a tax under sub-section (1) shall be recovered as 

an arrear of tax under this Act. 

121. Irrecoverable debts.—(1) The Chairperson may write off any sum due on account of any tax or 

of the costs of recovering any tax if such sum is, in his opinion irrecoverable: 

Provided  that  where  the  sum  written  off  in favour  of  any  person  exceeds  one  thousand  rupees,  the 

previous sanction of the Council shall be first obtained. 

(2) The  Chairperson  shall  report  to  the  Council  every  case  in  which  any  sum  has  been  written  off 

under sub-section (1). 

122. Obligation  to  disclose  liability.—(1) The  Chairperson  may,  by  written  notice,  call  upon  any 
inhabitant  of  New  Delhi  to  furnish  such  information  as  may  be  necessary  for  the  purpose  of 
ascertaining— 

(a) whether such inhabitant is liable to pay any tax imposed by the Council under this Act; 

(b) at what amount he should be assessed; or 

(c) the rateable value of the land or building which he occupies and the name and address of the 

owner or lessee thereof. 

(2) If any person when called upon under sub-section (1) to furnish information neglects to furnish it 
within the period specified in this behalf by the Chairperson or furnishes information which is not true to 
the best of his knowledge or belief, he shall be liable, in addition to any penalty which may be imposed 
under this Act, to be assessed at such amount on account of tax as the Chairperson may deem proper, and 
the assessment so made shall, subject to the provisions of this Act, be final. 

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 

47 

 
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 betting 

125. 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.—(1) The Council may, in pursuance of any resolution passed by 
it, borrow by way of debenture or otherwise on the security of all or any of the taxes, rates, cesses, fees 
and charges authorised by or under this Act, any sums of money which may be required— 

(a) for acquiring any land which it has power to acquire; 

(b) for erecting any building which it has power to erect; 

(c) for the execution of any permanent work, the provision of any plant, or the doing of any other 
thing which it has power to execute, provide or do, if the cost of carrying out the purpose in question 
ought to be spread over a term of years; 

(d) to pay off any debt due to the Central Government or the Government; 

(e) to repay a loan previously raised under this Act or any other Act previously in force; or 

(f) for any other purpose for which the Council is, by virtue of this Act or any other law for the 

time being in force, authorised to borrow: 

Provided that— 

(i) no  loan  shall  be  raised  without  the  previous  sanction  of  the  Central  Government  or  without 
previous  publication  of  the  application  for  sanction  under  the  Local  Authorities  Loans  Act,  1914      
(9 of 1914), and the rules made thereunder; and 

(ii) the amount of loan, the rate of interest and the terms including the date of floatation, the time 
and method of the repayment and the like shall be subject to the approval of the Central Government. 

(2) When  any  sum  of  money  has  been  borrowed  under  sub-section  (1),  no  portion  of  any  sum  of 
money borrowed for any of the purposes referred to in clause (c) of sub-section (1) shall be applied to the 
payment  of  salaries  and  allowances  to  any  officers  or  other  employees  other  than  those  exclusively 
employed in connection with the carrying out of that purpose. 

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 

48 

 
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.—(1) The Council shall maintain sinking funds 
for the repayment of money borrowed on debentures issued and shall pay every year into such sinking 
funds such sum as will be sufficient for the repayment within the period fixed for the loan of all moneys 
borrowed on the debentures issued. 

(2) All money paid into the sinking funds shall, as soon as possible, be invested by the Chairperson in 
public  securities  and every  such investment  shall  be reported  by  the  Chairperson  to the  Council  within 
fifteen days. 

(3) All dividends and other sums received in respect of any such investment shall, as soon as possible 

after receipt, be paid into the sinking funds and invested in the manner laid down in sub-section (2). 

(4) When any part of a sinking fund is invested in New Delhi municipal debentures, or is applied in 
paying off any part of a loan before the period fixed for repayment, the interest which would otherwise 
have been payable on such debentures or on such part of the loan shall be paid into the sinking fund and 
invested in the manner laid down in sub-section (2). 

(5) Any investment made under this section may, subject to the provision of sub-section (2), be varied 

or transposed. 

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.—(1) The  Chairperson  shall,  at  the  end  of  every  year, 

submit to the Council a statement showing— 

(a) the amount which has been invested during the year under section 131; 

(b) the date of the last investment made previous to the submission of the statement; 

(c) the aggregate amount of the securities then in his hand; and 

(d) the  aggregate  amount  which  has  up  to  the  date  of  the  statement  been  applied  under  section 

132, in or towards discharging loans. 

(2) Every such statement shall be published in the Official Gazette. 

134. Power  of  Council  to  consolidate  loans.—(1) Notwithstanding  anything  to  the  contrary 
contained in this Chapter, the Council may consolidate all or any of its loans and for that purpose may 
invite tenders for a new loan (to be called “the New Delhi Municipal Council Consolidated Loan, 19—”) 
and invite holders of the municipal debentures to exchange their debentures for scrips of such loan. 

49 

 
(2) The terms of any such consolidated loan and the form of its scrip and the rates at which exchange 
into  such  consolidated  loan  shall  be  permitted  shall  be  subject  to  the  prior  approval  of  the  Central 
Government. 

(3) The period for the exchanging of any such consolidated loan shall not, without the sanction of the 
Central  Government,  extend  beyond  the  farthest  date  within  which  any  of  the  loans  to  be  consolidated 
would otherwise be repayable. 

(4) The Council shall provide for the repayment of any such consolidated loan by a sinking fund in 
the manner laid down in section 131 having regard to the amount transferred to such sinking fund under 
section 132. 

135. Priority  of  payment  for  interest  and  repayment  of  loans  over  other  payments.—(1) All 
payments  due  from  the  Council  for  interest  on  and  repayment  of  loans  shall  be  made  in  priority  to  all 
other payments due from the Council. 

(2) If  any  money  borrowed  or  deemed  to  have  been  borrowed  by  the  Council  from  Central 
Government or the Government or any interest or costs due in respect thereof be not repaid according to 
the  conditions  of  the  loan,  the  Central  Government  or  the  Government  may  attach  the  New  Delhi 
Municipal Fund or any part thereof. 

(3) After  such  attachment  no  person  except  an  officer  appointed  in  this  behalf  by  the  Central 
Government  shall  in  any  way  deal  with  the  attached  fund;  but  such  officer  may  do  all  acts  in  respect 
thereof which any municipal authority, officer or other employee might have done if such attachment has 
not taken place, and may apply the proceeds in satisfaction of the arrears and of all interests and cost due 
in respect thereof and of all expenses caused by the attachment and subsequent proceedings: 

Provided that no such attachment shall defeat or prejudice any debt for which the fund was previously 
charged in accordance with law; and all such prior charges shall be paid out of the proceeds of the fund 
before any part of the proceeds is applied to satisfaction of the debt due to the Central Government or the 
Government. 

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 

Property 

137. 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.—(1) With  respect  to  the  disposal  of  movable  property 
belonging to Council the Chairperson may, in his discretion, dispose of by sale or otherwise, any movable 
property belonging to the Council not exceeding in value in each instance one thousand rupees, or such 
higher amount as the Council may prescribe, or let out on hire any movable property or grant a lease of 

50 

 
any immovable property belonging to the Council including any right of gathering and taking fruits and 
the like, for a period not exceeding one year at a time. 

(2) In cases not covered by sub-section (1), the Chairperson may, with the sanction of the Council, 

lease, sell, let out on hire or otherwise transfer any movable property belonging to the Council. 

141. Disposal of immovable property.—(1) The Chairperson may, with the sanction of the Council, 

lease, sell, let out on hire or otherwise transfer any immovable property belonging to the Council. 

(2) The consideration for which any immovable property may be sold, leased or otherwise transferred 
shall  not  be  less  than  the  value  at  which  such  immovable  property  could  be  sold,  leased  or  otherwise 
transferred in normal and fair competition. 

(3) The sanction of Council under section 140 or this section may be given either generally for any 

class of cases or specially for any particular case. 

(4) Subject to any conditions or limitation that may be specified in any other provisions of this Act 
the  foregoing  provisions  of  section  140  and  this  section  shall  apply  to  every  disposal  of  property 
belonging to the Council made under, or for any purpose of this Act. 

(5) Every case of disposal of property under sub-section (1) of section 140 shall be reported by the 

Chairperson without delay to the Council. 

Contracts 

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:— 

(a) every such contract shall be made on behalf of the Council by the Chairperson; 

(b) no  such  contract,  for  any  purpose  which  in  accordance  with  any  provision  of  this  Act  the 
Chairperson may not carry out without the approval or sanction of the Council shall be made by him 
until and unless such approval or sanction has been duly obtained; 

(c) no  contract  which  will  involve  an  expenditure  exceeding  ten  lakh  rupees  or  such  higher 
amount  as  the  Central  Government  may  from  time  to  time,  fix,  shall  be  made  by  the  Chairperson 
unless the same is previously approved by the Council; and 

(d) every contract made by the Chairperson involving an expenditure exceeding one lakh rupees 
but not exceeding ten lakh rupees or such higher amount as may be fixed under clause (c) shall be 
reported by him, within one month after the same has been made to the Council. 

144. Mode  of  executing  contracts.—(1) The  mode  of  executing  contracts  under  this  Act  shall  be 

prescribed by bye-laws made in this behalf. 

(2) No  contract  which  is  not  made  in  accordance  with  the  provisions  of  this  Act  and  the  bye-laws 

made thereunder shall be binding on the Council. 

CHAPTER XI 

WATER SUPPLY, DRAINAGE AND SEWAGE COLLECTION 

General 

145. 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:— 

(1) “communication pipe” means,— 

(a) where the premises supplied with water abut on the part of the street in which the main is 
laid,  and  the  service  pipe  enters  those  premises  otherwise  than  through  the  outer  wall  of  a 
building  abutting  on  the  street  and  has  a  stopcock  placed  in  those  premises  and  as  near  to  the 

51 

 
boundary of that street as is reasonably practicable, so much of the service pipe as lies between 
the main and that stopcock; 

(b) in any other case, so much of the service pipe as lies between the main and the boundary 
of the street in which the main is laid, and includes the ferrule at the junction of the service pipe 
with the main, and also— 

(i) where the communication pipe ends at a stopcock, that stopcock; and 

(ii) any stopcock fitted on the communication pipe between the end thereof and the main; 

(2) “main” means a pipe laid by the Council for the purpose of giving a general supply of water 
as distinct from a supply to individual consumers and includes any apparatus used in connection with 
such a pipe; 

(3) “service pipe” means so much of any pipe for supplying water from a main to any premises as 

is subject to water pressure from that main, or would be so subject but for the closing of some tap; 

(4) “supply pipe” means so much of any service pipe as is not a communication pipe; 

(5) “trunk main” means a main constructed for the purpose of conveying water from a source of 
supply to a filter or reservoir or from one filter or reservoir to another filter or reservoir, or for the 
purpose  of  conveying  water  in  bulk  from  one  part  of  the  limits  of  supply  to  another  part  of  those 
limits, or for the purpose of giving or taking a supply of water in bulk; 

(6) “water  fittings”  includes  pipes  (other  than  mains),  taps,  cocks,  valves,  ferrules,  meters, 

cisterns, baths and other similar apparatus used in connection with the supply and use of water. 

146. Council may carry out surveys and formulate proposals.—(1) The Council may— 

(a) carry out a survey of the existing consumption of and demand for water supplies in New Delhi 

and of the water resources in or likely to be made available in New Delhi; 

(b) prepare an estimate of the future water supply requirements of New Delhi; 

(c) carry out a survey of the existing quantity of sewage collection; 

(d) formulate proposals as to— 

(i) the existing or future water supply requirements of New Delhi; 

(ii) the existing or future sewage collection requirement in New Delhi including proposals for 

the manner in which and the place or places at which sewage should be carried and collected. 

(2) If the Council is of the opinion that the works and other properties for the time being vested in the 
Council,  are  inadequate  for  the  purpose  of  sufficient  supply  of  water  or  for  the  purpose  of  efficient 
collection of sewage under this Act it may take step in accordance with the provisions of this Act for the 
construction of additional works, whether within New Delhi or outside New Delhi with the approval of 
the Administrator and for the acquisition of additional properties for such works. 

Water supply 

147. Functions in relation to water supplies.—(1) It shall be the duty of the Council to take steps 

from time to time— 

(a) for ascertaining the sufficiency and wholesomeness of water supplies within  New Delhi and 

receiving bulk supplies of water from the authority prescribed by the Central Government; 

(b) for providing a supply of wholesome water in pipes to every part of New Delhi in which there 
are houses, for the domestic purposes of the occupants thereof, and for taking the pipes affording that 
supply to such point or points as will enable the houses to be connected thereto at a reasonable cost, 
so, however, that this clause shall not require the Council to do anything which is not practicable at a 
reasonable cost or to provide such a supply to any part of New Delhi where such a supply is already 
available at such point or points aforesaid; 

(c) for providing as far as possible, a supply of wholesome water otherwise than in pipes to every 
part of New Delhi in which there are houses, for the domestic purposes of the occupants thereof and 

52 

 
to which it is not practicable to provide a supply in pipes at a reasonable cost, and in which danger to 
health arises from the insufficiency or unwholesomeness of the existing supply and a public supply is 
required  and  can  be  provided  at  a  reasonable  cost,  and  for  securing  that  such  supply  is  available 
within a reasonable distance of every house in that part. 

(2) If  any  question  arises  under  clause  (b)  of  sub-section  (1)  as  to  whether  anything  is  or  is  not 
practicable at a reasonable cost or as to the point or points to which pipes must be taken in order to enable 
houses to be connected to them at a reasonable cost, or under clause (c) thereof, as to whether a public 
supply can be provided at a reasonable cost, the Council shall determine that question and thereupon  it 
shall give effect to that determination. 

(3) Without prejudice to the provisions of sub-section (1), the Chairperson shall, for the purpose of 
securing,  so  far  as  is  reasonably  practicable,  that  every  house  has  available  a  sufficient  supply  of 
wholesome water for domestic purposes, exercise his powers under this Act of requiring the owners of 
houses to provide a supply of water thereto. 

(4) The Council shall secure that the water in any water works belonging to the Council from which 

the water is supplied for domestic purpose is wholesome. 

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— 

(a) for animals or for washing vehicles where such animals or vehicles are kept for sale or hire; 

(b) for any trade, manufacture or business; 

(c) for fountains, swimming baths or any ornamental or mechanical purpose; 

(d) for gardens or for purposes of irrigation; 

(e) for making or for watering streets; or 

(f) for building purposes. 

150. Power to supply water for non-domestic purposes.—(1) The Chairperson may supply water 
for any purpose other than a domestic purpose on such terms and conditions consistent with this Act and 
the bye-laws made thereunder as may be laid down in this behalf by the Council on receiving a written 
application  specifying  the  purpose  for  which  the  supply  is  required  and  the  quantity  likely  to  be 
consumed. 

(2) When a application under sub-section (1) is received, the Chairperson may subject to such charges 
and  rates  as  may  be  fixed  by  the  Council,  place  or  allow  to  be  placed  the  necessary  pipes  and  water 
fittings  of  such  dimensions  and  character  as  may  be  prescribed  by  bye-laws  and  may  arrange  for  the 
supply of water through such pipes and fittings. 

151. Use of water for extinguishing fire.—Water may be used for extinguishing fire. 

152. Power  to  require  water  supply  to  be  taken.—(1) If  it  appears  to  the  Chairperson  that  any 
premises in New Delhi are without supply of wholesome water for domestic purposes or that the existing 
supply of water for domestic purposes available for the persons usually occupying or employed in such 
premises is inadequate or on any sanitary grounds objectionable, the Chairperson may by notice in writing 
require the owner of the premises or the persons primarily liable for the payment of the property tax in 
respect of the same— 

(a) to  take  a  connection  from  the  municipal  water  works  adequate  for  the  requirements  of  the 
persons occupying or employed in the premises, or to take such additional or enlarged connection or 
connections from the municipal water works; and 

(b) to provide, supply pipes and water fittings, install and work a pump and do all such works and 
take all such measures as may, in the opinion of the Chairperson be necessary for the above purposes. 

53 

 
(2) The Chairperson may in the notice issued under sub-section (1) specify— 

(a) the size, material and quality of the pipes and water fittings to be provided; 

(b) the position of the pipes and water fittings to be provided; 

(c) the means of access for the inspection of the pipes and water fittings; 

(d) the  type  of  pump  that  should  be  installed  and  the  period  or  periods  of  the  day  for  which  it 

should be kept working; 

(e) the period within which any or all the requisitions specified in the notice should be carried out. 

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.—(1) The  Chairperson  with  the  approval of  the  Council  may 
provide gratuitous supply of wholesome water to the public within New Delhi and may, for that purpose, 
erect public hydrants or other conveniences. 

(2) The Chairperson may with like approval close a public hydrant or other convenience when it is no 

longer required for the supply of wholesome water to the public. 

155. Power to lay mains.—(1) The Chairperson may lay a main whether within or without the local 

limits of the Council— 

(a) in any street; and 

(b) with the consent of every owner and occupier of any land not forming part of a street, in, over 

or on that land,  

and may, from time to time, inspect, repair, alter or renew or may at any time remove any main so laid 
whether by virtue of this section or otherwise: 

Provided  that  where  a  consent  required  for  the  purpose  of  this  sub-section  is  withheld,  the 
Chairperson may, after giving the owner or occupier of the land a written notice of his intention so to do, 
lay the main in, over or on that land even without such consent. 

(2) Where the Chairperson, in exercise of the powers under this section, lays a main in, over or on any 
land not forming part of a street, or inspects, repairs, alters, renews or removes a main so laid down in, 
over  or  on  any  such  land,  he  shall  pay  compensation  to  every  person  interested  in  that  land  for  any 
damage done to, or injurious affection of that land by reason of the inspection, laying, repair, alteration, 
renewal or removal of the main. 

156. Power  to  lay  service  pipes,  etc.—(1) The  Chairperson  may,  in  any  street  whether  within  or 
without the local limits of the Council lay such service pipes with such stopcocks and other water fittings 
as he may deem necessary for supplying water to premises and may, from time to time, inspect, repair, 
alter  or renew and  may,  at  any  time,  remove  any  service  pipe  laid in a  street  whether  by  virtue  of  this 
section or otherwise. 

(2) Where a service pipe has been lawfully laid in, over, or on the land not forming part of a street, 
the Chairperson may from time to time enter upon that land and inspect, repair, alter, renew or remove the 
pipe  or  lay  a  new  pipe  in  substitution  thereof  but  shall  pay  compensation  for  any  damage  done  in  the 
course of such action. 

157. Provision of fire hydrants.—(1) The Chairperson shall fix hydrants on water mains (other than 
trunk mains) at such places as may be most convenient for affording a supply of water for extinguishing 
any  fire  which  may  break  out  and  shall  keep  in  good  order  and  from  time  to  time  renew  every  such 
hydrant. 

(2) To denote the situation of every hydrant placed under this section, letters, marks or figures shall 

be displayed prominently on some wall, building or other structure near such hydrant. 

54 

 
(3) As  soon  as  any  such  hydrant  is  completed,  the  Chairperson  shall  deposit  a  key  thereof  at  each 

place where a public fire engine is kept and in such other places as he deems necessary. 

(4) The  Chairperson  may,  at  the  request  and  expense  of  the  owner  or  occupier  of  any  factory, 
workshop, trade premises or place of business situated in or near a street in which a pipe is laid (and not 
being  a  trunk  main  and  being  of  sufficient  dimensions  to  carry  a  hydrant),  fix  on  the  pipe  and  keep  in 
good order and from time to time renew one or more fire hydrants, to be used only for extinguishing fires 
as near as conveniently may be to that factory, workshop, trade premises or place of business. 

(5) The  Chairperson  shall  allow  all  persons  to  take  water  for  extinguishing  fires  from  any  pipe  on 

which a hydrant is fixed without any payment. 

158. Supply  of  water.—(1) The  Chairperson  may  permit  the  owner,  lessee  or  occupier  of  any 
premises  to  connect  the  premises  by  means  of  supply  pipes  for  conveying  to  the  premises  a  supply  of 
water for his domestic purposes from the municipal water works subject to the requirements specified in 
section 159 and the conditions, if any, laid down in the bye-laws made in this behalf. 

(2) The owner of every premises connected with the municipal water works, shall, when so required 
by the Chairperson, set up electric pumps or other contrivances whereby water may be caused to reach to 
the top of the top-most story of such premises. 

159. Laying of supply pipes, etc.—(1) An owner, lessor or occupier of any premises, who desires to 
have a supply of water for his domestic purposes from the municipal water works, shall comply with the 
following requirements, namely:— 

(a) he  shall  give  to  the  Chairperson  fourteen  days‟  notice  of  his  intention  to  lay  the  necessary 

supply pipe; and 

(b) he shall lay the supply pipe at his own expense, having first obtained, as respects any land not 

forming part of a street, the consent of the owners or occupiers thereof: 

Provided that where any part of the supply pipe is to be laid in a street, he shall not himself break 

open the street or lay that part of the pipe. 

(2) Upon the receipt of such a notice as is referred to in sub-section (1), the Chairperson shall lay the 
necessary communication pipe and any part of the supply pipe which is to be laid in street shall connect 
the communication pipe with the supply pipe. 

(3) The expenses, reasonably incurred by the Chairperson in executing the work which he is required 
or  authorised  by  this  section  to  execute,  shall  be  repaid  to  him  by  the  person  to  whom  the  notice  was 
given and may be recovered from such person as an arrear of tax under this Act: 

Provided that if under the provisions of this section, the Chairperson lays a main in lieu of a supply 

pipe, the additional cost incurred in laying the main instead of a supply pipe shall be borne by him. 

(4) Notwithstanding  anything  contained  in  the foregoing  provisions  of  this section,  the  Chairperson 
may,  within  a  reasonable  time  after  the  service  of  the  notice  upon  him,  require  the  person  giving  the 
notice either to pay to him, in advance the cost of the work, as estimated by the Chairperson or any officer 
authorised by in this behalf or to give security for payment thereof to his satisfaction. 

(5) If  any  payment  made  to  the  Chairperson  under  sub-section  (4)  exceeds  the  expenses  which  the 
Chairperson would be entitled to recover from the person giving the notice, the excess shall be repaid by 
him and if and so far as those expenses are not covered by the payment, the Chairperson may recover the 
balance from such person as an arrear of tax under this Act. 

160. Power to require separate service pipes.—(1) The Chairperson may require the provision of a 

separate service pipe for each of the premises supplied or to be supplied by him with water. 

(2) If, in the case of any premises already supplied with water but not having a separate service pipe, 
the  Chairperson  gives  notice  to  the  owner  of  the  premises  requiring  the  provision  of  such  a  pipe,  the 
owner shall, within three months, lay so much of the required pipe as will constitute a supply pipe and is 
not  required  to  be  laid  in  a  street,  and  the  Chairperson,  shall,  within  fourteen days  after  the  owner  has 
done so, lay so much of the required pipe as will constitute a communication pipe or a supply pipe to be 
laid in a street and make all necessary communications. 

55 

 
(3) If an owner upon whom a notice has been served under sub-section (2) fails to comply therewith 
the Chairperson may himself execute the work which the owner was required to execute and recover the 
expenses reasonably incurred by him in executing the work as an arrear of tax under this Act. 

161. Stopcocks.—(1) On every service pipe laid after the commencement of this Act the Chairperson, 
shall,  and  on  every  service  pipe  laid  before  such  commencement,  Chairperson  may,  fit  a  stopcock 
enclosed in a cover box or a pit of such size as may be reasonably necessary. 

(2) Every  stopcocks fitted on  a  service  pipe  after the  commencement  of  this  Act  shall  be  placed  in 

such position as the Chairperson deems most convenient: 

Provided that— 

(a) a stopcock in private premises shall be placed as near as is reasonably practicable to the street 

from which the service pipe enters those premises; and 

(b) a  stopcock  in  a  street  shall  be  placed  as  near  to  the  boundary  thereof  as  is  reasonably 

practicable. 

162. Power  of  Chairperson  to  provide  meters.—(1) The  Chairperson  may  provide  a  water-meter 

and attach the same to the service pipe in premises connected with municipal water works. 

(2) The expense of providing and attaching a meter under sub-section (1) shall be paid out of the New 

Delhi Municipal Fund. 

(3) The  use,  rent  to  be  paid  for  such  use,  maintenance  and  testing  of  meters  shall  be  regulated  by 

orders made by the Council in this behalf. 

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.—(1) No person shall wilfully or negligently cause or 

suffer any water fitting which he is liable to maintain,— 

(a) to be or remain so out of order or so in need of repair, or 

(b) to be or remain so constructed or adapted or to be so used, 

that the water supplied to him by the Council is or is likely to be wasted, misused or unduly consumed, or 
contaminated before use, or that foul air or any impure matter is likely to return into any pipe belonging 
to, or connected with, a pipe belonging to the Council. 

(2) If any water fittings which any person is liable to maintain is in such a condition, or so constructed 
or  adapted  as  aforesaid,  the  Chairperson,  without  prejudice  to  his  right  to  proceed  against  the  person 
under  any  other  provision  of  this  Act  may  require  that  person  to  carry  out  any  necessary  repairs  or 
alterations and if he fails to do so within forty-eight hours, may himself carry out the work and recover 
from him the expenses reasonably incurred by him in so doing, as an arrear of tax. 

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.—(1) If  the 
Chairperson is of opinion that the water in or obtained from any well, tank or other source of supply not 
vested  in  the  Council,  being  water  which  is  or  is  likely  to  be  used  for  domestic  purposes,  or  for  the 
preparation  of  food  or  drink  for  human  consumption,  is  or  is  likely  to  become  so  polluted  as  to  be 
prejudicial to health, the Chairperson may, after giving the owner or occupier of the premises in which the 
source of supply is situated a reasonable opportunity of being heard, by order, direct that the source of 
supply  be  permanently  or  temporarily  closed  or  cut  off  or  the  water  therefrom  be  used  for  certain 
purposes only or make such order as appears to him necessary to prevent injury or danger to the health of 
persons using the water or consuming food or drink prepared therewith or therefrom. 

56 

 
(2) Before making any order under this section, the Chairperson may cause the water to be analysed 

at the cost of the Council. 

(3) If  the  person  to  whom  an  order  is  made  under  this  section  fails  to  comply  therewith,  the 
Chairperson  may  do  whatever  may  be  necessary  for  giving  effect  to  the  order,  and  any  expenses 
reasonably incurred by him in so doing may be recovered by him from the person in default as an arrear 
of tax under this Act. 

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. 

(2) No  latrine,  or  cesspool  shall  be  constructed  or  made  within  six  meters  of  any  well,  tank,  water 
pipe or cistern or in any position where the pipe, well, tank or cistern is likely to be injured or the water 
therein polluted. 

169. Power  to  cut  off  private  water  supply  or  to  turn  off  water.—(1) The  Chairperson  may, 
subject to the conditions laid down in this behalf in the bye-laws, cut off or turn off water supply from 
any municipal water work to any premises or part thereof to which a private water supply is furnished by 
the Council. 

(2) The expenses of cutting off or turning off water supply shall be paid by the owner or occupier of 

premises and shall be recoverable from the owner or occupier as an arrear of tax under this Act. 

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 sewerage 

171. Public  drains,  etc.,  to  vest  in  the  Council.—(1) All  public  drains,  all  drains  in,  alongside  or 
under  any  public  street,  and  all  sewage  collection  works,  whether  constructed  out  of  the  New  Delhi 
Municipal Fund or otherwise and all works, materials and things appertaining thereto, which are situated 
in New Delhi shall vest in the Council. 

(2) All public and other drains which are vested in the Council are hereafter in this Act referred to as 

municipal drains. 

(3) For the purposes of enlarging, deepening or otherwise repairing or maintaining any such drain or 
sewage  collection  work  so  much  of  the  sub-soil  appertaining  thereto  as  may  be  necessary  for  the  said 
purpose shall be deemed all so to vest in the Council. 

(4) All drains and ventilation shafts, pipes and all appliances and fittings connected with the drainage 
works  constructed,  erected  or  set  up  out  of  the  New  Delhi  Municipal  Fund  in  or  upon  premises  not 
belonging to the Council whether— 

(a) before or after the commencement of this Act, and 

(b) for the use of the owner or occupier of such premises or not,  

shall, unless the Council has otherwise determined, or does at any time otherwise determine, vest and be 
deemed always to have vested in the Council. 

172. Control  of  drains  and  sewage  collection  works.—(1) All  municipal  drains,  all  sewage 
collection  and  all  works,  materials  and  things  appertaining  thereto  shall  be  under  the  control  of  the 
Chairperson. 

(2) The  Chairperson  shall  maintain  and  keep  in  repair  all  municipal  drains  and  sewage  collection 
works  and  when  authorised  by  the  council,  shall  construct  as  many  new  drains  and  sewage  collection 
works as may from time to time be necessary for effectual drainage and sewage collection. 

57 

 
173. Certain matters not to be passed into municipal drains.—(1) No person shall throw, empty, 

or turn into any municipal drain or into any drain communicating with a municipal drain— 

(a) any  matter  likely  to  injure  the  drain  or  to  interfere  with  the  free  flow  of  its  contents,  or  to 

affect prejudicially the treatment and disposal of its contents; or 

(b) any  chemical,  refuse  or  waste  steam,  or  any  liquid  of  a  temperature  higher  than  forty-five 
degrees centigrade, being refuse or steam which, or a liquid which when so heated, is, either alone or 
in combination with the contents of the drain, dangerous, or the cause of a nuisance, or prejudicial to 
health; or 

(c) any dangerous petroleum. 

(2) In this section, the expression “dangerous petroleum” has the same meaning as in the Petroleum 

Act, 1934 (30 of 1934). 

174. Application  by  owners  and  occupiers  to  drain  into  municipal  drains.—(1) Subject  to  such 
conditions as may be prescribed by bye-laws made in this behalf, the owner or occupier of any premises 
having a private drain, or the owner of any private drain within New Delhi may apply to the Chairperson 
to have his drain made to communicate with the municipal drains and thereby to discharge foul water and 
surface water from those premises or that private drain: 

Provided that nothing in this sub-section shall entitle any person— 

(a) to discharge directly or indirectly into any municipal drain— 

(i) any  trade  effluent  from  any  trade  premises  except in  accordance  with  bye-laws  made  in 

this behalf; or 

(ii) any liquid or other matter the discharge of which into municipal drains is prohibited by or 

under this Act or any other law; or 

(b) where separate municipal drains are provided for foul water and for surface water to discharge 

directly or indirectly— 

(i) foul water into a drain provided for surface water; or 

(ii) except  with  the  permission  of  the  Chairperson,  surface  water  into  a  drain  provided  for 

foul water; or 

(c) to have his drains made to communicate directly with a strom-water overflow drain. 

(2) Any  person  desirous  of  availing  himself  of  the  provisions  of  sub-section  (1) shall  give  to  the 
Chairperson  notice  of  his  proposals,  and  at  any  time  within  one  month  after  receipt  thereof,  the 
Chairperson may by notice to him refuse to permit the communication to be made, if it appears to him 
that  the  mode  of  construction  or  condition  of  the  drain  is  such  that  the  making  of  the  communication 
would be prejudicial to the drainage system, and for the purpose of examining the mode of construction 
and condition of the drain he may, if necessary, require it to be laid open for inspection. 

(3) The  Chairperson  may,  if  he  thinks  fit,  construct  such  parts  of  the  work  necessary  for  having  a 
private drain made to communicate with a municipal drain, as is in or under a public street and in such a 
case, the expenses incurred by the Chairperson shall be paid by the owner or occupier of the premises, or 
as the case may be, the owner of the private drain and shall be recoverable from the owner or occupier as 
an arrear of tax under this Act. 

175. Drainage  of  and  drained  premises.—(1) Where  any  premises  are  in  the  opinion  of  the 
Chairperson, without sufficient means of effectual drainage and a municipal drain or some place approved 
by  the  Chairperson  for  the  discharge  of  filth  and  other  polluted  and  obnoxious  matter  is  situated  at  a 
distance  of  not  exceeding  thirty  meters  from  any  part  of  the  said  premises,  he  may,  by  written  notice, 
require the owner of the said premises— 

(a) to make a drain emptying into such municipal drain or place; 

(b) to  provide  and  set  up  all  such  appliances  and  fittings  as  may  appear  to  the  Chairperson 
necessary  for  the  purposes  of  gathering  and  receiving  the  filth  and  other  polluted  and  obnoxious 

58 

 
matter from, and conveying the same off, the said premises and of effectually flushing such drain and 
every fixture connected therewith; 

(c) to  remove  any  existing  drain  or  other  appliance  or  thing  used  or  intended  to  be  used  for 

drainage which is injurious to health; 

(d) to provide a closed drain in substitution of an open drain or to provide such other appliance or 
thing either newly or in substitution of any existing appliance or thing or to provide both a close drain 
and  such  other  appliance  or  thing  in  substitution  of  the  existing  open  drain  and  other  appliance  or 
thing, which is or is likely to be injurious to health; 

(e) to provide and set up all such appliances and fittings as may appear to the Chairperson to be 
necessary  for  the  purpose  of  gathering  and  receiving  the  waste  water  from  floors  and  galleries  of 
buildings when they are washed, and conveying the same through spouts, by down-take pipes so as to 
prevent  such  waste  water  from  discharging  directly  on  streets  or  inside  any  lower  portion  of  the 
premises; 

(f) to  carry  out  any  work  to  improve  or  re-model  an  existing  drain  which  is  inadequate, 

insufficient or faulty. 

(2) Where  in  any  case  not  provided  for  in  sub-section  (1)  any  premises  are,  in  the  opinion  of  the 
Chairperson, without sufficient means of effectual drainage, he may, by written notice, require the owner 
of the premises— 

(a) to construct a drain up to a point to be prescribed in such notice but not at a distance of more 

than thirty meters from any part of the premises; or 

(b) to construct a closed cesspool or soakage pit and drain or drains emptying into such cesspool 

or soakage pit. 

(3) Any  requisition  for  the  construction  of  any  drain  under  sub-section  (2)  may  contain  any  of  the 

details specified in sub-section (1). 

176. New  premises  not  to  be  erected  without  drains.—(1) It  shall  not  be  lawful  to  erect  or  to        

re-erect any premises in New Delhi or to occupy any such premises unless— 

(a) a drain be constructed of such size, materials and description, at such level and with such fall 

as shall appear to the Chairperson to be necessary for the effectual drainage of such premises; 

(b) there  have  been  provided  and  set  up  on  such  premises  such  appliances  and  fittings  as  may 
appear to the Chairperson to be necessary for the purposes of gathering or receiving the filth and other 
polluted and obnoxious matter from, and conveying the same off, the said premises and of effectually 
flushing the drain of the said premises and every fixture connected therewith. 

(2) The drain so constructed shall empty into a municipal drain situated at a distance of not exceeding 
thirty meters from the premises; but if no municipal drain is situated within that distance then such drain 
shall  empty  into  a  cesspool  situated  within  that  distance  to  be  specified  by  the  Chairperson  for  the 
purpose. 

177. Power to drain group or block of premises by combined operations.—(1) If it appears to the 
Chairperson that any group or block of premises may be drained more economically or advantageously in 
combination  than  separately,  and  a  municipal  drain  of  sufficient  size  already  exists  or  is  about  to  be 
constructed within thirty meters of any part of that group or block of premises, the Chairperson may cause 
that group or block of premises to be drained by a combined operation. 

(2) The expenses incurred in carrying out any work under sub-section (1) in respect of any group or 
block of premises shall be paid by the owners of such premises in such proportions as the Chairperson 
may determine and shall be recoverable from them as an arrear of tax under this Act. 

(3) Not less than fifteen days before any such work is commenced, the Chairperson shall give to each 

such owner— 

(a) written notice of the nature of the proposed work, and 

59 

 
(b) an  estimate  of  the  expenses  to  be  incurred  in  respect  thereof  and  of  the  proportion  of  such 

expenses payable by him. 

(4) The Chairperson may require the owners of such groups or block of premises to maintain the work 

executed under this section. 

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  unobjectionable  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— 

(a) that  such  drain  be  closed,  discontinued  or  destroyed  and  that  any  work  necessary  for  that 

purpose be done; or 

(b) that such drain shall, from such date as may be specified in the notice in this behalf, be used 

for filth and polluted water only or for rain water and unpolluted sub-soil water only: 

Provided that— 

(i) no drain may be closed, discontinued or destroyed by the Chairperson under clause (a) except 
on  condition  of  his  providing  another  drain  equally  effectual  for  the  drainage  of  the  premises  and 
communicating with any municipal drain which he thinks fit; and 

(ii) the  expenses  of  the  construction  of  any  drain  so  provided  by  the  Council  and  of  any  work 

done under clause (a) may be paid out of the New Delhi Municipal Fund. 

179. Use of drain by a person other than the owner.—(1) Where the Chairperson either on receipt 
of an application from the owner of any premises or otherwise is of the opinion that the only, or the most 
convenient  means  of  effectual  drainage  of  the  premises  into  a  municipal  drain  is  through  a  drain 
belonging to another person, the Chairperson may by notice in writing require the owner of such drain to 
show  cause  within a  period  specified  in  the  notice as  to  why  an  order  under this  section  should  not  be 
made. 

(2) Where  no  cause  is  shown  within  the  specified  period  or  the  cause  shown  appears  to  the 
Chairperson invalid or insufficient, the Chairperson may by order in writing either authorise the owner of 
the premises to use the drain or declare him to be a joint owner thereof. 

(3) An order made under sub-section (2) may contain directions as to— 

(a) the payment of rent or compensation by the owner of the premises; 

(b) the construction of a drain for the premises for the purpose of connecting it with the aforesaid 

drain; 

(c) the entry upon the land in which the aforesaid drain is situate with assistants and workmen at 

all reasonable hours; 

(d) the respective responsibilities of the parties for maintaining, repairing, flushing, cleaning and 

emptying the aforesaid drain. 

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  owner  to  carry  out  certain  works  for  satisfactory 
drainage.—For  the  purpose  of  efficient  drainage  of  any  premises,  the  Chairperson  may,  by  notice  in 
writing— 

(a) require  any  courtyard,  alley  or  passage  between  two  or  more  buildings  to  be  paved  by  the 
owner or owners of such buildings with such materials and in such manner as may be approved by the 
Chairperson, and 

(b) require such paving to be kept in proper repair. 

60 

 
Collection of sewage 

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. 

Miscellaneous 

183. 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. Building, railways and private streets not to be erected or constructed over drains or water 
works without permission.—(1) Without the written permission of the Chairperson no railway or private 
street  shall  be  constructed  and  no  building,  wall,  fence  or  other  structure  shall  be  erected  on  any 
municipal drain or on any water works constructed or maintained by, or vested in, the Council. 

(2) If any railway or private street be constructed or any building, wall, fence or structure erected on 
any drain or water works as aforesaid without the written permission of the Chairperson, the Chairperson 
may remove or otherwise deal with the same as he may think fit. 

(3) The expenses incurred by the Chairperson in so doing shall be paid by the owner of the private 
street  or  of  the  building,  fence,  wall  or  other  structure  or,  as  the  case  may  be,  by  the  railway 
administration or the person offending and shall be recoverable as an arrear of tax under this Act. 

185. Rights  of  user  of  property  for  aqueducts,  lines,  etc.—(1) The  Chairperson  may  place  and 
maintain  aqueducts,  conduits  and  lines  of  mains  or  pipes  or  drains  over,  under,  along  or  across  any 
immovable property whether within or without the local limits of the Council without acquiring the same, 
and  may  at  any  time  for  the  purpose  of  examining,  repairing,  altering  or  removing  any  aqueducts, 
conduits or lines of mains or pipes or drains, enter on any property over, under, along or across which the 
aqueducts, conduits or lines of mains or pipes, or drains have been placed: 

Provided that the Council shall not acquire any right other than a right of user in the property over, 

under, along or across which any aqueduct, conduit or line of mains or pipes, or drain is placed. 

(2) The powers conferred by sub-section (1) shall not be exercisable in respect of any property vested 
in the Union or under the control or management of the Central Government or railway administration or 
vested  in  any  local  authority  save  with  the  permission  of  the  Central  Government  or  railway 
administration or the local authority, as the case may be, and in accordance with any bye-laws made in 
this behalf: 

Provided  that  the  Chairperson  may,  without  such  permission,  repair,  renew  or  amend  any  existing 
works  of  which  the  character  or  position  is  not  to  be  altered  if  such  repair,  renewal  or  amendment  is 
urgently necessary in order to maintain without interruption the supply of water, drainage or collection of 
sewage or is such that delay would be dangerous to health, human life or property. 

(3) In exercise of the powers conferred upon him by this section, the Chairperson shall cause as little 
damage  and  inconvenience  as  may  be  possible,  and  shall  make  full  compensation  for  any  damage  or 
inconvenience caused by him. 

186. Power  of  owner  of  premises  to  place  pipes  and  drains  through  land  belonging  to  other 
persons.—(1) If it appears to the Chairperson that the only or most convenient means of water supply to, 
and drainage of, any premises is by placing or carrying any pipe or drains over, under, along or across the 

61 

 
immovable property of another person, the Chairperson may, by order in writing, authorise the owner of 
the premises to place or carry such pipe or drain over, under, along or across such immovable property: 

Provided that before making any such order the Chairperson shall give to the owner of the immovable 
property a reasonable opportunity of showing cause within such time as may be prescribed by bye-laws 
made in this behalf as to why the order should not be made: 

Provided further that the owner of the premises shall not acquire any right other than a right of user in 

the property over, under, along or across which any such pipe or drain is placed or carried. 

(2) Upon the making of an order, under sub-section (1), the owner of the premises may, after giving 
reasonable  notice  of  his  intention  so  to  do,  enter  upon  the  immovable  property  with  assistants  and 
workmen at any time between sunrise and sunset for the purpose of placing a pipe or drain over, under, 
along or across such immovable property or for the purpose of repairing the same. 

(3) In placing or carrying a pipe or drain under this section, as little damage as possible shall be done 

to the immovable property and the owner of the premises shall— 

(a) cause the pipe or drain to be placed or carried with the least practicable delay; 

(b) fill in, re-instate and make good at his own cost and with the least practicable delay, any land 

opened, broken up or removed for the purpose of placing or carrying such pipe or drain; and 

(c) pay  compensation  to  the  owner  of  the  immovable  property  and  to  any  other  person  who 

sustains damage by reason of the placing or carrying of such pipe or drain. 

(4) If the owner of the immovable property, over, under, along or across which a pipe or drain has 
been placed or carried under this section whilst such immovable property was not built upon, desires to 
erect any building on such property, the Chairperson shall, by notice in writing, require the owner of the 
premises to close, remove or divert the pipe or drain in such manner as shall be approved by him and to 
fill in, re-instate and make good the immovable property as if the pipe  or drain had not been placed or 
carried over, under, along or across the same: 

Provided  that  no  such  requisition  shall  be  made  unless  in  the  opinion  of  the  Chairperson  it  is 
necessary or expedient for the construction of the proposed building or the safe enjoyment thereof that the 
pipe or drain should be closed, removed or diverted. 

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.—(1) When 
under  the  provisions  of  this  Chapter  any  person  may  be  required  or  is  liable  to  execute  any  work,  the 
Chairperson may, in accordance with the provisions of this Act and of any bye-laws made in this behalf, 
cause such work to be executed after giving such person an opportunity of executing the same within such 
time as may be specified by him for this purpose. 

(2) The  expenses incurred or  likely  to  be  incurred  by  the  Chairperson in the  execution of  any  such 
work shall be payable by the said person and the expenses incurred by the Chairperson in connection with 
the maintenance of such work or the enjoyment of amenities and conveniences rendered possible by such 
work shall be payable by the person or persons enjoying such amenities and conveniences. 

(3) The expenses referred to in sub-section (2) shall be recoverable from the person or persons liable 

therefor as an arrear of tax under this Act. 

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.—(1) Where 
it  appears  to  the  Chairperson  that  there  are  reasonable  grounds  for  believing  that  a  private  drain  or 
cesspool  is  in  such  condition  as  to  be  prejudicial  to  health  or  a  nuisance  or  that  a  private  drain 

62 

 
communicating directly or indirectly with a municipal drain is so defective as to admit sub-soil water, he 
may  examine  its  condition,  and  for  that  purpose  may  apply  any  test,  other  than  a  test  by  water  under 
pressure, and if he deems it necessary, open the ground. 

(2) If on examination the drain or cesspool is found to be in proper condition, the Chairperson shall, 
as  soon  as  possible, re-instate  any  ground  which  has been  opened  by  him  and  make  good  any  damage 
done by him. 

191. Bulk receipt of water and delivery of sewage by the Council.—(1) The Council shall receive 
bulk supply of water from, and deliver in bulk all the sewage to, the authority prescribed by the Central 
Government. 

(2) The Council shall be entitled to receive bulk supply of water from, and to deliver in bulk all the 
sewage to, the authority prescribed under sub-section (1) subject to such charges for the supply of water 
in  bulk  to  the  Council  and  the  delivery  of  sewage  of  the  area  of  New  Delhi  as  may  be  determined  by 
means  of  an  agreement  entered  into  between  that  other  authority  and  the  Council.  The  agreement 
mentioned in this sub-section shall provide also for a stipulation therein that in case of any dispute about 
the payments to be made to that other authority by the Council, the matter shall be referred to the Central 
Government whose decision thereon shall be final and binding on both parties. 

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.—(1) No  person  other  than  a  licensed  plumber  shall 
execute  any  work  described  in  this  Chapter  and  no  person  shall  permit  any  such  work  to  be  executed 
except by a licensed plumber: 

Provided  that  if,  in  the  opinion  of  the  Chairperson,  the  work  is  of  a  trivial  nature,  he  may  grant 

permission in writing for the execution of such work by a person other than a licensed plumber. 

(2) Every  person  who  employs  a  licensed  plumber  to  execute  any  work  shall,  when  so  required, 

furnish to the Chairperson the name of such plumber. 

(3) When  any  work  is  executed  except  in  accordance  with  the  provisions  of  sub-section  (1),  such 
work shall be liable to be dismantled at the discretion of the Chairperson without prejudice to the right of 
the Council to prosecute under this Act the person at whose instance such work has been executed. 

(4) The  Council  may  make  bye-laws  for  the  guidance  of  licensed  plumbers  and  a  copy  of  all  such 

bye-laws shall be attached to every licence granted to a plumber by the Council. 

(5) The Council may, from time to time, prescribe the charges to be paid to licensed plumbers for any 

work done by them under or for any of the purposes of this Chapter. 

(6) No licensed plumber shall, for any work referred to in sub-section (5), demand or receive more 

than the charges prescribed therefor, under that sub-section. 

(7) The Council shall make bye-laws providing for— 

(a) the exercise of adequate control on all licensed plumbers; 

(b) the inspection of all works carried out by them; and 

(c) the  hearing  and  disposal  of  complaints  made  by  the  owners  or  occupiers  of  premises  with 
regard to the quality of work done, material used, delay in execution of work, and the charges made, 
by a licensed plumber. 

(8) No  licensed  plumber  shall  contravene  any  of  the  bye-laws  made  under  this  section  or  execute 

carelessly or negligently any work under this Act or make use of bad materials appliances or fittings. 

(9) If any licensed plumber contravenes sub-section (8), his licence may be suspended or cancelled 

whether he is prosecuted under this Act or not. 

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194. Prohibition of certain acts.—(1) No person shall— 

(a) wilfully obstruct any person acting under the authority of the Council, or the Chairperson, in 
setting out the lines of any works or pull up or remove any pillar, post or stake fixed in the ground for 
the  purpose  of  setting  out  lines  of  such  work,  or  deface  or  destroy  any  works  made  for  the  same 
purpose; or 

(b) wilfully or negligently break, injure, turn on, open, close, shut off or otherwise interfere with 

any lock, cock, valve, pipe, meter or other work or apparatus belonging to the Council; or 

(c) unlawfully  obstruct  the  flow  of  or  flush,  draw  off,  or  divert,  or  take  water  from  any  water 

work belonging to the Council; or 

(d) unlawfully  obstruct  the  flow  of,  or  flush,  draw  off,  divert  or  take  sewage  from  any  sewage 
work belonging to the Council or break or damage any electrical transmission line maintained by the 
Council; or 

(e) obstruct any officer or other employee of the Council in the discharge of his duties under this 
Chapter or refuse or wilfully neglect to furnish him with the means necessary for the making of any 
entry, inspection, examination or inquiry thereunder in relation to any water or sewage work; or 

(f) bathe in, at or upon any water work or wash or throw or cause to enter therein any animal, or 
throw any rubbish, dirt or filth into any water work or wash or clean therein any cloth, wool or leather 
or the skin of any animal, or cause the water of any sink, or drain or any steam-engine or boiler or any 
polluted water to turn or be brought into any water work, or do any other act whereby the water in any 
water work is fouled or likely to be fouled. 

(2) Nothing in clause (b) of sub-section (1) shall apply to a consumer closing the stopcock fixed on 
the  service  pipe  supplying  water  to  his  premises  so  long  as  he  has  obtained  the  consent  of  any  other 
consumer whose supply will be affected thereby. 

CHAPTER XII 

ELECTRICITY SUPPLY 

195. Functions in relation to electricity supply.—(1) It shall be the duty of the Council to develop 
and maintain an efficient, co-ordinated and economical system of electricity supply for New Delhi area 
under its jurisdiction and for that purpose to take steps from time to time— 

(a) acquiring supplies of electricity and its distribution to consumers; 

(b) for  preparing  and  carrying  out  in  accordance  with  rules  made  in  this  behalf  schemes  for 

distribution of electricity. 

(2) In  the  discharge  of  its  functions  in  relation  to  electricity  supply,  the  Council  shall,  as  far  as 

practicable— 

(a) promote the use of all economical methods of transmitting and distributing electricity; 

(b) secure the development of supplies of electricity; 

(c) secure the extension of supplies of electricity to areas without such supplies; 

(d) promote the standardisation of systems of supply and types of electrical fittings; 

(e) promote the simplification and standardisation of methods of charge for supplies of electricity. 

196. Additional  functions  in  relation  to  electricity  supply.—(1) The  Council  may  take  steps  to 
manufacture, purchase, sell or let on hire on the execution of a hire purchase agreement or otherwise, any 
electrical  machinery,  control  gear,  fittings,  wires  or  apparatus  for  lighting,  heating,  cooling  or  motive 
power or for any other purpose for which electricity can or may be used, or any industrial or agricultural 
machinery  operated  by  electricity,  and  to  install,  connect,  repair,  maintain  or  remove  such  machinery, 
control gear, fitting, wires or apparatus and in respect thereof demand and take such remuneration or rents 
and charges and make such terms and conditions as it deems fit. 

(2) The Council may also maintain shops and show rooms for the display, sale or hire of machinery, 
control  gear,  fittings,  wires  or  apparatus  as  aforesaid,  conduct  displays,  exhibitions  and  demonstrations 

64 

 
thereof and generally do all things, including advertising incidental to the sale or hire of such machinery, 
control  gear,  fittings,  wires  and  apparatus  and  to  the  promotion  and  encouragement  of  the  use  of 
electricity. 

(3) Moneys  received  and  expended 

in  connection  with  additional  functions  specified 

in                       

sub-sections (1) and (2) shall be shown separately in the accounts. 

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.—
(1) No  building,  wall  or  other  structure  shall  be  newly  erected  and  no  street  or  railway  shall  be 
constructed  over,  or  in  such  a  manner  as  to  interfere  with,  any  work  constructed  or  maintained  for  the 
purposes of the electric supply except with the written permission of the Chairperson. 

(2) The Chairperson may cause any building, wall or other structure erected, or any street or railway 
constructed in contravention of sub-section (1), to be removed or otherwise dealt with as he deems fit, and 
the  expenses  incurred  therefor  shall  be  paid  by  the  person  or  authority  responsible  and  shall  be 
recoverable from such person or authority as an arrear of tax under this Act. 

199. Power of Council to make arrangements with licensees.—(1) The Council may enter into an 
agreement with any licensee within or outside New Delhi in regard to the purchase of electricity and price 
thereof and within New Delhi in regard to sale and price thereof or in regard to operation or control of any 
generating station or main transmission line and notwithstanding anything contained in any law or in any 
licence,  memorandum  of  association  or  other  instrument  regulating  the  constitution  and  powers  of  the 
licensee, it shall be lawful for the licensee to enter into and carry out any agreement. 

(2) In entering into an agreement under this section the Council shall not show any undue preference 

to any licensee. 

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.—(1) The  Council  shall  receive  bulk  supply  of 

electricity from the authority which may be prescribed by the Central Government. 

(2) The Council shall be entitled to receive bulk supply of electricity from that authority prescribed by 
the  Central  Government  subject  to  such  terms  and  conditions  as  may  be  determined  by  means  of  a 
contract  entered  into  between  that  other  authority  and  the  Council.  The  contract  mentioned  in  this        
sub-section shall provide also for a stipulation therein that disputes between that other authority and the 
Council in regard to any matter relating to the bulk supply of electricity to the Council shall be referred to 
the Central Government whose decision thereon shall be final and binding on both parties. 

CHAPTER XIII 

STREETS 

Construction, maintenance and improvement of streets 

202. Vesting of public streets in the Council.—(1) All streets within New Delhi which are or at any 
time  become  public  streets  and  the  pavements,  stones  and  other  materials  thereof  shall  vest  in  the 
Council: 

Provided that no public street which immediately before the commencement of this Act vested in the 
Union shall, unless the Central Government with the consent of the Council so directs, vest in the Council 
by virtue of this sub-section. 

65 

 
(2) All public streets vesting in the Council shall be under the control of the Chairperson and shall be 

maintained, controlled and regulated by him in accordance with the bye-laws made in this behalf. 

203. Functions of Chairperson in respect of public streets.—(1) The Chairperson shall, from time 
to time, cause all public streets vested in the Council to be levelled, metalled or paved, channelled, altered 
or repaired, and may widen, extend or otherwise improve any such street or cause the soil thereof to be 
raised,  lowered  or  altered  or  may  place  and  keep  in  repair  fences  and  posts  for  the  safety  of  foot 
passengers: 

Provided that no widening, extension or other improvement of a public street, the aggregate cost of 
which  will  exceed  one  lakh  rupees,  shall  be  undertaken  by  the  Chairperson  except  with  the  previous 
sanction of the Council. 

(2) With the previous sanction of the Council, the Chairperson may permanently close the whole or 

any part of a public street: 

Provided  that  before  according  such  sanction  the  Council  shall  by  notice,  published  in  the  manner 
specified by bye-laws give reasonable opportunity to the residents likely to be affected by such closure to 
make  suggestions  or  objections  with  respect  to  such  closure  and  shall  consider  all  such  suggestions  or 
objections which may be made within one month from the date of publication of the said notice. 

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,— 

(a) lay out and make new public streets; 

(b) construct bridges and sub-ways; 

(c) turn or divert any existing public street; and 

(d) lay  down  and  determine  the  position  and  direction  of  a  street  or  streets  in  any  part  of  New 
Delhi  notwithstanding  that  no  proposal  for  the  erection  of  any  building  in  the  vicinity  has  been 
received. 

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.—(1) The 

Chairperson may— 

(a) prohibit or regulate vehicular traffic in any public street or any portion thereof so as to prevent 
danger,  obstruction  or  inconvenience  to  the  public  or  to  ensure  decongestion  or  smooth  flow  or 
quietness in any locality; 

(b) prohibit or regulate in respect of all public streets, or any particular public street, the transit of 
any vehicle of such form, construction weight or size or laden with such heavy or unwieldly objects 
as  may  be  likely  to  cause  injury  to  the  road-ways  or  any  construction  thereon,  except  under  such 
conditions  as  to  time,  mode  of  traction  or  locomotion,  use  of  appliances  for  the  protection  of 
roadways,  number  of  lights  and  assistants  and  other  general  precautions  and  upon  the  payment  of 
such charges as may be specified by the Chairperson generally or specially in each case; and 

(c) prohibit or regulate access to premises from any  particular public street carrying high speed 

vehicular traffic: 

Provided  that  the  Chairperson  shall  not  take  action  without  sanction  of  the  Council  in  cases  under 

clauses (a) and (c). 

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(2) Notices of such prohibition as are imposed under sub-section (1) shall be posted in conspicuous 
places  at  or  near  both  ends  of  public  streets  or  portions  thereof  to  which  they  relate,  unless  such 
prohibition applies generally to all public streets. 

208. Power  to  acquire  lands  and  buildings  for  public  streets  and  for  public  parking  places.—  

(1) Subject to the provisions contained in Chapter X, the Chairperson may— 

(a) acquire  any  land  required  for  the  purpose  of  opening,  widening,  extending  or  otherwise 
improving any public street or of making any new public street, and any building standing upon such 
land; 

(b) acquire in relation to any such land or building, all such land with buildings, if any, thereon as 
the Council may think expedient to acquire outside of the regular line, or of the intended regular line, 
of such street; 

(c) acquire any land for the purpose of laying out or making a public parking place. 

209. Defining  the  regular  line  of  streets.—(1) The  Chairperson  may  define  a  line  on  one  or  both 
sides of any public street in accordance with the bye-laws made in this behalf and may, with the previous 
sanction of the Council, redefine at any time any such regular line: 

Provided  that,  before  according  sanction  the  Council  shall  by  public  notice  afford  reasonable 
opportunity to the residents or premises abutting on such public street to make suggestions or objections 
with  respect  to  the  proposed  redefined  line  of  the  street  and  shall  consider  all  such  suggestions  or 
objections which may be made within one month from the date of the publication of the said notice: 

Provided further that the regular line of any public street operative under any law in force in any part 
of New Delhi immediately before the commencement of this Act shall be deemed to be a line defined by 
the Chairperson under this sub-section. 

(2) The line for the time being defined or redefined shall be called the regular line of street. 

(3) No person shall construct or reconstruct any building or a portion thereof or any boundary wall or 
other  structure  whatsoever  within  the  regular  line  of  a  street  except  with  the  written  permission  of  the 
Chairperson: 

Provided that if within sixty days after the receipt of application from any person for permission to 
construct or reconstruct a boundary wall or portion thereof, the Chairperson fails to take steps to acquire 
the  land  within  the  regular  line  of  the  street  in  the  accordance  with  section  212,  then  that  person  may, 
subject to any other provisions of this Act and the bye-laws made thereunder, proceed with the work of 
construction or reconstruction of such boundary wall or portion thereof. 

(4) When the Chairperson grants permission for the construction or reconstruction of any building or 
any boundary wall or other structure within the regular line of a street, he may require the owner of the 
building  to  execute  an  agreement  binding  himself  and  his  successors-in-interest  not  to  claim 
compensation  in  the  event  of  the  Chairperson  at  any  time  thereafter  calling  upon  him  or  any  of  his 
successors by written notice to remove any work carried out in pursuance of such permission and to pay 
the expenses of such removal if, in default, such removal is carried out by the Chairperson and may for 
that  purpose  require  such  owner  to  deposit  in  the  New  Delhi  Municipal  Fund  such  sum  as  may  be 
determined by him. 

(5) The Chairperson shall maintain— 

(a) a  register  containing  such  particulars  as  may  be  specified  by  him  in  this  behalf  with  plans 
attached thereto showing all public streets in respect of which the regular line of the street has been 
defined or redefined and containing any other particulars which the Chairperson may deem necessary; 

(b) a  register  of  all  agreements  executed  under  sub-section  (4)  and  of  all  deposits  made 

thereunder. 

(6) All such  registers  shall  be open  to  inspection by  any  person  on  payment  of such fee  as  may  be 

prescribed by the Chairperson with the sanction of Council. 

(7) Any agreement entered into in pursuance of sub-section (4) shall be in writing, shall be registered 
under the Registration Act, 1908 (16 of 1908), and shall be deemed to be an agreement in respect of the 

67 

 
land  to  which  it  relates  and  any  condition  contained  in  such  agreement  shall  be  deemed  to  be  an 
obligation annexed to the ownership of the said land and enforceable against the successors-in-interest of 
the owner of such land. 

210. Setting  back  building  to  regular  line  of  street.—(1) If  any  part  of  a  building  abutting  on  a 

public street is within the regular line of that street, the Chairperson may, whenever it is proposed— 

(a) to  repair,  rebuild  or  construct  such  building  or  to  take  down  such  building  to  an  extent 

exceeding one-half thereof above the ground level, such half to be measured in cubic metres; or 

(b) to repair, remove, construct or reconstruct or make any additions to, or structural alterations 

of, any portion of such building which is within the regular line of the street, 

by any order which he issues concerning the addition to, rebuilding construction, repair or alterations of, 
such building, require such building to be set back to the regular line of the street. 

(2) When any building or any part thereof within the regular line of a public street falls down or is 
burnt down or is, whether by the order of the Chairperson or otherwise, taken down, the Chairperson may 
forthwith take possession on behalf of the Council of the portion of the land within the regular line of the 
street therefor occupied by the said building and, if necessary, clear the same. 

(3) Land acquired under this section shall be deemed to be part of the public street and shall vest in 

the Council. 

211. Compulsory  setting  back  of  building  to  regular  line  of  street.—(1) Where  any  building  or 
any  part  thereof  is  within  the  regular  line  of  a  public  street  and  in  the  opinion  of  the  Chairperson  it  is 
necessary to set back the building or part thereof to the regular line of the street he may, by notice served 
on the owner in accordance with the provisions of this Act, require him to show cause within such period 
as may be specified in the notice as to why such building or part thereof which is within the regular line 
of the street should not be pulled down and the land within the regular line acquired by the Chairperson 
on behalf of the Council. 

(2) If such owner fails to show cause as required by sub-section (1) the Chairperson may require the 
owner by another notice to be served on him in accordance with the provisions of this Act, to pull down 
the building or part thereof which is within the regular line of the street within such period as is specified 
in the notice. 

(3) If within such period the owner of the building fails to pull down the building or part thereof as 
required by the Chairperson, the Chairperson may pull down the same and all the expenses incurred in so 
doing shall be paid by the owner and recoverable from him as an arrear of tax under this Act. 

(4) The Chairperson shall at once take possession on behalf of the Council of the portion of the land 
within  the  regular  line  of  the  street  occupied  by  the  said  building  or  part  thereof  and  such  land  shall 
thereupon be deemed to be part of the public street and shall vest in the Council. 

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.—(1) Where a land or building is partly within the regular line 
of a public street and the Chairperson is satisfied that the land remaining after the excision of the portion 
within the said line will not be suitable or fit for any beneficial use, he may, at the request of the owner, 

68 

 
acquire such land in addition to the land within the said line and such surplus land shall be deemed to be a 
part of the public street and shall vest in the Council. 

(2) Such surplus land may thereafter, be utilised for the purpose of setting forward a building under 

section 214. 

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.—(1) Compensation shall be paid by the Chairperson to the owner of any building or land acquired 
for a public street under the provisions of sections 210, 211 and 212 for any loss which such owner may 
sustain in consequence of his building or land being so acquired and for any expense incurred by such 
owner in consequence of any order made by the Chairperson: 

Provided that— 

(a) any increase or decrease in the value of the remainder of the property of which the building or 
land so acquired formed part, likely to accrue from the setting back to the regular line of the street 
shall be taken into consideration and allowed for in determining the amount of such compensation; 

(b) if any such increase in the value exceeds the amount of loss sustained or expenses incurred by 
the  owner,  the  Chairperson  may  recover  from  him  half  the  amount  of  such  excess  as  a  betterment 
charge. 

(2) If in consequence of any order to set forward a building made by the Chairperson the owner of 
such building sustains any loss or damage, compensation shall be paid to him by the Chairperson for such 
loss or damage after taking into account any increase in value likely to accrue from the setting forward. 

(3) If the additional land which will be included in the premises of any person required or permitted 
under  sub-section  (2)  to  set  forward  a  building  belongs  to  the  Council,  the  order  or  permission  of  the 
Chairperson to set forward the building shall be a sufficient conveyance to the said owner of the said land; 
and  the  price  to  be  paid  to  the  Council  by  the  owner  for  such  additional  land  and  the  other  terms  and 
conditions of the conveyance shall be set forth in the order or permission. 

(4) If,  when  the  Chairperson  requires  any  building  to  be  set  forward,  the  owner  of  the  building  is 
dissatisfied  with  the  price  fixed  to  be  paid  to  the  Council  or  with  any  of  the  terms  or  conditions  of 
conveyance, the Chairperson shall, upon the application of the owner at any time within fifteen days after 
the said terms and conditions are communicated to him, refer the case for the determination of the court 
of the district judge of Delhi whose decision thereon shall be final. 

Private streets 

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.—(1) Before  utilising,  selling  or  otherwise  dealing  with  any  land  under        

section 216, the owner thereof shall send to the Chairperson a written application with a layout plan of the 
land showing the following particulars, namely:— 

(a) the plots into which the land is proposed to be divided for the erection of buildings thereon 

and the purpose or purposes for which such buildings are to be used; 

69 

 
(b) the  reservation  or  allotment  of  any  site  for  any  street,  open  space,  park,  recreation  ground, 

school, market or any other public purpose; 

(c) the intended level, direction and width of street or streets; 

(d) the regular line of street or streets; 

(e) the arrangement to be made for levelling, paving, metalling, flagging, channelling, sewering, 

draining, conserving and lighting street or streets. 

(2) The provisions of this Act and the bye-laws made thereunder as to width of the public streets and 
the height of buildings abutting thereon, shall apply in the case of streets referred to in sub-section (1) and 
all the particulars referred to in that sub-section shall be subject to the sanction of the Council. 

(3) Within sixty days after the receipt of any application under sub-section (1) the Council shall either 
accord sanction to the layout plan on such conditions as it may think fit or disallow it or ask for further 
information with respect to it. 

(4) Such sanction shall be refused— 

(a) if the particulars shown in the lay-out plan would conflict with any arrangements which have 
been made or which are in the opinion of the Council likely to be made for carrying out any general 
scheme of development of New Delhi whether contained in the master plan or a zonal development 
plan prepared for New Delhi or not; or 

(b) if  the  said  lay-out  plan  does  not  conform  to  the  provisions  of  this  Act  and  bye-laws  made 

thereunder; or 

(c) if  any  street  proposed  in  the  plan  is  not  designed  so  as  to  connect  at  one  end  with  a  street 

which is already open. 

(5) No  person  shall  utilise,  sell  or  otherwise  deal  with  any  land  or  lay-out  or  make  any  new  street 
without or otherwise than in conformity with the orders of the Council and if further information is asked 
for, no step shall be taken to utilise, sell or otherwise deal with the land or to  lay-out or make the street 
until orders have been passed upon receipt of such information: 

Provided  that the  passing  of  such  orders  shall  not  be  in  any  case  delayed  for more  than  sixty  days 
after the Council has received the information which it considers necessary to enable it to deal with the 
said application. 

(6) The lay-out plan referred to earlier in this section, shall be prepared by an architect. 

218. Alteration or demolition of street made in breach of section 217.—(1) If any person lays-out 
or makes any street referred to in section 217 without or otherwise than in conformity with the orders of 
the Council, the Chairperson may, whether or not the offender be prosecuted under this Act, by notice— 

(a) require  the  offender  to  show  cause  by  a  written  statement  signed  by  him  and  sent  to  the 
Chairperson on or before such date as may be specified in the notice, why such street should not be 
altered to the satisfaction of the Chairperson or if such alteration be impracticable, why such street 
should not be demolished; or 

(b) require the offender to appear before the Chairperson either personally or by a duly authorised 
agent on such day and at such  time and place as may be specified in the notice and show cause as 
aforesaid. 

(2) If  any  person  on  whom  such  notice  is  served  fails  to  show  cause  to  the  satisfaction  of  the 
Chairperson why such street should not be so altered or demolished, the Chairperson may pass an order 
directing the alternation or demolition of such street. 

219. Power  of  Chairperson  to  order  work  to  be  carried  out  or  to  carry  it  out  himself  in 
default.—(1) If  any  private  street  or  part  thereof  is  not  levelled,  paved,  metalled,  flagged,  chanelled, 
sewered,  drained,  conserved  or  lighted  to the satisfaction  of  Chairperson,  he  may  by  notice require  the 
owners of such street or part and the owners of the lands and buildings fronting or abutting on such street 
or  part to  carry  out any  work  which  in  his  opinion may  be  necessary,  and  within  such  time  as  may  be 
specified in such notice. 

70 

 
(2) If such work is not carried out within the time specified in the notice, the Chairperson, may, if he 
thinks fit, execute it and the expenses incurred shall be paid by the owners referred to in sub-section (1) in 
such proportion as may be determined by the Chairperson and shall be recoverable from them as an arrear 
of tax under this Act. 

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 streets 

221. Prohibition of projections upon streets, etc.—(1) Except as provided in section 222, no person 
shall erect, set up, add to, or place against or in front of any premises any structure or fixture which will— 

(a) overhang, jut or project into, or in any way encroach upon, and obstruct in any way the safe or 

convenient passage of the public along any street, or 

(b) jut or project into or encroach upon any drain or open channel in any street so as in any way to 
interfere  with  the  use  or  proper  working  of  such  drain  or  channel  or  to  impede  the  inspection  or 
cleansing thereof. 

(2) The Chairperson may by notice require the owner or occupier of any premises to remove, or to 
take  such  other  action  as  he  may  direct  in  relation  to,  any  structure  or  fixture  which  has  been  erected,        
set up, added to or placed against, or in front of, the said premises in contravention of this section. 

(3) If the occupier of the said premises removes or alters any structure or fixture in accordance with 
such notice, he shall be entitled, unless the structure or fixture was erected, set up or placed by himself, to 
credit  into  account  with  the  owner  of  the  premises  for  all  reasonable  expenses  incurred  by  him  in 
complying with the notice. 

222. Projections over streets may be permitted in certain cases.—(1) The Chairperson may give a 
written permission, on such terms and on payment of such fee as he in each case thinks fit, to the owner 
or occupier of the building abutting on any street— 

(i) to erect an arcade over such street or any portion thereof; or 

(ii) to put up a verandah, balcony, arch, connecting passage, sun-shade, weather frame, canopy, 
owning or other such structure or thing projecting from any storey over or across any street or portion 
thereof: 

Provided that no  permission  shall  be  given  by  the  Chairperson for  the erection of  an  arcade in  any 

public street in which construction of an arcade has not been generally sanctioned by the Council. 

(2) The  Chairperson  may  at  any  time  by  notice  require  the  owner  or  occupier  of  any  building  to 
remove  a  verandah,  balcony,  sun-shade,  weather  frame  or  the  like  put  up  in  accordance  with  the 
provisions of any law and such owner or occupier shall be bound to take action accordingly but shall be 
entitled to compensation for the loss caused to him by such removal and the cost incurred thereon. 

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.—(1) No person shall, 
except with the permission of the Chairperson granted in this behalf, erect or set up any wall, fence, rail, 
post,  step,  booth  or  other  structure  whether  fixed  or  movable  or  whether  of  a  permanent  or  temporary 
nature, or any fixture in or upon any street or upon or over any open channel, drain, well or tank in any 
street so as to form an obstruction to, or an encroachment upon, or a projection  over, or to occupy any 
portion of such street, channel, drain, well or tank. 

71 

 
(2) Nothing in this section shall apply to any erection or thing to which clause (c) of sub-section (1) of 

section 229 applies. 

225. Prohibition  of  deposit,  etc.,  of  things  in  streets.—(1) No  person  shall,  except  with  the 
permission of the Chairperson and on payment of such fee as he in each case thinks fit, place or deposit 
upon any street, or upon any open channel, drain or well in any street or upon any public place any stall, 
chair,  bench,  box,  ladder,  bale,  or  other  thing  whatsoever  so  as  to  form  an  obstruction  thereto  or 
encroachment thereon. 

(2) Nothing in sub-section (1) applies to building material. 

226. Power to remove anything deposited or exposed for sale in contravention of this Act.—The 

Chairperson may, without notice, cause to be removed— 

(a) any  stall,  chair,  bench,  box,  ladder,  bale,  or  other  thing  whatsoever,  placed,  deposited, 

projected, attached or suspended in, upon, from or to any place in contravention of this Act. 

(b) any article whatsoever hawked or exposed for sale on any public street or in other public place 
in  contravention  of  this  Act  and  any  vehicle,  package,  box  or  any  other  thing  in  or  on  which  such 
article is placed. 

227. Prohibition of the tethering of animals and milking of cattle.—(1) No person shall tether any 

animal or cause or permit the same to be tethered in any public street or public place. 

(2) No person shall milk or cause or permit to be milked any cow or buffalo in any  street or public 

place. 

(3) Any animal tethered or any cow or buffalo found being milked as aforesaid in any street may be 
removed  by  the  Chairperson  or  any  municipal  officer  or  employee  and  be  impounded  and  dealt  with 
under the provisions of the Cattle-trespass Act, 1871 (1 of 1871). 

Provision concerning execution of works in or near to streets 

228. Precautions  during  repair  of  streets.—(1) The  Chairperson  shall,  so  far  as  is  practicable, 
during the construction or repair of any public street, or any municipal drain or any premises vested in the 
Council— 

(a) cause the same to be fenced and guarded, 

(b) take proper precautions against accident by shoring up and protecting the adjoining buildings, 

(c) cause such bars, chains or posts to be fixed across or in any street in which any such work of 
construction or repair is under execution as are necessary in order to prevent the passage of vehicles 
or animals and avert danger. 

(2) The  Chairperson  shall  cause  such  street,  drain  or  premises  to  be  sufficiently  lighted  or  guarded 

during night while under construction or repair. 

(3) The Chairperson shall, with all reasonable speed, cause the said work to be completed, the ground 
to  be  filled  in,  the  street,  drain  or  premises  to  be  repaired  and  the  rubbish  occasioned  thereby  to  be 
removed. 

(4) No person shall, without the permission of the Chairperson or other lawful authority, remove any 

bar, chain, post or shorting, timber, or remove or extinguish any light set up under this section. 

229. Streets not to be opened or broken up and building materials not to be deposited thereon 
without permission.—(1) 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 

72 

 
(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. 

(2) Any permission granted under clause (b) or clause (c) of sub-section (1) shall be terminable at the 
discretion of the Chairperson on his giving not less than twenty-four hours‟ notice of such termination to 
the person to whom such permission was granted. 

(3) The  Chairperson  may,  without  notice,  cause  to  be  removed  any  of  the  things  referred  to  in    

clause  (b)  of  sub-section  (1)  which  has  been  deposited  or  set  up  in  any  street  without  the  permission 
specified in that sub-section or which having been deposited or set up with such permission has not been 
removed within the period specified in the notice issued under sub-section (2): 

Provided  that  nothing  in  this  sub-section  shall  apply  to  cases  under  clause  (b)  or  clause  (c)  of         

sub-section (1) in which an application for permission has been made with such fee as may be prescribed 
by the Chairperson in this behalf but no reply has been sent to the applicant within seven days from the 
date of the application. 

230. Disposal of things removed under this Chapter.—(1) Any of the things caused to be removed 
by the Chairperson under this Chapter shall, unless the owner thereof turns up to take back such thing and 
pays  to  the  Chairperson  the  charges  for  the  removal  and  storage  of  such  thing,  be  disposed  of  by  the 
Chairperson by public auction or in such other manner and within such time as the Chairperson thinks fit. 

(2) The charges for removal and storage and sale of the thing sold under sub-section (1) shall be paid 
out of the proceeds of the sale thereof and the balance, if any, shall be paid to the owner of the thing sold 
on a claim being made therefor within a period of one year from the date of sale, and if no such claim is 
made within the said period, shall be credited to the New Delhi Municipal Fund. 

Naming and numbering of streets and numbering of buildings 

231. Naming and numbering of streets.—(1) The Chairperson may— 

(a) with the sanction of the Council determine the name or number by which any street or public 

place vested in the Council shall be known; 

(b) cause to be put up or painted at a conspicuous part of any building, wall or place at or near 
each  end,  corner  or  entrance  of  such  street  or  on  some  convenient  part  of  such  street,  the  name  or 
number by which it is to be known; 

(c) cause to be put up or painted on boards of suitable size the name of any public place vested in 

the Council; 

(d) determine the number or sub-number by which any premises or part of such premises shall be 
known and cause such number or sub-number to be fixed to the side or outer door of such premises or 
to some place at the entrance of the enclosure thereof. 

(2) No person shall destroy, remove, deface or in any way injure or alter any such name or number or 
sub-number or put up or paint any name or number or sub-number different from that put up or painted by 
order of the Chairperson. 

Repair or enclosure of dangerous places 

232. Chairperson to take steps for repairing or enclosing dangerous places.—(1) If any place is, 
in  the  opinion  of  the  Chairperson,  for  want  of  sufficient  repair  or  protection  or  enclosure,  or  owing  to 
some work being carried on thereupon, dangerous or causing inconvenience to passengers along a street 
or to other persons including the owner or occupier of the said place, who have legal access thereto or to 
the  neighbourhood  thereof,  the  Chairperson  may  by  notice  in  writing  require  the  owner  or  occupier  of 
such place to repair, protect or enclose the same or take such other step as shall appear to the Chairperson 
necessary in order to prevent the danger or inconvenience arising therefrom. 

(2) The Chairperson may before giving any such notice or before the period of any such notice has 
expired,  take  such  temporary  measures  as  he  thinks  fit  to  prevent  the  danger  or  inconvenience  arising 

73 

 
therefrom;  and  any  expense  incurred  by  the  Chairperson  in  taking  such  temporary  measures  shall  be 
recoverable from the owner or occupier of the place as an arrear of tax under this Act. 

233. Measures for lighting.—The Chairperson shall— 

Lighting of streets 

(a) take  measures  for  lighting  in  a  suitable  manner  all  such  public  streets  and  public  places  as 

may be specified by him; 

(b) procure,  erect  and  maintain  such  number  of  lamps,  lamp  posts  and  other  appurtenances  as 

may be necessary for the said purpose; 

(c) cause  such  lamps  to  be  lighted  by  means  of  oil,  electricity  or  such  other  light  as  he  may 

determine. 

234. Prohibition  of  removal,  etc.,  of  lamps.—(1) No  person  shall,  without  lawful  authority,  take 

away or wilfully or negligently break or throw down or damage— 

(a) any  lamp  or  any  appurtenance  of any  lamp  or  lamp  post  or  lamp  iron  set  up;  in any  public 

street or any public place; 

(b) any electric wire for lighting such lamp; 

(c) any post, pole, standard, stay, strut, bracket or other contrivance for carrying, suspending or 

supporting any electric wire or lamp. 

(2) No person shall wilfully or negligently extinguish the light of any lamp set up in any public street 

or any public place. 

(3) If any person wilfully or through negligence or accident breaks, or causes any damage to any of 
the things described in sub-section (1), he shall in addition to any penalty to which he may be subjected 
under this Act, pay the expenses of repairing the damage so done by him. 

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— 

(a) to erect a new building on any site whether previously built upon or not; 

(b) to re-erect— 

(i) any  building  of  which more  than  one-half of the cubical contents  above  the  level  of  the 

plinth have been pulled down, burnt or destroyed; or 

(ii) any  building  of  which  more  than  one-half  of  the  superficial  area  of  the  external  walls 

above the level of the plinth has been pulled down; or 

(iii) any frame building of which more than-half of the number of the columns or beams in 

the external walls have been pulled down; 

(c) to  convert  into  a  dwelling  house  any  building  or  any  part  of  a  building  not  originally 
constructed for human habitation or, if originally so constructed, subsequently appropriated for any 
other purpose; 

(d) to  convert  into  more  than  one  dwelling  house  a  building  originally  constructed  as  one 

dwelling house only; 

(e) to convert into a place of religious worship or into a sacred building any place or building not 

originally constructed for such purpose; 

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(f) to roof or cover an open space between walls or buildings to the extent of the structure which 

is formed by the roofing or covering of such space; 

(g) to convert two or more tenements in a building into a greater or lesser number; 

(h) to convert into a stall, shop, warehouse or godown, stable, factory or garage any building not 

originally constructed for use as such or which was not so used before the change; 

(i) to  convert  a  building  which  when  originally  constructed  was  legally  exempt  from  the 
operations of any building regulations contained in this Act or in any bye-laws made thereunder or in 
any other law, into a building which had it been originally erected in its converted form, would have 
been subject to such building regulations; 

(j) to  convert  into  or  use  as  a  dwelling  house  any  building  which  has  been  discontinued  as  or 

appropriated for any purpose other than, a dwelling house. 

237. Prohibition of building without sanction.—(1) No person shall erect or commence to erect any 
building  or  execute  any  of  the  works  specified  in  section  239  except  with  the  previous  sanction  of  the 
Chairperson  not  otherwise  than  in  accordance  with  the  provisions  of  this  Chapter  and  of  the  bye-laws 
made under this Act in relation to the erection of buildings or execution of works. 

(2) In such areas as may be specified by bye-laws made in this behalf, no roof, verandah, pandal or 
wall of a building or no shed or fence shall be constructed or reconstructed of cloth, grass leaves, mats or 
other  inflammable  materials  except  with  the  written  permission  of  the  Chairperson,  nor  shall  any  such 
roof,  verandah,  pandal,  wall,  shed  or  fence  constructed  or  reconstructed  in  any  year  be  retained  in  a 
subsequent year except with fresh permission obtained in this behalf. 

238. Erection of building.—(1) Every person who intends to erect a building shall apply for sanction 
by  giving  notice  in  writing  of  his  intention  to  the  Chairperson  in  such  form  and  containing  such 
information as may be prescribed by bye-laws made in this behalf. 

(2) Every such notice shall be accompanied by such documents and plans as may be so prescribed. 

239. Applications  for  additions  to,  or  repairs  of,  buildings.—(1) Every  person  who  intends  to 

execute any of the following works, that is to say,— 

(a) to make any addition to a building; 

(b) to  make  any  alteration  or  repairs  to  a  building  involving  the  removal  or  re-erection  of  any 
external or partly wall thereof or of any wall which supports the roof thereof to an extent exceeding 
one-half of such wall above the plinth level, such half to be measured in superficial metres; 

(c) to make any alteration or repairs to a frame building involving the removal or re-erection of 
more  than  one-half  of  the columns  or  posts  in  any  such  wall  thereof  as  aforesaid;  or  involving  the 
removal or re-erection of any such wall thereof as aforesaid to an extent exceeding one-half of such 
wall above plinth level, such half to be measured in superficial metres; 

(d) to make any alteration in a building involving— 

(i) the sub-division of any room in such building so as to convert the same into two or more 

separate rooms; or 

(ii) the conversion of any passage or space in such building into a room or rooms; 

(e) to repair, remove, construct, reconstruct or make any addition to or structural alteration in any 

portion of a building abutting on a street which stands within the regular line of such street; 

(f) to close permanently any door or window in an external wall; 

(g) to remove or reconstruct the principal staircase or to alter its position; 

shall apply for sanction by giving notice in writing of his intention to the Chairperson in such form and 
containing such information as may be prescribed by bye-laws made in this behalf. 

(2) Every such notice shall be accompanied by such documents and plans as may be so prescribed. 

75 

 
240. Conditions  of  valid  notice.—(1) A  person  giving  the  notice  required  by  section  238  shall 
specify the purpose for which it is intended to use the building to which such notice relates; and a person 
giving  the  notice  required  by  section  239,  shall  specify  whether  the  purpose  for  which  the  building  is 
being used is proposed or likely to be changed by the execution of the proposed work. 

(2) No  notice  shall  be  valid  until  the  information  required  under  sub-section  (1)  and  any  further 
information and plans which may be required by bye-laws made in this behalf have been furnished to the 
satisfaction of the Chairperson alongwith the notice. 

241. Sanction or refusal of building or work.—(1) The Chairperson shall sanction the erection of a 
building or the execution of a work unless such building or work would contravene any of the provisions 
of sub-section (2) of this section or the provisions of section 245. 

(2) The grounds on which the sanction of a building or work may be refused shall be the following, 

namely:— 

(a) that  the  building  or  work  or  the  use  of  the  site  for  the  building  or  work  or  any  of  the 
particulars  comprised  in  the  site  plan,  ground  plan,  elevation,  section  or  specification  would 
contravene the provisions of any bye-law made in this behalf or of any other law or rule, bye-law or 
order made under such other law; 

(b) that the notice for sanction does not contain the particulars or is not prepared in the manner 

required under the bye-laws made in this behalf; 

(c) that any information or documents required by the Chairperson under this Act or any bye-laws 

made thereunder has or have not been duly furnished; 

(d) that in cases falling under section 216, lay-out plans have not been sanctioned in accordance 

with section 217; 

(e) that the building or work would be an encroachment on Central Government or Government 

land or land vested in the Council; 

(f) that the site of the building or work does not abut on a street or projected street and that there 
is no access to such building or work from any such street by a passage or pathway appertaining to 
such site; 

(g) that the land on which it is proposed to erect or re-erect such building is vested in the Central 
Government or Government or in the Council, and the consent of the Government concerned or, as 
the case may be, of the Council has not been obtained, or if the title of the land is in dispute between 
such  person  and  the  Council  or  any  Government,  or  for  any  other  reason,  to  be  communicated  in 
writing to the person, which is deemed to be just and sufficient as effecting such building. 

(3) The  Chairperson  shall  communicate  the  sanction  to  the  person  who  has  given  the  notice;  and 
where he refuses sanction on any of the grounds specified in sub-section (2) or under section 245 he shall 
record a brief statement of his reasons for such refusal and the Chairperson shall communicate the refusal 
alongwith the reasons therefor to the person who has given the notice. 

(4) The sanction or refusal as aforesaid shall be communicated in such manner as may be specified in 

the bye-laws made in this behalf. 

242. When building or work may be proceeded with.—(1) Where within a period of sixty days or 
in  cases  falling  under  clause  (b)  of  section  236  within  a  period  of  thirty  days,  after  the  receipt  of  any 
notice under section 238 or section 239 or of the further information, if any, required under section 240, 
the Chairperson does not refuse to sanction the building or work or upon refusal, does not communicate 
the  refusal  to  the  person  who  has  given  the  notice,  the  Chairperson  shall  be  deemed  to  have  accorded 
sanction  to  the  building  or  work  and  the  person  by  whom  the  notice  has  been  given  shall  be  free  to 
commence  and  proceed  with  the  building  or  work  in  accordance  with  his  intention  as  expressed  in  the 
notice and the documents and plans accompanying the same: 

Provided that if it appears to the Chairperson that the site of the proposed building or work is likely to 
be affected by any scheme of acquisition of land for any public purpose or by any proposed regular line of 
a  public  street  or  extension,  improvement,  widening  or  alteration  of  any  street,  the  Chairperson  may 
withhold sanction of the building or work for such period not exceeding three months as he deems fit and 

76 

 
the period of sixty days or as the case may be, the period of thirty days specified in this sub-section shall 
be  deemed  to  commence  from  the  date  of  the  expiry  of  the  period  for  which  the  sanction  has  been 
withheld. 

(2) Where a building or work is sanctioned or is deemed to have been sanctioned by the Chairperson 
under sub-section (1), the person who has given the notice shall be bound to erect the building or execute 
the work in accordance with such sanction but not so as to contravene any of the provisions of this Act or 
any other law or of bye-law made thereunder. 

(3) If  the  person  or  anyone  lawfully  claiming  under  him  does  not  commence  the  erection  of  the 
building  or  the  execution  of  the  work  within  one  year  of  the  date  on  which  the  building  or  work  is 
sanctioned or is deemed to have been sanctioned, he shall have to give notice under section 238 or, as the 
case may be, under section 239 for fresh sanction of the building or the work and the provisions of this 
section shall apply in relation to such notice as they apply in relation to the original notice. 

(4) Before commencing the erection of a building or execution of a work within the period specified 
in sub-section (3), the person concerned shall give notice to the Chairperson of the proposed date of the 
commencement of the erection of the building or the execution of the work: 

Provided that if the commencement does not take place within seven days of the date so notified, the 

notice shall be deemed not to have been given and a fresh notice shall be necessary in this behalf. 

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.—(1) The erection of any 
building on either side of a new street may be refused by the Chairperson unless and until such new street 
has been levelled, and wherever in the opinion of the Chairperson practicable, metalled or paved, drained, 
lighted and laid with a water main to its satisfaction. 

(2) The  erection  of  any  such  building  or  the  execution  of  any  such  work  may  be  refused  by  the 
Chairperson  if  such  building  or  any  portion  thereof  or  such  work  comes  within  the  regular  line  of  any 
street, the position and direction of which has been laid down by the Chairperson but which has not been 
actually  constructed  or  if  such  building  or  any  portion  thereof  or  such  work  is  in  contravention  of  any 
building or any other scheme or plan prepared under this Act or any other law for the time being in force. 

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.—
(1) Where the erection of any building or execution of any work has been commenced, or is being carried 
on,  or  has  been  completed  without  or  contrary  to  the  sanction  referred  to  in  section  241  or  in 
contravention of any condition subject to which such sanction has been accorded or in contravention of 
any of the provisions of this Act or bye-laws made thereunder, the Chairperson may, in addition to any 
other action that may be taken under this Act, make an order directing that such erection or work shall be 
demolished by the person at whose instance the erection or work has been commenced or is being carried 

77 

 
on or has been completed, within such period (not being less than five days and more than fifteen days 
from the date on which a copy of the order of demolition with a brief statement of the reasons therefor has 
been delivered to that person), as may be, specified in the order of demolition: 

Provided that no order of demolition shall be made unless the person has been given by means of a 
notice served in such manner as the Chairperson may think fit, a reasonable opportunity of showing cause 
why such order shall not be made: 

Provided further that where the erection or work has not been completed, the Chairperson may by the 
same  order  or  by  a  separate  order,  whether  made  at  the  time  of  the  issue  of  the  notice  under  the  first 
proviso or at any other time, direct the person to stop the erection or work until the expiry of the period 
within which an appeal against the order of demolition, if made, may be preferred under sub-section (2). 

(2) Any person aggrieved by an order of the Chairperson made under  sub-section (1) may prefer an 
appeal  against  the  order  to  the  Appellate  Tribunal  within  the  period  specified  in  the  order  for  the 
demolition of the erection or work to which it relates. 

(3) Where an appeal is preferred under  sub-section (2) against an order of demolition the Appellate 
Tribunal  may,  subject  to  the  provisions  of  sub-section  (3)  of  section  255  stay  the  enforcement  of  that 
order on such terms, if any, and for such period, as it may think fit: 

Provided that where the erection of any building or execution of any work has not been completed at 
the  time  of  the  making  of  the  order  of  demolition,  no  order  staying  the  enforcement  of  the  order  of 
demolition shall be made by the Appellate Tribunal unless security, sufficient in the opinion of the said 
Tribunal  has  been  given  by  the  appellant  for  not  proceeding,  with  such  erection  or  work  pending  the 
disposal of the appeal. 

(4) No  court  shall  entertain  any  suit,  application  or  order  proceeding  for  injunction  or  other  relief 
against the Chairperson to restrain him from taking any action or making any order in pursuance of the 
provisions of this section. 

(5) Subject to an order made by the Administrator on appeal under section 256, every order made by 
the Appellate Tribunal on appeal under this section, and subject to the orders of the Administrator and the 
Appellate  Tribunal  on  appeal,  the  order  of  demolition  made  by  the  Chairperson  shall  be  final  and 
conclusive. 

(6) Where  no  appeal  has  been  preferred  against  an  order  of  demolition  made  by  the  Chairperson 
under sub-section (1) or where an order of demolition made by the Chairperson under that sub-section has 
been  confirmed  on  appeal,  whether  with  or  without  variation,  by  the  Appellate  Tribunal  and  by  the 
Administrator in a case where an appeal has been preferred against the order of the Appellate Tribunal, 
the person against whom the order has been made shall comply with the order within the period specified 
therein,  or  as  the  case  may  be,  within  the  period,  if  any  fixed  by  the  Appellate  Tribunal  or  the 
Administrator on appeal and on the failure of the person to comply with the order within such period, the 
Chairperson may himself cause the erection or the work to which the order relates to be demolished and 
the expenses of such demolition shall be recoverable from such person as an arrear of tax under this Act. 

248. Order  of  stoppage  of  buildings  or  works  in  certain  cases.—(1) Where  the  erection  of  any 
building  or  execution  of  any  work  has  been  commenced  or  is  being  carried  on  (but  has  not  been 
completed)  without  or  contrary  to  the  sanction  referred  to  in  section  241,  or  in  contravention  of  any 
condition subject to which such sanction has been accorded or in contravention of any provisions of this 
Act or bye-laws made thereunder, the Chairperson may in addition to any other action that may be taken 
under  this  Act,  by  order  require  the  person  at  whose  instance  the  building  or  the  work  has  been 
commenced or is being carried on to stop the same forthwith. 

(2) If  an  order  made  by  the  Chairperson  under  section  247  or  under  sub-section  (1)  of  this  section 
directing any person to stop the erection of any building or execution of any work is not complied with, 
the Chairperson may require any police officer to remove such person and all his assistants and workmen 
from the premises or to seize any construction material, tool, machinery, scaffolding or other things used 
in  the  erection  of  any  building  or  execution  of  any  work  within  such  time  as  may  be  specified  in  the 
requisition and such police officer shall comply with the requisition accordingly. 

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(3) Any of the things caused to be seized by the Chairperson under sub-section (2) shall be disposed 

of by him in the manner specified in section 230. 

(4) After  the  requisition  under  sub-section  (2)  has  been  complied  with,  the  Chairperson  may,  if  he 
thinks fit, depute by a written order a police officer or a municipal officer or other municipal employee of 
the Council to watch the premises in order to ensure that the erection of the building or the execution of 
the work is not continued. 

(5) Where a police officer or a municipal officer or other municipal employee has been deputed under 
sub-section (4) to watch the premises, the cost of such deputation shall be paid by the person at whose 
instance such erection or execution is being continued or to whom notice under sub-section (1) was given 
and shall be recoverable from such person as an arrear of tax under this Act. 

249. Power of Chairperson to require alteration of work.—(1) The Chairperson may at any time 
during the erection of any building or execution of any work or at any time after the completion thereof 
by a written notice of not less than seven days specify any  matter in respect of which such erection or 
execution is without or contrary to the sanction referred to in section 241 or is in contravention of any 
condition  of  such  sanction  or  any  of  the  provisions  of  this  Act  or  any  bye-laws  made  thereunder  and 
require the person who gave the notice under section 238 or section 239 or the owner of such building or 
work either— 

(a) to make such alterations as may be specified in the said notice with the object of bringing the 

building or work in conformity with the said sanction, condition or provisions, or 

(b) to show cause why such alterations should not be made, within a period stated in the notice. 

(2) If  the  person  or  the  owner  does  not  show  cause  as  aforesaid,  he  shall  be  bound  to  make  the 

alterations specified in the notice. 

(3) If  the  person  or  the  owner  shows  cause  as  aforesaid,  the  Chairperson  shall  by  an  order  either 
cancel  the  notice  issued  under  sub-section  (1)  or  confirm  the  same  subject  to such  modifications  as  he 
thinks fit. 

250. Power to seal unauthorised constructions.—(1) It shall be lawful for the Chairperson, at any 
time, before or after making an order of demolition under section 247 or of the stoppage of the erection of 
any building or execution of any work under section 247 or under section 248, to make an order directing 
the sealing of such erection or work or of the premises in which such erection or work is being carried on 
or has been completed in the manner prescribed by rules, for the purpose of carrying out the provisions of 
this Act, or for preventing any dispute as to the nature and extent of such erection or work. 

(2) Where any erection or work or any premises in which any erection or work is being carried on, 
has or have been sealed, the Chairperson may, for the purpose of demolishing such erection or work in 
accordance with the provisions of this Act, order such seal to be removed. 

(3) No person shall remove such seal except— 

(a) under an order made by the Chairperson under sub-section (2); or 

(b) under an order of an Appellate Tribunal or the Administrator, made in an appeal under this 

Act. 

251. Completion  certificates.—(1) Every  person  who  employs  an  architect  registered  with  the 
Council  or  an  architects  or  an  engineer  or  a  person  approved  by  the  Chairperson  to  design  or  erect  a 
building or execute any work shall, within one month after the completion of the erection of the building 
or execution of the work, deliver or send or cause to be delivered or sent to the Chairperson a notice in 
writing of such completion accompanied by a certificate in the form prescribed by bye-laws made in this 
behalf  and  shall  give  to  the  Chairperson  all  necessary  facilities  for  the  inspection  of  such  building  or 
work. 

(2) No person shall occupy or permit to be occupied any such building or use or permit to be used any 
building or a part thereof effected by any such work until permission has been granted by the Chairperson 
in this behalf in accordance with bye-laws made under this Act: 

Provided that if the Chairperson fails within a period of thirty days after the receipt of the notice of 
completion to communicate its refusal to grant such permission, such permission shall be deemed to have 
been granted. 

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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— 

(a) use or permit to be used for human habitation any part of a building not originally erected or 
authorised  to  be  used  for  that  purpose  or  not  used  for  that  purpose  before  any  alteration  has  been 
made therein by any work executed in accordance with the provisions of this Act and the  bye-laws 
made thereunder; 

(b) change or allow the change of the use of any land or building; 

(c) convert or allow the conversion of one kind of tenement into another kind. 

253. Appellate Tribunal.—(1) The Central Government shall, by notification in the Official Gazette, 
constitute one or more Appellate Tribunals with headquarters at Delhi or New Delhi, for deciding appeals 
preferred under section 247 or section 254. 

(2) An Appellate Tribunal shall consist of one person to be appointed by the Central Government on 

such terms and conditions of service as may be prescribed by rules. 

(3) A person shall not be qualified for appointment as the presiding officer of an Appellate tribunal 
unless he is, or has been, a district judge or an additional district judge or has, for at least ten years, held a 
judicial office in India. 

(4) The  Central  Government  may,  if  it  so  thinks  fit,  appoint  one  or  more  persons  having  special 
knowledge  of,  or  experience  in,  matters  involved  in  such  appeals,  to  act  as  assessors  to  advise  the 
Appellate  Tribunal  in  the  proceedings  before  it,  but  no  advice  of  the  assessors  shall  be  binding  on  the 
Appellate Tribunal. 

(5) The Central Government shall, by notification in the Official Gazette, define the territorial limits 
within which an Appellate Tribunal shall exercise its jurisdiction, and where different Appellate Tribunals 
have  jurisdiction  over  the  same  territorial  limits,  the  Central  Government  shall  also  provide  for  the 
distribution and allocation of work to be performed by such Tribunals. 

(6) For the purpose of enabling it to discharge its functions under this Act, every Appellate Tribunal 
shall have a Registrar and such other staff on such terms and conditions of service as may be prescribed 
by rules: 

Provided that the Registrar and staff may be employed jointly for all or any number of such Tribunals 

in accordance with the rules. 

254. Appeals against certain orders or notices issued under the Act.—(1) Any person aggrieved 
by any of the following orders made or notices issued under this Act, may prefer an appeal against such 
order or notice to the Appellate Tribunal, namely:— 

(a) an order according or disallowing sanction to a lay-out plan under section 217; 

(b) an order directing the alteration or demolition of any street under section 218; 

(c) a notice under sub-section (1) of section 219; 

(d) a notice under sub-section (2) of section 221; 

(e) an order directing the disposal of things removed under Chapter XIII or seized under section 
248, or an order rejecting the claim of any person for the balance of the proceeds of sale of things so 
disposed of; 

(f) an  order  sanctioning  or refusing  to  sanction the  erection  of  any  building  or the  execution  of 

any work under section 241; 

(g) an order withholding sanction under the proviso to sub-section (1) of section 242; 

(h) an order cancelling a sanction under section 243; 

(i) an order requiring the rounding off, splaying or cutting off the height of a building intended to 

be erected, or for the acquisition of any portion of a site, under section 244; 

80 

 
(j) an  order  disallowing  the  erection  of  any  building  or  the  execution  of  any  work  under        

section 245; 

(k) an order requiring the stoppage of any erection or work under section 248; 

(l) an order requiring the alteration of any building or work under section 249; 

(m) an order directing the sealing of unauthorised constructions under section 250; 

(n) an order refusing to grant permission under sub-section (2) of section 251; 

(o) an order granting or refusing permission under section 252; 

(p) any  such  other  order  or  notice  relating  to  or  arising  out  of  planned  development  under  the 

provisions of this Act as may be prescribed by rules. 

(2) An appeal under this section shall be filed within thirty days from the date of the order or notice 

appealed against: 

Provided  that  the  Appellate  Tribunal  may  entertain  an  appeal  after the  expiry  of  the  said  period  of 

thirty days if it is satisfied that there was sufficient cause for not filing it within that period. 

(3) An appeal to the Appellate Tribunal shall be made in such form and shall be accompanied by a 

copy of the order or notice appealed against and by such fees as may be prescribed by rules. 

255. Procedure  of  the  Appellate  Tribunal.—(1)  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. 

(2) The Appellate Tribunal shall send a copy of every order passed by it to the parties to the appeal. 

(3) No  Appellate  Tribunal  shall,  in  any  appeal  pending  before  it  in  respect  of  any  order  or  notice 
under  this  Act,  make  an  interim  order  (whether  by  way  of  injunction  or  stay)  against  the  Council  or 
against any officer or servant of the Council acting or purporting to act in his official capacity, unless an 
opportunity is given to the Council or its officer or servant to be heard in the matter: 

Provided that the Appellate Tribunal may without giving an opportunity as aforesaid make an interim 
order  as  an  exceptional  measure  if  it  is  satisfied  for  reasons  to  be  recorded  by  it  in  writing  that  it  is 
necessary so to do for preventing any loss being caused  to the person filing the appeal which cannot be 
adequately compensated in money: 

Provided further that every such interim order shall, if it is not vacated earlier, cease to have effect on 
the expiry of a period of fourteen days from the date on which it is made unless before the expiry of that 
period, the Appellate Tribunal confirms or modifies that order after giving to the Council or its officer or 
servant an opportunity of being heard. 

(4) Subject  to  rules  that  may  be  made  by  the  Central  Government  in  this  behalf,  the  awarding  of 
damages  in  and  the  costs of,  and  incidental  to,  any appeal  before an  Appellate  Tribunal,  shall  be in its 
discretion  and  it  shall  have  full  power to determine  by  and  to  whom  and  to  what  extent and subject to 
what  conditions,  if  any,  such  damages  or  costs  are  to  be  paid  and  to  give,  in  its  order  disposing  of  an 
appeal, necessary directions for the purposes aforesaid. 

(5) An  order  of  the  Appellate  Tribunal  made  under  this  section  may  be  executed  or  caused  to  be 

executed by it on the application of the person in whose favour the order has been made. 

(6) In  hearing  and  deciding  an  appeal  or  in  the  execution  of  an  order,  an  Appellate  Tribunal  shall 

follow such procedure as may be prescribed by rules. 

(7) Every Appellate Tribunal, shall in addition to the powers conferred on it under this Act, have the 
same power as are vested in a Civil Court while trying a suit under the Code of Civil Procedure, 1908     
(5 of 1908) in respect of the following matters, namely:— 

(a) summoning and enforcing the attendance of persons and examining them on oath; 

(b) requiring the discovery and inspection of documents; 

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(c) receiving evidence on affidavits; 

(d) requisitioning any public record or copies thereof from any court or office; 

(e) issuing commissions for the examination of witnesses or documents; and 

(f) any other matter which may be prescribed by rules. 

and every proceeding of an Appellate Tribunal in hearing or deciding an appeal or in connection with the 
execution of its order, shall be deemed to be a judicial proceeding within the meaning of sections 193 and 
228  and  for  the  purpose  of  section  196  of  the  Indian  Penal  Code  (45  of  1860),  and  every  Appellate 
Tribunal shall be deemed to be a Civil Court for the purposes of section 195 and Chapter XXVI of the 
Code of Criminal Procedure, 1973 (2 of 1974). 

256. Appeal  against  orders  of  Appellate  Tribunal.—(1) An  appeal  shall  lie  to  the  Administrator, 
against  an  order  of  the  Appellate  Tribunal  made  in  an  appeal  under  section  247  or  section  254, 
confirming, modifying or annulling an order made or notice issued under this Act. 

(2) The  provisions  of  sub-sections  (2)  and  (3)  of  section  254  and  section  255  and  the  rules  made 
thereunder, shall, so far as may be, apply to the filing and disposal of an appeal under this section as they 
apply to the filing and disposal of an appeal under those sections. 

(3) An order of the Administrator on an appeal under this section, and subject only to such order, an 
order of the Appellate Tribunal under section 254, and subject to such orders of the Administrator or an 
Appellate Tribunal, an order or notice referred to in sub-section (1) of that section, shall be final. 

257. Bar of jurisdiction of courts.—(1) After the commencement of this Act, no court shall entertain 
any suit, application or other proceedings in respect of any order or notice appealable under section 247 or 
section 254 and no such order or notice shall be called in question otherwise than by preferring an appeal 
under those sections. 

(2) Notwithstanding anything contained in sub-section (1), every suit, application or other proceeding 
pending in any court immediately before the commencement of this Act, in respect of any order or notice 
appealable under section 247 or section 254, shall continue to be dealt with and disposed of by that court 
as if the said section had not been brought into force. 

258. Removal  of  dangerous  buildings.—(1) If  it  appears  to  the  Chairperson  at  any  time  that  any 
building  is  in  a  ruinous  condition,  or  likely  to  fall,  or  in  any  way  dangerous  to  any  person  occupying, 
resorting  to  or  passing  by  such  building  or  any  other  building  or  place  in  the  neighbourhood  of  such 
building,  the  Chairperson  may,  by  order  in  writing,  require  the  owner  or  occupier  of  such  building  to 
demolish, secure or repair such building or do one or more of such things within such period as may be 
specified in the order, so as to prevent all cause of danger therefrom. 

(2) The Chairperson may also, if he thinks fit, require such owner or occupier by the said order either 
forthwith or before proceeding to demolish, secure or repair the building, to set up a proper and sufficient 
hoard  or  fence  for  the  protection  of  passers-by  and  other  persons,  with  a  convenient  platform  and      
hand-rail wherever practicable to serve as a foot-way for passengers outside of such hoard or fence. 

(3) If  it  appears  to  the  Chairperson  that  danger  from  a  building  which  is  in  a  ruinous  condition  or 
likely to fall is imminent, he may, before making the order aforesaid, fence off, demolish, secure or repair 
the said building or take such steps as may be necessary to prevent the danger. 

(4) If the owner or occupier of the building does not comply with the order within the period specified 
therein, the Chairperson shall take such steps in relation to the building as to prevent all cause of danger 
therefrom. 

(5) All  expenses incurred by  the  Chairperson in relation  to  any  building  under this  section  shall  be 

recoverable from the owner or occupier thereof as an arrear of tax under this Act. 

259. Power to order building to be vacated in certain circumstances.—(1) The Chairperson may 
by  order  in  writing  direct  that  any  building  which  in  his  opinion  is  in  a  dangerous  condition  or  is  not 
provided with sufficient means of egress in case of fire or is occupied in contravention of section 251 be 
vacated forthwith or within such period as may be specified in the order: 

Provided that at the time of making such order the Chairperson shall record a brief statement of the 

reasons therefor. 

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(2) If any person fails to vacate the building in pursuance of such order the Chairperson may direct 
any police officer to remove such person from the building and the police officer shall comply with such 
direction accordingly. 

(3) The Chairperson shall, on the application of any person who has vacated, or been removed from 
any building in pursuance of an order made by him, re-instate such person in the building on the expiry of 
the  period for  which the order  has  been in force  according  as  the circumstances  prevailing  at that time 
permit. 

260. Power of the Central Government to make bye-laws.—(1) The Central Government may, by 

notification in the Official Gazette, make bye-laws for carrying out the provisions of this Chapter: 

Provided  that  all  bye-laws  made  by  the  New  Delhi  Municipal  Committee  under  sub-section  (3)  of 
section 189 of the Punjab Municipal Act, 1911 (Punjab Act 3 of 1911) and in force immediately before 
such  commencement,  shall  be  deemed  to  have  been made  under  the  provision of  this section  and shall 
continue  to  have  the  same  force  and  effect  after  such  commencement  until  it  is  amended,  varied, 
rescinded or superseded under the provision of this section. 

(2) In particular and without prejudice to the generality of the foregoing power, such  bye-laws may 

provide for all or any of the following matters, namely:— 

(a) the regulation or restriction of the use of sites for buildings for different areas; 

(b) the regulation or restriction of buildings in different areas; 

(c) the form of notice of erection of any building or execution of any work and the fee in respect 

of the same; 

(d) the plans and documents to be submitted together with such notice and the information and 

further information to be furnished; 

(e) the level and width of foundation, level of lowest floor and stability of structure; 

(f) the construction of buildings and the materials to be used in the construction of buildings; 

(g) the height of buildings whether absolute or relative to the width of streets or to different areas; 

(h) the  number  and  height  of  storeys  composing  a  building  and  the  height  of  rooms  and  the 

dimensions of rooms intended for human habitation; 

(i) the provision of open spaces external and internal, and adequate means of light and ventilation; 

(j) the provision of means of egress in case of fire, fire-escapes and water lifting devices; 

(k) the provision of secondary means of access for the removal of house refuse; 

(l) the materials and methods of construction of external and party walls, roofs and floors; 

(m) the  position,  materials  and  methods  of  construction  of  hearths,  smoke-escapes,  chimneys, 

stair-cases, latrines, drains and cesspools; 

(n) the provision of lifts; 

(o) the paving of yards; 

(p) the restrictions on the use of inflammable materials in buildings; 

(q) the restriction on construction of foundation on certain sites; 

(r) the measures to be taken to protect building from dump arising from sub-soil; 

(s) the  wells,  tanks  and  cisterns  and  pumps  for  the  supply  of  water  for  human  consumption  in 

connection with buildings; 

(t) in the case of wells, the dimensions of the well, the manner of enclosing it and; if the well is 

intended for drinking purposes, the means which shall be used to prevent pollution of the water; 

(u) the supervision of buildings; 

(v) the setting back of garages and shops from the regular line of a street; 

83 

 
(w) the construction of partable structures and permission for such construction. 

(3) The draft of the bye-laws referred to in sub-section (1) shall be forwarded to the Chairperson, who 
shall cause the same to be published in the Official Gazette for inviting objections and suggestions from 
the public within thirty days from the date of such publication. 

(4) The  Chairperson  shall  forward  the  draft  bye-laws  to  the  Central  Government  along  with  his 
recommendations  and  the  objections  and  suggestions  received  from  the  public,  within  three  months  of 
their publication in the Official Gazette. 

(5) The Central Government may issue such directions to the Chairperson as it thinks fit, for ensuring 

proper implementation of the bye-laws made under this section. 

CHAPTER XV 

SANITATION AND PUBLIC HEALTH 

Conservancy and sanitation 

261. Provision  for  daily  cleansing  of  streets  and  removal  of  rubbish  and  filth.—(1) For  the 
purpose  of  securing  the  efficient  scavenging  and  cleansing  of  all  streets  and  premises,  the  Chairperson 
shall provide— 

(a) for the daily surface-cleansing of all streets and the removal of the sweepings therefrom, and 

(b) for the removal of the contents of all receptacles and depots and of the accumulations at all 
places  provided  or  appointed  by  him  under  the  provisions  of  this  Act  for  the  temporary  deposit  of 
rubbish, filth and other polluted and obnoxious matter. 

(2) The  Chairperson  may,  by  public  notice,  issue  directions  as  to  the  time  at  which,  the  manner  in 
which,  and  the  conditions  subject  to  which,  any  matter  referred  to  in  sub-section  (1)  may  be  removed 
along a street or may be deposited or otherwise disposed of. 

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.—(1) The 

Chairperson shall— 

(a) provide or appoint in proper and convenient situations public receptacles, depots or places for 
the  temporary  deposit  of  rubbish,  filth  and  other  polluted  and  obnoxious  matter  and  for  the  final 
disposal of rubbish, filth and other polluted and obnoxious matter; 

(b) provide dustbins for the temporary deposit of rubbish; 

(c) provide vehicles or other suitable means for the removal of rubbish and offensive matter; and 

(d) provide covered vehicles or vessels for the removal of filth and other polluted and obnoxious 

matter. 

(2) Different receptacles, depots or places may be provided or appointed for the temporary deposit or 

final disposal of any of the matters specified in sub-section (1). 

(3) The  Chairperson  shall  make  adequate  provision  for  preventing  receptacles,  depots,  places, 

dustbins, vehicles and vessels referred to in sub-section (1) from becoming sources of nuisance. 

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— 

(a) to have the premises swept and cleaned; 

(b) to cause all filth, rubbish and other polluted and obnoxious matter to be collected from their 
respective premises and to be deposited at such times as the Chairperson, by public notice prescribes, 
in  public  receptacles,  depots  or  places  provided  or  appointed  under  section  263  for  the  temporary 
deposit or final disposal thereof; 

84 

 
(c) to  provide  receptacles  of  the  type  and  in  the  manner  prescribed  by  the  Chairperson  for  the 
collection  therein  of  all  filth,  rubbish  and  other  polluted  and  obnoxious  matter  from  such  premises 
and to keep such receptacles in good condition and repair. 

265. Collection  and  removal  of  filth  and  polluted  matter.—(1) It  shall  be  the  duty  of  the  owner 
and  occupier  of  every  premises  situate  in  any  portion  of  New  Delhi  in  which  there  is  not  a  latrine,  or 
urinal connected by a drain with a municipal drain, to cause all filth and polluted and obnoxious matter 
accumulating upon such premises to be collected and removed to the nearest receptacle or depot provided 
for this purpose under section 263 at such times, in such vehicle or vessel by such route and with such 
precautions as the Chairperson may by public notice prescribe. 

(2) It shall be lawful for the Chairperson to take or cause to be taken measures for the daily collection, 
removal and disposal of all filth and polluted and obnoxious matters from latrines, urinals and cesspools 
not connected by a drain with a municipal drain from all premises situate in any portion of New Delhi. 

(3) In  such  portion  of  New  Delhi  and  in  any  premises  where  situate  in  which  there  is  a  latrine  or 
urinal connected with a municipal drain, it shall not be lawful, except with the written permission of the 
Chairperson, for any person who is not employed by or on behalf of the Chairperson to discharge any of 
the duties of scavengers. 

266. Removal of rubbish, etc., accumulated on premises used as factories, workshop, etc.—The 

Chairperson may, if he thinks fit,— 

(a) by  written  notice  require  the  owner  or  occupier  of  any  premises  used  for  carrying  on  any 
manufacture, trade or business or used as a factory, workshop, trade premises or market or in any way 
so that rubbish, filth and other polluted and obnoxious matter are accumulated in large quantities, to 
collect all such rubbish, filth and other polluted and obnoxious matter accumulating thereon and to 
remove the same at such times and in such carts or receptacles and by such routes as may be specified 
in the notice to a depot or place provided or appointed under section 263, or 

(b) after giving such owner or occupier notice of his intention, cause all rubbish, filth and other 
polluted  and  obnoxious  matter  accumulated  in  such  premises  to  be  removed,  and  charge  the  said 
owner or occupier for such removal such fee as may, with the sanction of the Council be specified in 
the notice issued under clause (a). 

267. Prohibition against accumulation of rubbish, etc.—(1) No owner or occupier of any premises 
shall keep or allow to be kept for more than twenty-four hours or otherwise than in a receptacle approved 
by the Chairperson, any rubbish, filth and other polluted and obnoxious matter on such premises or any 
place  belonging  thereto  or  neglect  to  employ  proper  means  to  remove  such  rubbish,  filth  and  other 
polluted and obnoxious matter from, or to cleanse, such receptacle and to dispose of such rubbish, filth 
and other polluted and obnoxious matter in the manner directed by the Chairperson, or fail to comply with 
any requisition of the Chairperson as to the construction, repair, pavement or cleansing of any latrine, or 
urinal on or belonging to the premises. 

(2) No owner or occupier shall allow the water of any sink, drain, latrine or urinal or any rubbish, filth 
and other polluted and obnoxious matter to run down on or to, or be thrown or put upon, any street or into 
any drain in or along the side of any street except in such manner as shall prevent any avoidable nuisance 
from any such water, rubbish, filth or other polluted and obnoxious matter. 

(3) No person shall, after due provision has been made in this respect under the foregoing provisions 

of this Chapter for the deposit and removal of the same— 

(a) deposit  any  rubbish,  filth  and  other  polluted  and  obnoxious  matter  in  any  street  or  on  the 
verandah of any building or on any unoccupied ground alongside any street or on the bank of a water 
course; or 

(b) deposit any filth or other polluted and obnoxious matter in any dustbin or in any vehicle not 

intended for the removal of the same; or 

(c) deposit rubbish in any vehicle or vessel intended for the removal of filth and other polluted 

and obnoxious matter. 

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268. Prohibition in respect of air pollutant.—No owner or occupier of any premises 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.—(1) The  Chairperson  shall  provide  and  maintain  in  proper  and 

convenient places a sufficient number of public latrines and urinals. 

(2) Such public latrines and urinals shall be so constructed as to provide separate compartments for 
each sex and not to be a nuisance, and shall be provided with all necessary conservancy establishments, 
and shall regularly be cleansed and kept in proper order. 

Latrines and urinals 

271. Construction  of  latrines  and  urinals.—(1) It  shall  not  be  lawful  to  construct  any  latrine  or 
urinal  for  any  premises  except  with  the  written  permission  of  the  Chairperson  and  in  accordance  with 
such terms not inconsistent with the provisions of this Act or any  bye-laws made thereunder as he may 
prescribe. 

(2) In prescribing any such terms the Chairperson may determine in such case— 

(a) whether the premises shall be served by the service system or by the flush system or partly by 

the one and partly by the other; and 

(b) what shall be the site or position of each latrine or urinal. 

(3) If any latrine or urinal is constructed on any premises in contravention of the foregoing provisions, 
the Chairperson may, after giving not less than ten days‟ notice to the owner or occupier of such premises, 
alter, reconstruct, close or demolish such latrine or urinal and the expenditure incurred by the Chairperson 
in so doing shall be recoverable from the owner or occupier as an arrear of tax under this Act. 

272. Latrines and urinals, etc., in new buildings.—(1) It shall not be lawful to erect any building or 
execute any work on or in relation to such building without providing such latrine accommodation and 
urinal accommodation and accommodation for bathing or for washing clothes and utensils on each floor 
of such building as the Chairperson may prescribe. 

(2) In prescribing any such accommodation, the Chairperson may determine in each case— 

(a) that such building shall be served by the flush system only; 

(b) what shall be the site or position of each latrine, urinal, bathing or washing place or site and 

their number on each floor and their clear internal dimensions. 

(3) It  shall  not  be  lawful  to  erect  a  residential  building  composed  of  separate  tenements  on  the  flat 
system without providing at least one latrine and one bathing or washing place for servants on the ground 
floor of such building or at any other suitable place in the same premises. 

(4) In this section, the expression “to erect a building” has the same meaning as in section 236. 

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 Chairperson 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. 

86 

 
275. Other provisions as to private latrines.—The Chairperson may, by written notice— 

(a) require the owner or other person having the control of any private latrine or urinal not to put 

the same to public use; or 

(b) require the owner or other person having the control of such private latrine or urinal which in 

the opinion of the Chairperson constitutes a nuisance, to remove the latrine or the urinal; or 

(c) require  any  person  having  the  control  whether  as  owner,  lessee  or  occupier  of  any  land  or 

building— 

(i) to have any latrine provided for the same shut out by a sufficient roof, wall or fence from 

the view of persons passing by or dwelling in the neighbourhood; or 

(ii) to  clean  in  such  manner  as  the  Chairperson  may  prescribe  in  the  notice  any  latrine  or 

urinal belonging to the land or building; or 

(d) where  any  premises intended  or  used  for human  habitation  are  without  any latrine  or  urinal 
accommodation or are provided with insufficient latrine or urinal accommodation, require the owner, 
lessee  or  occupier  of  such  premises  to  provide  such  or  such  additional  latrine  or  urinal 
accommodation as he may prescribe, if necessary by causing any part of such premises to be vacated 
and demolished in accordance with bye-laws made in this behalf. 

Removal of congested buildings and buildings unfit for human habitation 

276. Removal  of congested  buildings.—(1) Where  it  appears  to  the  Chairperson  that  any  block  of 
buildings  is  in  an  unhealthy  condition  by  reasons  of  the  manner  in  which  the  buildings  are  crowded 
together,  or  of  the  narrowness,  closeness,  or  faulty  arrangement  of  streets,  or  of  the  want  of  proper 
drainage and ventilation, or of the impracticability of cleansing the buildings or other similar cause, he 
shall cause the block to be inspected to by the officer authorised by him and such officer shall make a 
report in writing the Chairperson regarding the sanitary condition of the block. 

(2) If upon receipt of such report the Chairperson considers that the sanitary condition of the block is 
likely to cause risk of disease to the inhabitants of the buildings or of the neighbourhood or otherwise to 
endanger  the  public  health,  he  shall  with  the  approval  of  the  Council  select  the  buildings  which  in  his 
opinion should wholly or in part be removed in order to abate the unhealthy condition of the block and 
may thereupon by notice in writing require the owners of such building remove them within such period 
as may be specified in the notice: 

Provided that before issuing the notice reasonable opportunity shall be afforded to the owners to show 

cause why the buildings should not be removed: 

Provided  further  that  the  Chairperson  shall  make  compensation  to  the  owners  for  any  buildings  so 

removed which may have been erected under proper authority. 

(3) If a notice under sub-section (2) requiring any owner of a building to remove it is not complied 
with, then, after the expiration of the time specified in the notice the Chairperson may himself remove or 
cause  to  be  removed  the  building  required  to  be  removed  by  the notice  and  recover  from  owner  of the 
building the expenses of such removal as an arrear of tax under this Act. 

277. Power of Chairperson to require improvement of building unfit for human habitation.—
(1) Where  the  Chairperson  upon  information  in  his  possession  is  satisfied  that  any  building  is  in  any 
respect  unfit  for  human  habitation,  he  may,  unless  in  his  opinion  the  building  is  not  capable  at  a 
reasonable  expense  of  being  rendered  fit,  serve  upon  the  owner  of  the  building  a  notice  requiring  him 
within such time not being less than thirty days as may be specified in the notice to execute the works of 
improvement specified therein and stating that in his opinion those works will render the building fit for 
human habitation. 

(2) In addition to serving a notice under this section on the owner the Chairperson may serve a copy 
of  the  notice  on  any  other  person  having  an  interest  in  the  building  whether  as  a  lessee,  mortgagee  or 
otherwise. 

(3) In  determining  whether  a  building  can  be  rendered  fit  for  human  habitation  at  a  reasonable 
expense regard shall be had to the estimated cost of the work necessary to render it so fit and the value 
which it is estimated that the building will have when the works are completed. 

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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.—
(1) Where the Chairperson upon any information in his possession is satisfied that any building is unfit 
for human habitation and is not capable at a reasonable expense of being rendered so fit he shall serve 
upon the owner of the building and upon any other person having an interest in the building, whether as a 
lessee, mortgagee or otherwise a notice to show cause within such time as may be specified in the notice 
as to why an order of demolition of the building should not be made. 

(2) If  any  of  the  person  upon  whom  a  notice  has  been  served  under  sub-section  (1)  appears  in 
pursuance thereof before the Chairperson and gives an undertaking to him that such person shall, within a 
period  specified  by  the  Chairperson,  execute  such  works  of  improvement  in  relation  to  the  building  as 
will, in the opinion of the Chairperson, render the building fit for human habitation or an undertaking that 
the  building  shall  not  be  used  for  human  habitation  until  the  Chairperson  on  being  satisfied  that  it  has 
been rendered fit for that purpose, cancels the undertaking, the Chairperson shall not make an order of 
demolition of the building. 

(3) If no such undertaking as is mentioned in sub-section (2) is given or if in a case where any such 
undertaking has been given, any work of improvement to which the undertaking relates is not carried out 
within  the  specified  period,  or  the  building  is  at  any  time  used  in  contravention  of  the  terms  of  the 
undertaking, the Chairperson shall, forthwith make an order of demolition of the building requiring that 
the building shall be vacated within a period to be specified in the order not being less than thirty days 
from the date of the order, and that it shall be demolished within six weeks after the expiration of that 
period. 

(4) Where  an  order  of  demolition  of  building  under  this  section  has  been  made,  the  owner  of  the 
building  or  any  other  person  having  an  interest  therein,  shall  demolish  that  building  within  the  time 
specified  in  that  behalf  by  the  order,  and  if  the  building  is  not  demolished  within  that  time,  the 
Chairperson shall demolish or cause to be demolished the building and sell the materials thereof. 

(5) Any  expenses  incurred  by  the  Chairperson  under  sub-section  (4)  if  not  satisfied  out  of  the 
proceeds of the sale of materials of the building shall be recovered from the owner of the building or any 
other person having an interest therein as an arrear of tax under this Act. 

(6) In  determining  for  the  purposes  of  section  277  and  this  section  whether  a  building  is  unfit  for 
human habitation, regard shall be had to its condition in respect of the following matters, that is to say,— 

(a) repair; 

(b) stability; 

(c) freedom from damp; 

(d) natural light and air; 

(e) water supply; 

(f) drainage and sanitary conveniences; 

(g) facilities for storage, preparation and cooking of food and for the disposal of rubbish, filth and 

other polluted matter, 

and the building shall be deemed to be unfit as aforesaid if it is so far defective, in one or more of the said 
matters that it is not reasonably suitable for occupation in that condition. 

(7) For the purpose of section 277, section 278 and this section, “work of improvement” in relation to 

a building includes any one or more of the following works, namely:— 

(a) necessary repairs; 

(b) structural alterations; 

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(c) provision of light points and water taps; 

(d) construction of drains, open or covered; 

(e) provision of latrines and urinals; 

(f) provision of additional or improved fixtures and fittings; 

(g) opening up or paving of courtyard; 

(h) removal of rubbish, filth and other polluted and obnoxious matter; 

(i) any  other  work  including  the  demolition  of  any  building  or  any  part  thereof  which,  in  the 

opinion of the Chairperson, is necessary for executing any of the works specified above. 

(8) The provisions of section 276, section 277, section 278 and this section shall not apply in relation 
to  any  building  in  any  area  which  has  been  declared  to  be  a  slum  area  under  the  Slum  Areas 
(Improvement and Clearance) Act, 1956 (96 of 1956). 

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 washermen 

281. Prohibition  against  washing  by  washerman.—(1) The  Chairperson  may  by  public  notice 
prohibit the washing of clothes by washermen in the exercise of their callings except at such places as he 
may appoint for the purpose. 

(2) When  any  such  prohibition  has  been  made,  no  person  who  is  by  calling  a  washerman  shall  in 
contravention of such prohibition wash clothes except for himself or for personal and family service or for 
hire on or within the premises of the hirer, at any place other than a place appointed under sub-section (1). 

Prevention of Dangerous Diseases 

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.—(1) When  any  person 

suffering from any dangerous disease is found to be— 

(a) without proper lodging or accommodation; or 

(b) living in a room or house which he neither owns or pays rent for nor occupies as the guest or 

relative of any person who owns, or pays rent for it; or 

(c) living in a sarai, dharamshala, hotel, boarding house, hostel, guest house, lodging house, club; 

or 

(d) lodged in premises occupied by members of two or more families, 

the Chairperson or any person authorised by him in this behalf, may on the advice of any medical officer 
of the rank not inferior to that of a general duty medical officer remove the patient to any hospital or place 
at which persons suffering from such diseases are received for medical treatment and may do anything 
necessary for such removal. 

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(2) The  Council  shall  if  required  by  the  Central  Government  erect an  infectious  disease  hospital  of 

such type and dimension as that Government may direct. 

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.—(1) Where the destruction of any hut or shed is in the 
opinion  of  the  Chairperson  necessary  to  prevent  the  spread  of  any  dangerous  disease,  the  Chairperson 
may  by  notice  in  writing  require  the  owner  to  destroy  the  hut  or  shed  and  the materials  thereof  within 
such time as may be specified in the notice. 

(2) Where the Chairperson is satisfied that the destruction of any hut or shed is immediately necessary 
for the purpose of preventing the spread of any dangerous disease, he may order the owner or occupier of 
the hut or shed to destroy the same forthwith or may himself cause it to be destroyed after giving not less 
than six hours‟ notice to the owner or occupier. 

(3) Compensation may be paid by the Chairperson, in any case which he thinks fit, to any person who 
sustains  substantial  loss  by  the  destruction  of  any  such  hut  or  shed,  but,  except  as  so  allowed  by  the 
Chairperson, no claim for compensation shall lie for any loss or damage caused by any exercise of the 
power conferred by this section. 

286. Means of disinfection.—(1) The Chairperson shall— 

(a) provide  proper  places  with  necessary  attendants  and  apparatus  for  the  disinfection  of 

conveyances, clothing, bedding and other articles which have been exposed to infection; 

(b) cause conveyances, clothing and other articles brought for disinfection to be disinfected either 

free of charge or on payment of such charges as he may fix. 

(2) The Chairperson may notify places at which articles of clothing, bedding and the conveyances or 
other  articles  which  have been exposed to infection shall  be  washed and if  he does so,  no  person  shall 
wash any such thing at any place not so notified without having previously disinfected such thing. 

(3) The  Chairperson  may  direct  the  destruction  of  any  clothing,  bedding  or  other  article  likely  to 

retain infection and may give such compensation as he thinks fit for any article so destroyed. 

287. Special measures in case of out-break of dangerous or epidemic diseases.—(1) In the event 
of  New  Delhi  or  any  part  thereof  being  visited  or  threatened  by  an  outbreak  of  any  dangerous  disease 
among the inhabitants thereof or any epidemic disease among any animals therein, the Chairperson, if he 
thinks that the other provisions of this Act and the provisions of any other law for the time being in force 
are insufficient for the purpose, may, with the previous sanction of the Council— 

(a) take such special measures; and 

(b) by public notice, give such directions to be observed by the public or by any class or section 

of the public,  

as he thinks necessary to prevent the outbreak or spread of the disease: 

Provided  that  where  in  the  opinion  of  the  Chairperson  immediate  measures  are  necessary,  he  may 
take action, without such sanction as aforesaid and if he does so, shall forthwith report such action to the 
Council. 

(2) No person shall commit a breach of any direction given under sub-section (1) and if he does so he 

shall be deemed to have committed an offence under section 188 of the Indian Penal Code (45 of 1860). 

90 

 
288. Infected clothes not to be sent to washerman or to laundry.—(1) A person shall not send or 
take to any washerman or to any laundry or place set apart for the exercise by washerman of their calling, 
for  the  purpose  of  being  washed  or  to  any  place  for  the  purpose  of  being  cleansed,  any  cloth  or  other 
article which he knows to have been exposed to infection from a dangerous disease unless that cloth or 
article has been disinfected by or to the satisfaction of the officer authorised in this behalf. 

(2) The  occupier  of  any  building  in  which  a  person  is  suffering  from  a  dangerous  disease  shall,  if 
required  by  the  officer  authorised  by  the  Chairperson,  furnish  to  him  the  address  of  any  washerman  to 
whom or any laundry or other place to which clothes and other articles from the building have been, or 
will be, sent during the continuance of the disease, for the purpose of being washed or cleaned. 

289. Contamination and disinfection of public conveyance.—(1) Whoever— 

(a) uses a public conveyance while suffering from a dangerous disease; or 

(b) uses  a  public  conveyance  for  the carriage  of  a  person  who  is  suffering  from  any  dangerous 

disease; or 

(c) uses a  public  conveyance  for  the carriage  of  the corpse  of  a  person  who  has  died  from  any 

such disease, 

shall be bound to take proper precautions against the communication of the disease to other persons using 
or who may thereafter use the conveyance and to notify such use to the owner, driver, or person in charge 
of the conveyance, and further report without delay to the Chairperson the number of the conveyance and 
the name of the person so notified. 

(2) Where  any  person  suffering  from,  or  the  corpse of  any  person  who  has  died  from,  a  dangerous 
disease has been carried in public conveyance which ordinarily plies in New Delhi or any part thereof, the 
driver thereof shall forthwith report the fact to the Chairperson who shall forthwith cause the conveyance 
to be disinfected if that has not already been done. 

(3) No  such  conveyance  shall  be  again  brought  into  use  until  the  officer  authorised  by  the 

Chairperson has granted a certificate stating that it can be used without causing risk of infection. 

(4) Whoever  fails  to  make  to  the  Chairperson  any  report  which  he  is  required  to  make  under  this 

section shall be guilty of an offence. 

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.—(1) Where  any  building  or  part  of  a 
building  is  intended  to  be  let  in  which  any  person  has,  within  six  weeks  immediately  preceding,  been 
suffering from a dangerous disease, the person letting the building or part shall, before doing so, disinfect 
the  same  in  such  manner  as  the  Chairperson  may  by  general  or  special  notice  direct  together  with  all 
articles therein liable to retain infection. 

(2) For the purposes of this section the keeper of a hostel, lodging house, dharamshala, sarai, boarding 
house, guest house, hotel or club shall be deemed to have let to any person who is admitted as a  guest 
therein that part of the building in which such person is permitted to reside. 

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— 

(a) make, carry or offer for sale or take any part in the business of making, carrying or offering 
for sale, any article of food or drink or any medicine or drug for human consumption, or any article of 
clothing or bedding for personal use or wear; or 

91 

 
(b) take any part in the business of the washing or carrying of clothes. 

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.—(1) If the Chairperson is of opinion that the water in any 
well, tank or other place, is likely, if used for drinking, to endanger, or cause the  spread of, any disease, 
he may— 

(a) by public notice, prohibit the removal or use of such water for drinking; or 

(b) by notice in writing require the owner or person having control of such well, tank or place to 
take such steps as may be directed by the notice to prevent the public from having access to or using 
such water; or 

(c) take such other steps as he may consider expedient to prevent the outbreak or spread of any 

such disease. 

(2) In  the  event  of  New  Delhi  or  any  part  thereof  being  visited  or  threatened  by  an  outbreak  or  a 
dangerous disease the officer authorised by the Chairperson in this behalf may, without notice and at any 
time, inspect and disinfect any well, tank or other place from which water is, or is likely to be, taken for 
the purposes of drinking and may further take such steps as he may think fit to ensure the purity of the 
water or to prevent the use of the same for drinking purposes. 

296. Duty of persons suffering from dangerous disease.—No person shall— 

(a) knowing  that  he  is  suffering  from  a  dangerous  disease  expose  other  persons  to  the  risk  of 

infection by his presence or conduct in any public street or public place; 

(b) having the care of a person whom he knows to be suffering from a dangerous disease, cause 
or permit that person to expose other persons to the risk of infection by his presence or conduct in any 
such street or place as aforesaid; 

(c) place  or  cause  to  be  placed  in  a  dustbin  or  other  receptacle  for  the  deposit  of  rubbish,  any 
matter which he knows to have been exposed to infection from a dangerous disease and which has not 
been disinfected properly; 

(d) throw or cause to be thrown into any latrine or urinal any matter which he knows to have been 

exposed to infection from a dangerous disease and which has not been disinfected properly. 

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,— 

(a) require any person having charge of the corpse to convey the same to mortuary thereafter to 

be disposed of in accordance with law, or 

(b) prohibit the removal of corpses from the place where death occurred except for the purpose of 

being burnt, buried or for being conveyed to a mortuary. 

Special conditions regarding essential services 

298. Conditions of service of sweepers and certain other class of persons employed in municipal 
service.—(1) No person being a sweeper employed by the Council shall in the absence of any contract 
authorising him so to do and without reasonable cause, resign his employment or absent himself from his 
duty without having given one month‟s notice to the Chairperson or shall neglect or without reasonable 
cause refuse to perform his duties. 

(2) The  Council  may  by  resolution  direct  that  on  or  from  such  date  as  may  be  specified  in  the 
resolution, the provisions of this section shall apply in the case of any specified class of persons employed 
by the Council whose functions are intimately concerned with public health or safety. 

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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 grounds 

300. 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.—(1) No place which has not been used 
as  a  burning  or  burial  ground  before  the  commencement  of  this  Act  shall  be  so  used  without  the 
permission in writing of the Chairperson. 

(2) Such permission may be granted subject to any conditions which the Chairperson may think fit to 
impose for the purpose of preventing any annoyance to, or danger to the health of, any person residing in 
the neighbourhood. 

302. Power to require closing of burning and burial grounds.—(1) Where the Chairperson, after 
making or causing to be made local inquiry is of opinion that any burning or burial ground has become 
offensive  to,  or  dangerous  to  the  health  of,  persons  residing  in  the  neighbourhood,  he  may,  with  the 
previous  sanction  of  the  Council,  by  notice  in  writing,  require  the  owner  or  person  in  charge  of  such 
ground to close the same from such date as may be specified in the notice. 

(2) No corpse shall be burnt or buried at the burning or burial ground in respect of which a notice has 

been issued under this section. 

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 animals 

304. 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— 

(a) convey the carcass to a place provided or appointed under section 263 for the final disposal of 

the carcasses of dead animals, or 

(b) give  notice  of  the  death  to  the  Chairperson  whereupon  he  shall  cause  the  carcass  to  be 

disposed of on such fee as may be prescribed by the Council. 

CHAPTER XVI 

VITAL STATISTICS 

305. Appointment  of  Chief  Registrar,  etc.—(1) Notwithstanding  anything  contained  in  the 
Registration of Births and Deaths Act, 1969 (18 of 1969), but subject to the provisions to this Act and to 
any directions that the Central Government may give in this behalf, the officer specified in the Official 
Gazette  by  the  Chairperson,  shall be the  Chief  Registrar  of  Births  and  Deaths for  New  Delhi and shall 
keep in such form as may be prescribed by bye-laws a register of all births and deaths occurring in New 
Delhi. 

(2) The  Chairperson shall for  the  purposes  of  this  Chapter  appoint  an  additional  chief  registrar  and 
such number of persons to be registrars of births and deaths for New Delhi as he deems necessary and 
define the respective areas which shall be under the charge of such registrars. 

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. 

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307. Information  of  births  and  deaths.—(1) It  shall  be  the  duty  of  the  father  or  mother  of  every 
child born in New Delhi and in default of the father or mother, of any relation of the child living in the 
same premises, and in default of such relation, of the person having charge of the child, to give to the best 
of  his  knowledge  and  belief  to  the  registrar  of  the  area  concerned  within  eight  days  after  such  birth, 
information containing such particulars as may be prescribed by bye-laws made in this behalf. 

(2) It shall be the duty of the nearest relation present at the time of the death or in attendance during 
the last illness of any person dying in New Delhi and in default of such relation, of any person present or 
in attendance at the time of the death and of the occupier of the premises in which to his knowledge the 
death took place and in default of the person hereinbefore mentioned, of each inmate of such premises 
and of the undertaker or other person causing the corpse of the deceased person to be disposed of, to give 
to  the  best  of  his  knowledge  and  belief  to  the  registrar  of  the  area  within  which  the  death  place 
information containing such particulars as may be prescribed by bye-laws made in this behalf. 

(3) If a birth or death occurs in the hospital, none of the persons mentioned in  sub-section (1) or, as 
the case may be, in sub-section (2) shall be bound to give information required by that sub-section, but it 
shall be the duty of the medical officer in charge of the hospital within twenty-four hours after the birth or 
death, to send to the officer authorised by the Chairperson, a notice containing such particulars as may be 
prescribed by bye-laws made in this behalf. 

CHAPTER XVII 

PUBLIC SAFETY AND SUPPRESSION OF NUISANCES 

Nuisances 

308. Prohibition of nuisances.—(1) No person shall— 

(a) in any public street or public place— 

(i) ease himself; or 

(ii) carry meat exposed to public view; or 

(iii) picket animals or collect carts; or 

(iv) being  engaged  in  the  removal  of  rubbish,  filth  or  other  polluted  and  obnoxious  matter 
wilfully  or  negligently  permit  any  portion  thereof  to  spill  or  fall,  or  neglect  to  sweep  away  or 
otherwise effectually to remove any portion thereof which may spill or fall in such street or place; 
or 

(v) without  proper  authority  affix,  upon  any  building,  monument,  post,  wall,  fence,  tree  or 

other thing, any bill, notice or other document; or 

(vi) without  proper  authority  deface  or  write  upon  or  otherwise  mark  any  building, 

monument, post, wall, fence, tree or other thing; or 

(vii) without  proper  authority  remove,  destroy,  deface  or  otherwise  obliterate  any  notice  or 

other document put up or exhibited under this Act or the rules or bye-laws made thereunder; or 

(viii) without proper authority displace, damage, make any alteration in, or otherwise interfere 
with, the pavement, gutter, storm, water-drain, flags or other materials of any such street, or any 
lamp bracket, direction-post, hydrant or water-pipe maintained by the Council in any such street 
or place or extinguish a public light; or 

(ix) carry rubbish, filth or other polluted and obnoxious matter at any hour prohibited by the 
Chairperson by public notice, or in any pattern of cart or receptacle which has not been approved 
for the purpose by the Chairperson, or fail to close such cart or receptacle when in use; or 

(b) carry rubbish, filth or other polluted and obnoxious matter along any route in contravention of 

any prohibition made in this behalf by the Chairperson by public notice; or 

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(c) deposit or cause or permit to be deposited, earth or materials of any description or any rubbish 
or  polluted  and  obnoxious  matter  in  any  place  not  intended  for  the  purpose  in  any  public  street  or 
public place or waste or unoccupied land under the control and management of the Council; or 

(d) make any grave or burn or bury any corpse at any place not set apart for such purpose; or 

(e) at any time or place at which the same has been prohibited by the Chairperson by public or 
special notice, beat a drum or tom-tom, or blow a horn or trumpet, or beat any utensil, or sound any 
brass or other instrument, or play any music; or 

(f) disturb the public peace or order by singing, screaming or shouting, or by using any apparatus 

for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker; or 

(g) let loose any animal so as to cause, or negligently allow any animal to cause injury, danger, 

alarm or annoyance to any person; or 

(h) save with the written permission of the Chairperson and in such manner as he may authorise, 
store or use night-soil, cowdung, manure, rubbish or any other substance emitting an offensive smell; 
or 

(i) use or permit to be used as a latrine or urinal any place not intended for that purpose. 

(2) Every person shall take all reasonable means to prevent every child under the age of twelve years 

being in his charge from easing himself in any public street or public place. 

(3) The  owner  or  keeper  of  any  animal  shall  not  allow  it  straying  in  a  public street  or  public  place 

without a keeper. 

(4) Any animal found straying as aforesaid may be removed by an officer or employee of the Council 

or by any police officer to a pound. 

(5) Swine  found  straying  in  a  public  street  or  public  place  shall  be  liable  to  be  destroyed  by  any 

officer or other employee of the Council appointed in this behalf. 

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. 

Dogs 

310. Registration and control of dogs.—(1) The Council may, by bye-laws made in this behalf,— 

(a) require  the  registration,  by  the  registration  authority  appointed  by  the  Chairperson  in  this 

behalf of all dogs kept within New Delhi; 

(b) require that every registered dog shall wear a collar to which shall be attached a metal token to 

be issued by the registration authority, and fix and fee payable for the issue thereof; 

(c) require that any dog which has not been registered or which is not wearing such token shall, if 

found in any public place, be detained at a place set apart for the purpose; and 

(d) fix the fee which shall be charged for such detention and provide that any such dog shall be 
liable to be destroyed or otherwise disposed of unless it is claimed and the fee in respect thereof is 
paid within one week. 

(2) The Chairperson may— 

(a) cause to be destroyed, or to be confined for such period as he may direct, any dog or other 
animal which is, or is reasonably suspected to be, suffering from rabies, or which has been bitten by 
any dog or other animal suffering or suspected to be suffering from rabies; 

(b) by public notice direct that, after such date as may be specified in the notice, dogs which are 
without collars or without marks distinguishing them as private property and are found straying on the 

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streets  or beyond the enclosures  of the  houses  of  their  owners,  if any,  may  be  destroyed  and  cause 
them to be destroyed accordingly. 

(3) No  damages  shall  be  payable  in  respect  of  any  dog  or  other  animal  destroyed  or  otherwise 

disposed of under this section. 

(4) No one, being the owner or person in charge of any dog, shall allow it to be at large in any public 
street or  public  place  without  being  muzzled  and  without  being  secured  by  a  chain lead in  any  case  in 
which— 

(a) he knows that the dog is likely to annoy or intimidate any person, or 

(b) the Chairperson has, by public notice during the prevalence of rabies, directed that dogs shall 

not be at large without muzzles and chain leads. 

(5) No one shall— 

(a) allow any ferocious dog which belongs to him or is in his charge to be at large without being 

muzzled; or 

(b) set on or urge any dog or other animal to attack, worry or intimidate any person; or 

(c) knowing or having reason to believe that any dog or animal belonging to him or in his charge 
has  been  bitten  by  an  animal  suffering  or  reasonably  suspected  to  be  suffering  from  rabies,  fail  or 
neglect  to  give  immediate  information  of  the  fact  to  the  Chairperson  or  give  information  which  is 
false. 

Prevention of fire, etc. 

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-baloons,  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  subsistence  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. 

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CHAPTER XVIII 

MARKETS, TRADES AND OCCUPATIONS 

Maintenance and regulations of markets 

316. Provision of municipal market.—(1) The Chairperson, when authorised by the Council in this 
behalf, may provide and maintain municipal markets and slaughter houses in such number as he thinks fit 
together  with  stalls,  shops,  sheds,  pens,  and  other  buildings  and  conveniences  for  the  use  of  persons 
carrying  on  trade or  business  in,  or frequenting  such  markets  or  slaughter  house,  and  may  provide  and 
maintain  in  any  such  markets  buildings  and  places,  machines,  weights,  scales  and  measures  for  the 
weighment or measurement of goods sold therein. 

(2) Municipal markets and slaughter houses shall be under the control of the Chairperson who may, at 

any time, by public notice, close any municipal market, slaughter house or any part thereof. 

317. Use of municipal markets and slaughter house.—(1) No person shall, without the general or 
special  permission  in  writing  of  the  Chairperson,  sell  or  expose  for  sale  any  animal  or  article  in  any 
municipal market. 

(2) Any person contravening the provisions of sub-section (1), and any animal or article exposed for 
sale  by  such  person,  may  be  summarily  removed  from  the  market  by  or  under  the  orders  of  the 
Chairperson or any officer or employee of the Council authorised by the Chairperson in this behalf. 

318. Private markets.—(1) No place other than a municipal market shall be used as a market unless 

such place has been licensed as a market by the Council. 

(2) No place other than a municipal slaughter house shall be used as a slaughter house: 

Provided that nothing in this sub-section shall be deemed— 

(i) to restrict the slaughter of any animal in any place on the occasion of any religious festival or 
ceremony, subject to such conditions (non-compliance with which shall be punishable under this Act) 
as the Chairperson may, by public or special notice, impose in this behalf, or 

(ii) to prevent the Chairperson, with the sanction of the Council, from setting apart place for the 

slaughter of animal in accordance with religious custom. 

319. Conditions  of  grant  of  licence  for  private  market.—(1) The  Chairperson  may  charge  such 
fees as the Council may prescribe in this behalf for the grant of a licence to any person to open a private 
market and may grant such licence subject to such conditions, consistent with this Act and any bye-laws 
made thereunder. 

(2) When the Council refuses to grant any licence, it shall record a brief statement of the reasons for 

such refusal. 

(3) The Chairperson may, for reasons to be recorded, suspend a licence in respect of a private market 

for such period as he thinks fit, or cancel his licence. 

(4) A private market of which the licence has been suspended or cancelled as aforesaid shall be closed 

with effect from such date as may be specified in the order of suspension or cancellation. 

320. Prohibition of keeping market open without licence, etc.—(1) No person shall keep open for 
public use any market in respect of which a licence is required by or under this Act without obtaining a 
licence therefor, or while the licence therefor is suspended or after the same has been cancelled. 

(2) When  a licence to  open  a  private  market  is  granted  or  refused  or  is  suspended  or  cancelled  the 
Chairperson  shall  cause  a  notice  of  the  grant,  refusal,  suspension  or  cancellation  to  be  posted  in  such 
language or languages as he thinks necessary in some conspicuous place by or near the entrance to the 
place to which the notice relates. 

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. 

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322. Prohibition of business and trade near a market.—(1) No animal or article shall be sold or 
exposed  for  sale  within  a  distance  of  one  hundred  metres  of  any  municipal  market  or  licensed  private 
market without the permission of the Chairperson. 

(2) Any person contravening the provisions of sub-section (1) and any animal or article exposed for 
sale by such person may be summarily removed by or under the orders of the Chairperson or any officer 
or employee of the Council appointed by him in this behalf. 

323. Levy  of  stallages,  rents  and  fees.—(1) The  Chairperson,  with  the  previous  approval  of  the 

Council may— 

(a) charge such stallages, rents and fees as may from time to time be fixed by him in this behalf— 

(i) for the occupation or use of any stall, shop, stand, shed  or pen in a municipal market or 

municipal slaughter house; 

(ii) for the right to expose articles for sale in a municipal market; 

(iii) for  the  use  of  machines,  weights,  scales  and  measures  provided  for  in  any  municipal 

market; and 

(iv) for  the right to slaughter animals in any municipal slaughter house, and for the feed of 

such animals before they are ready for slaughter; or 

(b) farm  the  stallages,  rents  and  fees  chargeable  as  aforesaid  or  any  portion  thereof  for  such 

period as he thinks fit; or 

(c) put up to public auction or dispose by the private sale the privilege of occupying or using any 
stall, shop, shed or pen in a municipal market or municipal slaughter house for such period and on 
such conditions as he may think fit. 

(2) A copy of the table of stallages and fees, if any, chargeable in any municipal market in New Delhi 
and of the bye-laws made under this Act for the purpose of regulating the use of such market printed in 
such language or languages as the Chairperson may direct, shall be affixed in some conspicuous place in 
the market. 

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.—(1) No person shall without or otherwise than 
in conformity with a licence from the Chairperson carry on the trade of a butcher, fish-monger, poulterer 
or importer of flesh intended for human consumption or use any place for the sale of flesh, fish or poultry 
intended for human consumption: 

Provided  that  no  licence  shall  be  required  for  any  place  used  for  the  sale  or  storage  for  sale  of 

preserved flesh or fish contained in air-tight or hermetically sealed receptacles. 

(2) The Chairperson may order and subject to such conditions as to supervision and inspection as he 

thinks fit to impose grant a licence or may by order refuse for reasons to be recorded, to grant the same. 

(3) Every such licence shall expire at the end of the year for which it is granted or at such earlier date 

as the Chairperson may, for special reasons, specify in the licence. 

(4) If any place is used for the sale of flesh, fish or poultry in contravention of the provisions of this 

section, the Chairperson may stop the use thereof by such means as he may consider necessary. 

(5) (i) If the Chairperson or any person authorised by him in this behalf has reason to believe that any 
animal  intended  for  human  consumption  is  being  slaughtered  or  that  the  flesh  of  any  such  animals  is 
being sold or exposed for sale, in any place or manner not duly authorised under this Act, he may at any 
time by day or night without notice inspect such place for the purpose of satisfying himself as to whether 
any provision of this Act or of any bye-law under this Act at the time in force is being contravened thereat 
and may seize any such animal or the carcass of such animal or such flesh found therein. 

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(ii) The Chairperson may remove and sell by auction or otherwise dispose of any animal or carcass of 

any animal or any flesh seized under clause (i) of this sub-section. 

(iii) If within one month of such seizure the owner of the animal, carcass or flesh fails to appear and 
prove his claim to the satisfaction of the Chairperson or if the owner is convicted of an offence under this 
Act in respect of such animal, carcass or flesh, the proceeds of any sale under clause (i) of this sub-section 
shall vest in the Council. 

(iv) Any person slaughtering any animal or selling or exposing for sale the flesh of any such animal in 
any place or manner not duly authorised under the provisions of this Act may be arrested by any police 
officer without a warrant. 

(v) No claim shall lie against any person for compensation for any damage necessarily caused by any 

such entry or by the use of any force necessary for affecting such entry. 

Trades and occupations 

326. Factory, etc., not to be established without permission of the Chairperson.—(1) No person 
shall,  without  the  previous  permission  in  writing  of  the  Chairperson,  establish  in  any  premises,  or 
materially  alter,  enlarge  or  extend,  any  factory,  workshop  or  trade  premises  in  which  it  is  intended  to 
employ steam, electricity, water or other mechanical power. 

(2) The Chairperson may refuse to give such permission, if he is of the opinion that the establishment, 
alteration, enlargement or extension of such factory, workshop or trade premises, in the proposed position 
would be objectionable by reason of the density of the population in the neighbourhood thereof, or would 
be a nuisance to the inhabitants of the neighbourhood. 

327. Premises  not  to  be  used  for  certain  purposes  without  licence.—(1) No  person  shall  use  or 
permit to be used any premises for any of the following purposes without or otherwise than in conformity 
with the terms of a licence granted by the Chairperson in this behalf, namely:— 

(a) any of the purposes specified in Part I of the Ninth Schedule; 

(b) any purpose which is, in the opinion of the Chairperson dangerous to life, health or property 

or likely to create a nuisance; 

(c) keeping horses, cattle or other quadruped animals or birds for transportation, sale or hire or for 

sale of the produce thereof; or 

(d) storing any of the articles specified in Part II of the Ninth Schedule except for domestic use of 

any of those articles: 

Provided that the Council may declare that premises in which the aggregate quantity of articles stored 
for sale does not exceed such quantity as may be prescribed by  bye-laws in respect of any such articles 
shall be exempted from the operation of clause (d). 

(2) In prescribing the terms of a licence granted under this section for the use of premises as mills or 
iron yards or for similar purposes the Chairperson may, when he thinks fit, require the licensee to provide 
a space or passage within the premises for carts for loading and unloading purposes. 

(3) The  Council  shall  fix  a  scale  of  fees  to  be  paid  in  respect  of  premises  licensed  under                 

sub-section (1): 

Provided that no such fee shall exceed five hundred rupees. 

328. Seizure of certain animals.—(1) If any horses, cattle or other quardruped animals or birds are 
kept  on  any  premises  in  contravention  of  the  provisions  of  section  327,  or  are  found  abandoned  and 
roaming or tethered on any street or public place or on any land belonging to the Council, the Chairperson 
or any officer empowered by him may seize them and may cause them to be impounded or removed to 
such place as may be appointed by the Government or the Council for this purpose and the cost of seizure 
of these animals or birds and of impounding or removing them and of feeding and watering them shall be 
recoverable by sale by auction of these animals or birds: 

Provided that anyone claiming such animal or bird may, within seven days of the seizure get them 
released on his paying all expenses incurred by the Chairperson in seizing, impounding or removing and 

99 

 
in feeding and watering such animal or bird, and on his producing a licence for keeping these animals and 
birds issued under the provisions of section 327. 

(2) Whenever  the  Chairperson  is  of  opinion  that  the  user  or  any  premises  for  any  of  the  purposes 
referred  to  in  sub-section  (1)  of  section  327  is  causing  a  nuisance  and  such  nuisance  should  be 
immediately stopped, the Chairperson may order the owner or the occupier of the premises  to stop such 
nuisance within such time as may be specified in the order and in the event of the failure of the owner or 
occupier  to  comply  with  such  order,  the  Chairperson  may  himself  or  by  an  officer  subordinate  to  him 
cause such user to be stopped. 

(3) Without  prejudice  to  the  foregoing  provisions  of  this  section  any  person  by  whom  or  at  whose 
instance any horses, cattle or other quadruped animals or birds are so kept, abandoned or tethered, shall 
also be punishable under this Act. 

329. Power of Chairperson to prevent use of premises in particular areas for purposes referred 
to in section 327.—(1) The Chairperson may give public notice of his intention to declare that in any area 
specified  in  the  notice  no  person  shall  use  any  premises  for  any  of  the  purposes  referred  to  in                      
sub-section (1) of section 327, which may be specified in such notice. 

(2) No  objections  to  any  such  declaration  shall  be  received  after  a  period  of  one  month  from  the 

publication of the notice. 

(3) The Chairperson shall consider all objections received within the said period, giving any person 
affected by the notice an opportunity of being heard during such consideration, and may thereupon make 
a declaration in accordance with the notice published under sub-section (1), with such modifications, if 
any, as he may think but not so as to extend its application. 

(4) Every such declaration shall be published in the Official Gazette and in such other manner as the 

Chairperson may determine, and shall take effect from the date of its publication in the Official Gazette. 

(5) No person shall, in any area specified in any declaration published under sub-section (4) use any 
premises  for  any  of  the  purposes  referred  to  in  section  327  specified  in  the  declaration  and  the 
Chairperson  shall  have  the  power  to  stop  the  use  of any  such  premises  by  such  means  as  he  considers 
necessary. 

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,— 

(a) hawk  or  expose  for  sale  in  any  place  any  article  whatsoever  whether  it  be  for  human 

consumption or not; 

(b) use in any place his skill in any handicraft or for rendering services to and for the convenience 

of the public for the purposes of gain or making a living. 

331. Eating  houses,  etc.,  not  to  be  used  without  licence  from  the  Chairperson.—(1) No  person 
shall, without or otherwise than in conformity with the terms of a licence granted by the Chairperson in 
this  behalf,  keep  any  eating  house,  lodging  house,  hotel,  boarding  house,  tea  shop,  coffee  house,  cafe, 
restaurant, refreshment room or any place where the public are admitted for repose or for the consumption 
of any food or drink or any place, where food is sold or prepared for sale. 

(2) The Chairperson may at any time cancel or suspend any licence granted under  sub-section (1) if 
he is of the opinion that the premises covered thereby are not kept in conformity with the conditions of 
such licence or with the provisions of any bye-law made in this behalf, whether the licensee is prosecuted 
under this Act or not. 

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 

100 

 
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— 

(a) that the buildings  in that  area  are  by  reason  of  disrepair  or  sanitary  defects unfit for  human 
habitation  or  are  by  reason  of  their  bad  arrangement,  or  the  narrowness  or  bad  arrangement  of  the 
streets  or  the  want  of  light,  air,  ventilation  or  proper  conveniences,  dangerous  or  injurious  to  the 
health of the inhabitants of the area; and 

(b) that  the  most  satisfactory  method  of  dealing  with  the  conditions  in  the  area  is  the                         

re-arrangement  and  reconstruction  of  the  streets  and  buildings  in  the  area  in  accordance  with  an 
improvement scheme, 

he may frame an improvement scheme in respect of the area in accordance with the bye-laws made in this 
behalf. 

335. Matters  to  be  provided for in  an improvement  scheme.—(1) An  improvement  scheme  may 

provide for all or any of the following matters, namely:— 

(a) the  acquisition  by  agreement  or  under  the  Land  Acquisition  Act,  1894  (1  of  1894),  of  any 

property necessary for or affected by the execution of the scheme; 

(b) the relaying out of any land comprised in the scheme; 

(c) the redistribution of sites belonging to owners of property comprised in the scheme; 

(d) the closure or demolition of buildings or portions of buildings unfit for human habitation; 

(e) the demolition of obstructive buildings or portions thereof; 

(f) the construction and reconstruction of buildings; 

(g) the construction and alteration of streets; 

(h) the water supply, street lighting, electric supply, drainage and other conveniences; 

(i) the provision of open spaces for the benefit of any area comprised in the scheme; 

(j) the sanitary arrangements required for the area comprised in the scheme; 

(k) the provision of accommodation for any class of the inhabitants; 

(l) the provision of facilities for communication; 

(m) the sale, letting or exchange of any property comprised in the scheme; 

(n) any other matter for which, in the opinion of the Chairperson it is expedient to make provision 

with a view to the improvement of the area to which the scheme relates. 

(2) Where any land is designated in an improvement scheme as subject to acquisition or is required by 
the scheme to be kept as an open space, then, if at the expiration of ten years from the date of sanction of 
the scheme by the Central Government under  sub-section (2) of section 336 the land is not acquired by 
the Chairperson, the owner of the land may serve on the Chairperson a notice requiring his interest in the 
land to be so acquired. 

(3) If the Chairperson fails to acquire the land within a period of six months  from the receipt of the 
notice, the improvement scheme shall have effect after the expiration of the said six months as if the land 
were  not  designated as  subject  to  acquisition  by  the Chairperson  or  were  not  required  to  be  kept  as an 
open space. 

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336. Submission  of  improvement  scheme  to  the  Council  for  approval  and  to  the  Central 
Government for  sanction.—(1) Every  improvement scheme  shall,  as  soon as may  be  after it  has  been 
framed, be submitted by the Chairperson for approval to the Council and the Council may either approve 
the scheme without modifications or with such modifications as it may consider necessary or reject the 
scheme with directions to the Chairperson to have a fresh scheme framed according to such directions. 

(2) No improvement scheme approved by the Council under  sub-section (1) shall be valid unless it 

has been sanctioned by the Central Government. 

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 permissions 

339. Signature,  conditions,  duration,  suspension,  revocation,  etc.,  of  licences  and  written 
permissions.—(1) Whenever it is provided in this Act or any bye-law made thereunder that a licence or a 
written permission may be granted for any purpose, such licence or written permission shall be signed by 
the  Chairperson  or  by  the  officer  empowered  to  grant  the  same  under  this  Act  or  the  bye-laws  made 
thereunder or by any officer authorised by the Chairperson or such officer in this behalf and shall specify 
in  addition  to  any  other  matter  required  to  be  specified  under  any  other  provision  of  this  Act  or  any 
provision of any bye-law made thereunder— 

(a) the date of the grant thereof; 

(b) the purpose and the period (if any) for which it is granted; 

(c) restrictions or conditions, if any, subject to which it is granted; 

(d) the name and address of the person to whom it is granted; and 

(e) the fee, if any, paid for the licence or written permission. 

(2) Except as otherwise provided in this Act or any bye-law made thereunder, for every such licence 
or  written  permission  a  fee  may  be  charged  at  such  rate  as  may  from  time  to  time  be  fixed  by  the 
Chairperson with the sanction of the Council and such fee shall be payable by the person to whom the 
licence or written permission is granted. 

(3) Save  as  otherwise  provided  in  this  Act  or  any  bye-law  made  thereunder  any  licence  or  written 
permission granted under this Act any bye-law made thereunder may at any time be suspended or revoked 
by the Chairperson or by the officer by whom it was granted, if he is satisfied that it has been secured by 
the  grantee  through  misrepresentation  or  fraud  or  if  any  of  its  restrictions  or  conditions  have  been 
infringed or evaded by the grantee, or if the grantee has been convicted for the contravention of any of the 
provisions  of  this  Act  or  any  bye-law  made  thereunder  relating  to  any  matter  for  which  the  licence  or 
permission has been granted: 

Provided that— 

(a) before making any order of suspension or revocation reasonable opportunity shall be accorded 
to the grantee of the licence or the written permission to show cause why it should not be suspended 
or revoked; 

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(b) every such order shall contain a brief statement of the reasons for the suspension or revocation 

of the licence or the written permission. 

(4) When  any  such  licence  or  written  permission  is  suspended  or  revoked,  or  when  the  period  for 
which the same  was  granted  has  expired,  the  grantee  shall, for  all  purposes  of this  Act  or  any  bye-law 
made  thereunder,  be  deemed  to  be  without a  licence or  written  permission  until  such time  as the  order 
suspending  or  revoking  the  licence  or  written  permission  is  rescinded  or  until  the  licence  or  written 
permission is renewed. 

(5) Every grantee of any licence or written permission granted under this Act shall at all reasonable 
times, while such licence or written permission remains in force, if so required by the Chairperson or the 
authority by whom it was granted, produce such licence or written permission. 

Entry and inspection 

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— 

(a) for the purpose of ascertaining whether there is or has been on or in connection with the land 
or building any contravention of the provisions of this Act, rules, regulations or any  bye-law  made 
there-under; 

(b) for the purpose of ascertaining whether or not circumstances exist which would authorise or 
require the Chairperson or any municipal officer or employee authorised or empowered in this behalf 
to  take  any  action  or  execute  any  work  under  this  Act,  rules,  regulations  or  any  bye-law  made 
thereunder; 

(c) for the purpose of taking any action or executing any work authorised or required by this Act, 

rules, regulations or bye-laws made thereunder; 

(d) to make any inquiry, inspection, examination, measurement, valuation or survey authorised or 
required  by  or  under  this  Act,  rules,  regulations  or  bye-laws  made  thereunder  or  necessary  for  the 
proper administration of this Act; 

(e) generally for the purpose of efficient discharge of the functions by the Council under this Act, 

rules, regulations or any bye-law made thereunder. 

341. Power  to  enter  land  adjoining  land  in  relation  to  any  work.—(1) The  Chairperson  or  any 
person 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 on any land within fifty metres of any work 
authorised by or under this Act, rules, regulations or bye-laws made thereunder with or without assistants 
and  workmen  for  the  purpose  of  depositing  thereon  any  soil,  gravel,  stone  or  other  materials  or  for 
obtaining access to such work or for any other purposes connected with the execution of the same. 

(2) The person so authorised shall, before entering on any such land, state the purpose thereof, and 
shall, if so required by the owner or occupier thereof, fence off so much of the land as may be required for 
such purpose. 

(3) The  person  so  authorised  shall,  in  exercising  any  power  conferred  by  this  section,  do  as  little 
damage as may be and compensation shall be payable by the Council in accordance with bye-laws made 
in this behalf to the owner or occupier of such land or to both for any such damage, whether permanent or 
temporary. 

342. Breaking into building.—(1) It shall be lawful for the Chairperson or any person 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 to make any entry into any place, and to open or cause to be opened any door, 
gate or other barrier— 

(a) if he considers the opening thereof necessary for the purpose of such entry; and 

(b) if the owner or occupier is absent or being present refuses to open such door, gate or barrier. 

(2) Before making any entry into any such place, or opening or causing to be opened any such door, 
gate or other barrier, the Chairperson or the person authorised or empowered in this behalf, shall call upon 

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two  or  more  respectable  inhabitants  of  the  locality  in  which  the  place  to  be  entered  into  is  situate,  to 
witness the entry or opening and may issue an order in writing to them or any of them so to do. 

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 advertisements 

347. 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. 

Evidence 

349. 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. 

104 

 
 
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.—(1) Every  licence,  written  permission,  notice, 
bill, summons or other document which is required by this Act or any rule, regulation or  bye-law made 
thereunder  to  bear  the  signature  of  the  Chairperson  or  of  any  officer,  shall  be  deemed  to  be  properly 
signed if it bears a facsimile of the signature of the Chairperson or Officer, as the case may be, stamped 
thereupon. 

(2) Nothing  in  sub-section  (1)  shall  be  deemed  to  apply  to  a  cheque  drawn  upon  the  New  Delhi 

Municipal Fund under section 46. 

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.—(1) Every notice, bill, summons order, requisition or other document 
required  or  authorised  by  this  Act  or  any  rule,  regulation  or  bye-law  made  thereunder  to  be  served  or 
issued by or on behalf of the Council, or by the Chairperson or any officer, of any person shall, save as 
otherwise provided in this Act or such rule, regulation or bye-law, be deemed to be duly served— 

(a) where the person to be served is a company, if the document is addressed to the secretary of 

the company at its registered office or at its principal office or place of the business and is either— 

(i) sent by registered post, or 

(ii) delivered  at  the  registered  office  or  at  the  principal  office  or  place  of  business  of  the 

company; 

(b) where  the  person  to  be  served  is  a  partnership  firm,  if  the  document  is  addressed  to  the 
partnership firm at its principal place of business, identifying it by the name or style under which its 
business is carried on, and is either— 

(i) sent by registered post, or 

(ii) delivered at the said place of business; 

(c) where the person to be served is a public body, or a corporation, society or other body, if the 
document  is  addressed  to  the  secretary,  treasurer  or  other  head  officer  of  that  body,  corporation  or 
society as its principal office, and is either— 

(i) sent by registered post, or 

(ii) delivered at that office; 

(d) in any other case, if the document is addressed to the person to be served and— 

(i) is given or tendered to him, or 

(ii) if  such  person  cannot  be  found,  is  affixed  on  some  conspicuous  part  of  his  last  known 
place  of  residence  or  business,  if  within  the  National  Capital  Territory  of  Delhi,  or  is  given  or 
tendered to some adult member of his family or is affixed on some conspicuous part of the land or 
building, if any, to which it relates, or 

(iii) is sent by registered post to that person. 

(2) Any document which is required or authorised to be served on the owner or occupier of any land 
or building may be addressed “the owner” or “the occupier”, as the case may be, of that land or building 
(naming  that  land  or  building)  without  further  name  or  description,  and  shall  be  deemed  to  be  duly 
served— 

(a) if  the  document  so  addressed  is  sent  or  delivered  in  accordance  with  clause  (d)  of               

sub-section (1); or 

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(b) if the document so addressed or a copy thereof so addressed, is delivered to some person on 
the land or building or, where there is no person on the land or building to whom it can be delivered, 
is affixed to some conspicuous part of the land or building. 

(3) Where a document is served on a partnership firm in accordance with this section, the document 

shall be deemed to be served on each partner. 

(4) For  the  purpose  of  enabling  any  document  to  be  served  on  the  owner  of  any  premises  the 
Chairperson may by notice in writing require the occupier of the premises to state the name and address 
of the owner thereof. 

(5) Where the person on whom a document is to be served is a minor, the service upon his guardian or 

any adult member of his family shall be deemed to be service upon the minor. 

(6) Nothing in sections 351 and 352 and in this section shall apply to any summons issued under this 

Act by a court. 

(7) A servant is not a member of the family within the meaning of this section. 

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 expenses 

356. Liability  of  occupier  to  pay  in  default  of  owner.—(1) If  any  notice,  order  or  requisition  has 
been issued to any person in respect of property of which he is the owner, the authority or the officer at 
whose  instance  such  notice,  order  or  requisition  has  been  issued,  may  require  the  occupier  of  such 
property or of any part thereof to pay to him, instead of to the owner, any rent payable by him in respect 
of such property, as it falls due upto the amount recoverable from the owner under section 355: 

Provided that if the occupier refuses to disclose the correct amount of the rent payable by him or the 
name or address of the person to whom it is payable, the officer may recover from the occupier the whole 
amount recoverable under section 355 as an arrear of tax under this Act. 

(2) Any amount recovered from an occupier instead of from an owner under sub-section (1), shall, in 
the absence of any contract between the owner and the occupier to the contrary, be deemed to have been 
paid to the 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.—(1) Where  any  person,  by  reason  of  his  receiving  rent  of 
immovable  property  as  a  receiver,  agent  or  trustee,  or  of  his  being  as  a  receiver,  agent  or  trustee  the 

106 

 
person  who  would  receive  the  rent  if  the  property  were  let  to  a  tenant,  would  under  this  Act,  or  any       
bye-law made thereunder, be bound to discharge any obligation imposed on the owner of the property for 
the discharge of which money is required, he shall not be bound to discharge the obligation unless he has, 
or  but  for  his  own  improper  act  or  default  might  have  had  funds  in  his  hands  belonging  to  the  owner 
sufficient for the purpose. 

(2) The burden of proving any fact entitling a receiver, agent or trustee to relief under sub-section (1) 

shall lie upon him. 

(3) Where  any  receiver,  agent  or  trustee  has  claimed  and  established  his  right  to  relief  under  this 
section, the Chairperson may, by notice in writing require him, to apply to the discharge of his obligation 
as aforesaid the first moneys which may come to his hands on behalf, or for the use, of the owner and on 
failure to comply with the notice, he shall be deemed to be personally liable to discharge the obligation. 

Payment of compensation 

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.—(1) Any  person  who 
has been convicted of an offence against this Act or any bye-law made thereunder shall, notwithstanding 
any  punishment  to  which  he  may  have  been  sentenced  for  the  said  offence,  be  liable  to  pay  such 
compensation  for  any  damage  to  the  property  of  the  Council  resulting  from  the  said  offence  as  the 
Chairperson may consider reasonable. 

(2) In  the  event  of  a  dispute  regarding  the  amount  of  compensation  payable  under  sub-section  (1) 
such amount shall, on application made to him, be determined by the magistrate before whom the said 
person  was  convicted  of  the  said  offence;  and  on  non-payment  of  the  amount  of  compensation  so 
determined the same shall be recovered under a warrant issued by the said magistrate as if it were a fine 
imposed by him on the person liable therefor. 

Recovery of expenses or compensation in case of dispute 

361. Reference  to  the  court  of  the  district  judge  in  certain  cases.—(1) If,  when  the  Chairperson 
demands payment of any expenses referred to in section 355, his right to demand the same or the amount 
of  the  demand  is  disputed  within  ten  days  after  such  demand,  the  Chairperson  shall  refer  the  case  for 
determination— 

(a) to the Appellate Tribunal, if such demand relates to the expenses incurred in taking necessary 
action or steps for the completion of any act or work required to be done or executed in the event of 
non-compliance with any notice, order or requisition under sections 221, 229, 247, 248 and 249; 

(b) to the court of the district judge of Delhi, in any other case. 

(2) The Chairperson shall, pending the decision on any such reference, defer further proceedings for 
the  recovery  of  the  sum  claimed  by  him,  and  shall,  after  the  decision,  proceed  to  recover  only  such 
amount, if any, as is thereby declared to be due in the manner referred to in section 355. 

362. Application  to  the  court  of  the  district  judge  in  other  cases.—(1) Where,  in  any  case  not 
provided for by section 361, the Council or the Chairperson or any officer or other employee is required 
by this Act or by any bye-law made thereunder to pay any expenses or any compensation, the amount to 
be so paid and if necessary, the apportionment of the same, shall, in case of dispute, be determined by the 
court of the district judge of Delhi on an application having been made to it for this purpose at any time 
within one year from the date when such expenses or compensation first became claimable. 

(2) If the amount of any expenses or compensation ascertained in accordance with sub-section (1) is 
not paid by the person liable therefor on demand, it shall be recoverable as if the same were due under a 
decree passed by the court of the district judge in an original suit tried by it. 

107 

 
(3) Instead of proceeding in the manner aforesaid for the recovery of any expenses or compensation 
of which the amount due has been ascertained as hereinbefore provided, or after such proceedings have 
been taken unsuccessfully or with only partial success, the sum due or the balance of the sum due, as the 
case  may  be,  may  be  recovered  by  a  suit  brought  against  the  person  liable  for  same  in  any  court  of 
competent jurisdiction. 

Recovery of certain dues 

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 sum 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 occupier 

364. Right  of  owner  to  apply  to  the  court  of  the  district  judge  in  case  of  obstruction  by 
occupier.—(1) The owner of any land or building may, if he is prevented by the occupier thereof from 
complying with— 

(a) the  provisions  of  section  221,  section  229,  section  247,  section  248,  section  249,  or          

section  252,  or  any  bye-law  made  thereunder  or  with  any  notice  or  order  issued  under  any  such 
provision apply to the Appellate Tribunal; and 

(b) any other provision or any bye-law made thereunder or with any notice, order or requisition 
issued  under  such  provision,  apply  to  the  court  of  the  district  judge  of  Delhi  and  where  such 
application  is  made  within  any  time  that  may  be  fixed  for  the  compliance  with  such  provision  or 
notice, order or requisition the owner shall not be liable for his failure to comply with the provision, 
or notice, order or requisition within the time so fixed. 

(2) The Appellate Tribunal or the court, as the case may be, on receipt of such application, may make 
a  written  order  requiring  the  occupier  of  the  land  or  building  to  afford  all  reasonable  facilities  to  the 
owner for complying with the said provision or notice, order or requisition and may also, if it thinks fit 
direct that the costs of such application and order be paid by the occupier. 

(3) After eight days from the date of the order referred to in sub-section (2), the occupier shall afford 
all such reasonable facilities to the owner for the purpose aforesaid as may be specified in the order; and 
in the event  of  his continued  refusal  to  do so, the  owner  shall  be  discharged  during  the  continuance  of 
such  refusal,  from  any  liability  which  may  have  been  otherwise  incurred  by  reason  of  his  failure  to 
comply with the said provision or notice, order or requisition. 

Proceedings before the court of the district judge 

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.—(1) The  Government  may,  by 

notification in the Official Gazette, prescribe what fee shall be paid— 

(a) on any application, appeal or reference under this Act or any bye-law made thereunder to the 

court of the district judge of Delhi; and 

(b) for the issue, in connection with any inquiry or proceedings before that court under this Act or 

such bye-law, of any summons or other process: 

Provided that the fee, if any, prescribed under clause (a) shall not, in cases in which the value of the 
claim or subject matter is capable of being estimated in money, exceed the fees leviable for the time being 
under the provisions of the Court-fees Act, 1870 (7 of 1870), in cases in which the amount of the claim or 
subject matter is of a like amount. 

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(2) The  Government  may,  by  like  notification,  determine  the  person  by  whom  the  fee,  if  any, 

prescribed under clause (a) of sub-section (1), shall be payable. 

(3) No application, appeal or reference shall be received by the court of the district judge until the fee, 

if any, prescribed therefor under clause (a) of sub-section (1) has been paid: 

Provided that the court may, in any case in which it thinks fit so to do,— 

(i) receive an application, appeal or reference made by or on behalf of a poor person, and 

(ii) issue process on behalf of any such person, 

without payment or on part payment of the fees prescribed under this section. 

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— 

(a) delegate,  either  generally  or  specially,  to  the  court  of  an  additional  district  judge,  power  to 
receive applications, appeals and references under this Act or any rule, regulation or  bye-law made 
thereunder, and to hear and determine such applications, appeals and references; 

(b) with the approval of the Government, make rules not inconsistent with this Act or any rule, 
regulation or bye-law made thereunder, providing for any matter connected with the exercise of the 
jurisdiction conferred upon the court by this Act which is not herein specifically provided for. 

Offences and penalties 

369. Punishment for certain offences.—(1) Whoever— 

(a) contravenes  any  provision  of  any  of  the  sections,  sub-sections,  clauses,  provisos  or  other 

provisions of this Act mentioned in the first column of the Table in the Tenth Schedule; or 

(b) fails to comply with any order or direction lawfully given to him or any requisition lawfully 

made upon him under any of the said sections, sub-sections, clauses, provisos or other provisions, 

shall be punishable— 

(i) with fine which may extend to the amount or with imprisonment for a term which may extend 

to the period, specified in that behalf in third column of the said Table or with both; and 

(ii) in the case of a continuing contravention or failure, with an additional fine which may extend 
to  the  amount  specified  in  the  fourth  column  of  that  Table  for  every  day  during  which  such 
contravention or failure continues after conviction for the first such contravention or failure. 

(2) Notwithstanding  anything  contained  in  sub-section  (1),  whoever  contravenes  the  provisions  of 
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, shall be 
punishable with simple imprisonment which may extend to six months or with fine which may extend to 
five thousand rupees or with both. 

(3) Any  member,  referred  to  in  clauses  (b)  and  (d)  of  sub-section  (1)  of  section  4,  who  knowingly 
acquires, directly or indirectly, any share or interest in any contract made with, or any work done for the 
Council,  shall  be  deemed  to  have  committed  offence  made  punishable  under  section  168  of  the  Indian 
Penal Code (45 of 1860). 

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. 

109 

 
371. Offences  by  companies.—(1) Where  an  offence  under  this  Act  has  been  committed  by  a 
company,  every  person  who,  at  the  time  the  offence  was  committed,  was  in  charge  of,  and  was 
responsible to, the company for the conduct of the business of the company, as well as the company, shall 
be  deemed  to  be  guilty  of  the  offence  and  shall  be  liable  to  be  proceeded  against  and  punished 
accordingly: 

Provided  that  nothing  contained  in  this  sub-section  shall  render  any  such  person  liable  to  any 
punishment provided in this Act if he proves that the offence has been committed without his knowledge 
or that he exercised all due diligence to prevent the commission of such offence. 

(2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been 
committed  by  a  company  and  it  is  proved  that  the  offence  has  been  committed  with  the  consent  or 
connivance  of  or  is  attributable  to any  neglect  on the  part  of,  any  director,  manager,  secretary  or  other 
officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty 
of that offence and shall be liable to be proceeded against and punished accordingly. 

Explanation.—For the purposes of this section,— 

(a) “company” means a body corporate, and includes a firm or other association of individuals; 

and 

(b) “director” in relation to a firm means a partner in the firm. 

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— 

(1) matters referred to in section 42 of that Code, and 

(2) arrest of a person, except on the complaint of, or upon information received from, such 
officer  of  the  Council,  not  being  below  the  rank  of  a  Secretary  as  may  be  appointed  by  the 
Chairperson: 

Provided  that  no  offence  of  the  contravention  of  any  condition  subject  to  which  sanction  was 
accorded  for  the  erection  of  any  building  or  the  execution  of  any  work  shall  be  cognizable,  if  such 
contravention  relates  to  any  deviation  from  any  plan  of  such  erection  or  execution  sanctioned  by  the 
Chairperson which is compoundable on payment of any amount under the bye-laws relating to buildings 
made under this Act. 

373. Prosecutions.—Save as otherwise provided in this Act, no court shall proceed to the trial of any 

offence,— 

(a) 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 except on 
the complaint of or upon information received from, such officer of the Council, not being below the 
rank of a Secretary as may be appointed by the Chairperson. 

(b) 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, if any such offence was committed in 
relation  to  any  street  which  is  a  public  street,  except  on  the  complaint  of,  or  upon  information 
received  from,  such  officer  of  the  Council,  not  being  below  the  rank  of  a  Secretary  as  may  be 
appointed by the Chairperson; 

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(c) other  than  those  specified  in  clauses  (a)  and  (b)  except  on  the  complaint  of,  or  upon 
information  received  from  the  Chairperson  or  a  person  authorised  by  him  by  a  general  or  special 
order in this behalf. 

374. Composition of offences.—(1) The Chairperson or any person authorised by him by general or 
special order in this behalf may, either before or after the institution of the proceedings, compound any 
offence made punishable by or under this Act: 

Provided  that  no  offence  shall  be  compoundable  which  is  committed  by  failure  to  comply  with  a 
notice, order or requisition issued by or on behalf of the Council or of the Chairperson unless and until the 
same has been complied with so far as the compliance is possible. 

(2) Where an offence has been compounded, the offender, if in custody shall be discharged, and no 

further proceedings shall be taken against him in respect to the offence so compounded.  

Magistrates and proceedings before magistrates 

375. Municipal  magistrates.—(1) The  Government  may  appoint  one  or  more  metropolitan 
magistrates  for  the  trial  of  offences  against  this  Act  and  against  any  rule,  regulation  or  bye-law  made 
thereunder and may prescribe the time and place at which such magistrate or magistrates shall sit for the 
despatch of business. 

(2) Such  magistrates  shall be  called  municipal  magistrates  and  shall  besides the  trial  of  offences as 
aforesaid, exercise all other powers and discharge all other functions of a magistrate as provided in this 
Act or any rule, regulation of bye-law made thereunder. 

(3) Such magistrates and the members of their staff shall be paid such salary, pension, leave and other 

allowances as may, from to time, be fixed by the Government. 

(4) The Council shall, out of the New Delhi Municipal Fund, pay to the Government the amounts of 
the  salary,  pension,  leave  and  other  allowances  as  fixed  under  sub-section  (3)  together  with  all  other 
incidental charges in connection with the establishments of the said magistrates. 

(5) Each such magistrate shall have jurisdiction over the whole of New Delhi. 

(6) For the purpose of the Code of Criminal Procedure, 1973 (2 of 1974), all municipal magistrates 

appointed under this Act shall be deemed to be magistrates appointed under section 16 of the said Code. 

(7) Nothing  in  this  section  shall  be  deemed  to  preclude  any  magistrate  appointed  hereunder  from 

trying any offence under any other law. 

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.—No person shall be liable to punishment for any offence 
against this Act or any rule, regulation or bye-law made thereunder, unless complaint of such offence is 
made before a municipal magistrate within six months next after— 

(a) the date of the commission of the offence; or 

(b) the date on which the commission or existence of such offence was first brought to the notice 

of the complainant. 

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— 

(a) service of the summons is proved to his satisfaction, and 

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(b) no sufficient cause is shown, for the non-appearance of such person. 

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.—
(1) Upon the receipt of any complaint under section 379, the magistrate, after making such inquiry as he 
thinks necessary, may by written order direct the person responsible for the nuisance or the owner of the 
land or building on which the nuisance has taken place, to take such measures as to such magistrate may 
seem  practicable  and  reasonable,  and  within  such  period  as  may  be  specified  in  the  order  for  abating, 
preventing, removing or remedying such nuisance and may direct the Chairperson to put into force any of 
the provisions of this Act or any bye-law made thereunder. 

(2) The  magistrate  may  further  direct  the  person  found  responsible  for  the  nuisance  to  pay  to  the 
complainant such reasonable costs of and relating to the said complaint as he shall determine, inclusive of 
compensation for the complainant‟s loss of time in prosecuting such complaint. 

(3) Where in the opinion of the magistrate immediate action to prevent the nuisance is necessary he 
may  dispense  with  the  inquiry  as  required  by  sub-section  (1)  and  make  such  order  as  he  considers 
necessary forthwith. 

(4) If the person directed to take action by an order under sub-section (1) or sub-section (2) fails to do 
so within the period specified in the order, the Chairperson may on the expiry of the said period proceed 
to  take  action  as  directed  in  the  order  or  may  take  such  other  measures  to  abate,  prevent,  remove  or 
remedy  the  nuisance  as  he  considers  necessary,  and  all  expenses  incurred  in  that  connection  shall  be 
recoverable from the person against whom the magistrate has made the order as an arrear of tax under this 
Act.  

Powers and duties of police officers 

381. Arrest of offenders.—(1) Any police officer, may arrest any person who commits in his view 

any offence against this Act or against any rule, regulation or bye-law made thereunder if— 

(a) the name and address of such person be unknown to him, and 

(b) such person on demand declines to give his name and address or gives a name and address 

which such officer has reason to believe to be false. 

(2) No person so arrested shall be detained in custody after his true name and address are ascertained 
or, without the order of the nearest magistrate for a period longer than twenty-four hours from the time of 
arrest  exclusive  of  the  time  necessary  for  the  journey  from  the  place  of  arrest  to  the  court  of  such 
magistrate. 

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 proceedings 

383. Power  to  institute,  etc.,  legal  proceedings  and  obtain  legal  advice.—(1)  The  Chairperson 

may— 

(a) take, or withdraw from, proceedings against any person who is charged with— 

(i) any offence against this Act or any rules, regulation or bye-law made thereunder; or 

(ii) any offence which affects or is likely to affect any property or interest of the Council or 

the due administration of this Act; or 

(iii) committing any nuisance whatsoever; 

(b) contest or compromise any appeal against rateable value or assessment of any tax or rate; 

112 

 
(c) take,  or  withdraw  from,  compromise  proceedings  under  sections  360,  361  and  362  for 

recovery of expenses or compensation claimed to be due to the Council; 

(d) withdraw or compromise any claim for a sum not exceeding one thousand rupees against any 

person; 

(e) defend  any  suit  or  other  legal  proceeding  brought  against  the  Council  or  against  the 
Chairperson or a municipal officer or municipal employee in respect of anything done or omitted to 
be done by any one of them in his official capacity; 

(f) with  the  approval  of  the  Council  admit  or  compromise  any  claim,  suit  or  other  legal 
proceeding brought against the Council or against the Chairperson or any officer or other employee in 
respect of anything done or omitted to be done as aforesaid; 

(g) withdraw or compromise any claim against any person in respect of a penalty payable under a 

contract entered into with such person by the Chairperson on behalf of the Council; 

(h) institute and prosecute any suit or other legal proceeding, or with the approval of the Council 
withdraw from or compromise any suit or any claim for any sum not exceeding five hundred rupees 
which has been instituted or made in the name of the Council or the Chairperson; 

(i) obtain such legal advice and assistance as he from time to time thinks necessary or expedient 
to obtain or as he may be required by the Council to obtain for any of the purposes mentioned in the 
foregoing  clauses  or  for  securing  lawful  exercise  or  discharge  of  any  power  or  duty  vesting  in  or 
imposed upon any municipal officer or other municipal employee. 

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.—(1) No suit shall be instituted against the Council or against the 
Chairperson 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, in 
respect of any act done, or purporting to have been done, in pursuance of this Act or any rule, regulation 
or bye-law made thereunder until the expiration of two months after notice in writing has been delivered 
at the municipal office and, in the case of such officer, employee or person, unless notice in writing has 
also been delivered to him at his office or place of residence, and unless such notice states explicitly the 
cause of action, the nature of the relief sought, the amount of compensation claimed, and the name and 
place of residence of the intending plaintiff, and unless the plaint contains a statement that such notice has 
been so left or delivered. 

(2) No  suit,  such  as  is  described  in  sub-section  (1),  shall  unless  it  is  a  suit  for  the  recovery  of 
immovable property or for a declaration of title thereto, be instituted after the expiry of six months from 
the date on which the cause of action arises. 

(3) Nothing in sub-section (1) shall be deemed to apply to a suit in which the only relief claimed is an 
injunction of which the object would be defeated by the giving of the notice or the postponement of the 
institution of the suit.  

CHAPTER XXI 

RULES, REGULATIONS AND BYE-LAWS 

386. Supplemental  provisions  respecting  rules.—(1) Any  rule  which  the  Central  Government  is 
empowered to make under this Act may provide that any contravention thereof shall be punishable with 
fine which may extend to one hundred rupees. 

(2) Every rule made under this Act and bye-laws made by the Central Government under section 260 
shall 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 

113 

 
aforesaid,  both  Houses agree in  making  any  modification  in  the rule  or  bye-laws  or  both  Houses  agree 
that the rule or  bye-laws, should not be made, the rule or bye-laws, 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  rule  or              
bye-laws. 

387. Supplemental provisions respecting regulations.—(1) Any regulation which may be made by 
the Council under this Act may be made by the Central Government within one year of the establishment 
of the Council; and any regulation so made may be altered or rescinded by the Council in the exercise of 
its powers under this Act. 

(2) No regulation made by the Council under this Act shall have effect until it has been approved by 

the Central Government and published in the Official Gazette. 

388. Power  to  make  bye-laws.—(1) Subject  to  the  provisions  of  this  Act,  the  Council  may,  in 
addition  to  any  bye-laws  which  it  is  empowered  to  make  by  any  other  provision  of  this  Act,  make       
bye-laws to provide for all or any of the following matters, namely:—  

A. Bye-laws relating to taxation 

(1) the  maintenance  of  tax  books  and  registers  by  the  Chairperson  and  the  particulars  which  such 

books and registers should contain; 

(2) the inspection of and the obtaining of copies and extracts from such books and registers and fees, 

if any, to be charged for the same; 

(3) the publication of rates of taxes as determined by the Council from time to time; 

(4) the requisition by the Chairperson of information and returns from persons liable to pay taxes; 

(5) the notice to be given to the Chairperson by any person who becomes the owner or possessor of a 

vehicle or animal in respect of which any tax is payable under this Act; 

(6) the wearing of badge by the driver of any such vehicle and the display of number plate on such 

vehicle; 

(7) the submission of returns by persons liable to pay any tax under this Act; 

(8) the collection by the registrar or sub-registrar of Delhi appointed under the Registration Act, 1908 
(16 of 1908) of the additional stamp duty payable to the Council under this Act, the periodical payment of 
such duty to the  Council and the maintenance by such registrar or sub-registrar of separate accounts in 
relation thereto; 

(9) any  other  matter relating  to  the levy,  assessment, collection,  refund or remission  of  taxes  under 

this Act.  

B. Bye-laws relating to water supply, drainage and sewage collection 

(1) the power of the Chairperson to close water works for the supply of water, whether for domestic 

purposes or not, or for gratuitous use and to prohibit the sale and use of water for purpose of business; 

(2) the connection of supply pipes for conveying to any premises a supply of water from a municipal 

water works; 

(3) the making and renewing connections with municipal water works; 

(4) the power of the Chairperson to take charge of private connections; 

(5) the power of the Chairperson to alter the position of connections; 

(6) the equitable distribution of water supplied to occupiers; 

(7) the  size,  material,  quality,  description  and  position  of  the  pipes  and  fittings  to  be  used  for  the 
purpose of any connection with or any communication from any municipal water works and the stamping 
of pipes and fittings and fees for such stamping; 

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(8) the  size,  material,  quality  and  description  of  pipes,  cisterns  and  fittings  which  are  found  on  an 

examination under the provisions of this Act to be so defective that they cannot be effectively repaired; 

(9) the provision and maintenance of meters when water is supplied by measurement; 

(10) the  prohibition  of  fraudulent  and  unauthorised  use  of  water  and  the  prohibition  of  fraud  in 

connection with meters; 

(11) the maintenance of pipes; cisterns and other water works; 

(12) the  regulation  or  prohibition  of  the  discharge  or  deposit  of  offensive  or  obstructive  matter, 

polluted water or other polluted and obnoxious matter into sewers; 

(13) the  regulation  in  any  manner  not  specifically  provided  for  in  this  Act  of  the  construction, 
alteration,  maintenance,  preservation,  cleaning  and  repairs  of  drains,  ventilation  shafts,  pipes,  latrines, 
urinals, cesspools and other drainage works; 

(14) the cleansing of drains; 

(15) the prohibition of erection of buildings over drains without the permission of the Chairperson; 

(16) the connection of private drains with municipal drains; 

(17) the location and construction of cesspools; 

(18) the covering and ventilation of cesspools; 

(19) the period or periods of the day during which trade effluent may be discharged from any trade 

premises into municipal drains; 

(20) the exclusion from trade effluent of all condensing water; 

(21) the elimination from trade effluent, before it enters a municipal drain, of any constituent which in 
the opinion of the Council would either alone or in combination with any matter with which it is likely to 
come  into  contact  while  passing  through  municipal  drains  injure  or  obstruct  those  drains  or  make 
specially difficult or expensive the treatment or disposal of the sewage from those drains; 

(22) the  maximum  quantity  of  trade  effluent  which  may  without  any  consent  or  permission,  be 
discharged from any trade premises into municipal drains on any one day and the highest rate at which 
trade  effluent  may,  without  such  consent  or  permission,  be  discharged  from  any  trade  premises  into 
municipal drains; 

(23) the  regulation  of  the  temperature  of  trade  effluent  at  the  time  of  its  discharge  into  municipal 
drains and the securing of the neutrality of trade effluent (that is to say, that it is neither acid nor alkaline) 
at the time of such discharge; 

(24) the charges to be paid to the Council by occupiers of trade premises for the reception of trade 

effluent into municipal drains and disposal thereof; 

(25) the  provision  and  maintenance  of  such  an  inspection  chamber  or  mainhole  as  will  enable  a 

person readily to take at any time samples of what is passing into municipal drains from trade premises; 

(26) the provision and maintenance of such meters as may be required to measure the volume of any 
trade  effluent  being  discharged  from  any  trade  premises  into  municipal  drains  and  the  testing  of  such 
meters. 

C. Bye-laws relating to electric supply 

(1) all matters relating to the conduct and management in respect of electricity supply; 

(2) the provisions for electric sub-stations in New Delhi.  

D. Bye-laws relating to streets 

(1) the closure of streets when any work is in progress and alternative passage during the progress 

of such work; 

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(2) the erections of a temporary nature during festivals; 

(3) the setting up of hoards on buildings adjacent to streets during their construction or repair; 

(4) the precautions to be taken when permission is granted to any private individual for opening 
or breaking up any public street and the fees to be paid for the restoration of a street in its original 
condition; 

(5) the  permission,  regulation  or  prohibition  or  use  or  occupation  of  any  street  or  place  by  it, 
itinerant vendors or hawkers or by any person for the sale of articles or the exercise of any calling or 
the setting up of any booth or stall and the fees chargeable for such occupation; 

(6) any other matter in connection with the construction, repair, maintenance, naming, numbering 

and lighting of streets for which provision is necessary or should be made.  

E. Bye-laws relating to sanitation and public health 

(1) the position of latrines and urinals; 

(2) the provision of air spaces between latrines and buildings or places used for various purposes; 

(3) the white-washing of buildings; 

(4) the regulation or prohibition of the stabling or herding of animals or any class of animals so as 

to prevent danger to public health; 

(5) the seizure of ownerless animals straying within the limits of New Delhi and the regulation 

and control of pounds; 

(6) the fixing and regulation of the use of public bathing and washing places; 

(7) the prevention of the spread of dangerous disease; 

(8) the segregation in or the removal or exclusion from any part of New Delhi or the destruction 
of  animals  suffering  or  reasonably  suspected  to  be  suffering  from  any  infectious  or  contagious 
disease; 

(9) the  supervision,  regulation,  conservation  and  protection  from  injury,  contamination  or 

trespass, of sources and means of public water supply and of appliances for the distribution of water; 

(10) the enforcement of compulsory vaccination and inoculation; 

(11) the proper disposal of corpses, the regulation and management of burning and burial places 
and other places for the disposal of corpses and the fees chargeable for the use of such places where 
the same are provided or maintained at the expense of the New Delhi Municipal Fund; 

(12) the provision of living accommodation for sweepers in buildings newly erected requiring ten 

or more latrines.  

F. Bye-laws relating to vital statistics 

(1) the prescribing of qualifications of persons to be appointed as chief registrar, additional chief 

registrar and registrar under Chapter XVI; 

(2) the registration of births and deaths and marriages and taking of a census. 

G. Bye-laws relating to public safety and suppression of nuisances 

The  regulation  or  prohibition  for  the  purpose  of  sanitation  or  the  prevention  of  disease  or  the 
promotion  of  public  safety  or  convenience,  of  any  act  which  occasions  or  is  likely  to  occasion  a 
nuisance and for the regulation or prohibition of which no provision is made elsewhere by this Act. 

H. Bye-laws relating to markets, slaughter houses, trades and occupations 

(1) the days on, and hours during which any market or slaughter house may be kept open for use; 

(2) the  regulation  of  the  design,  ventilation  and  drainage  of  markets  and  slaughter  house  the 

materials to be used in the construction thereof; 

116 

 
(3) the  keeping  of  markets  and  the  slaughter  house  and  the  lands  and  buildings  appertaining 
thereto  in  a  clean  and  sanitary  condition,  the  removal  of  filth,  rubbish  and  other  polluted  and 
obnoxious  matter  therefrom  and  the  supply  therein  of  pure  water  and  of  a  sufficient  number  of 
latrines and urinals for the use of persons using or frequenting the same; 

(4) the provision of passages of sufficient width between the stalls in market buildings and market 

places for the convenient use of the public and the prevention of encroachment of such passages; 

(5) the  setting  apart  of  separate  areas  for  different  classes  of  article  in  market  buildings  and 

market places; 

(6) the proper custody and care of animals for the keeping of which licences are granted under 

section 327; 

(7) the regulation of the import of animals and flesh within New Delhi; 

(8) the  rendering  necessary  of  licences  for  the  use  of  premises  within  New  Delhi  as  stables  or 
cow-houses  or  as  an  accommodation  for  sheep,  goat  or  buffalo  and  the  fees  payable,  for    such 
licences  and  the  conditions  subject  to  which  such  licences  may  be  granted,  refused,  suspended  or 
revoked; 

(9) the  regulation  of  sarais,  hotels,  hostels,  guest  houses,  dak  bungalows,  lodging  houses, 
boarding  houses,  buildings,  let-in-tenements,  residential  clubs,  restaurants,  eating  houses,  cafes, 
refreshment rooms and places of public recreation, entertainment or resort; 

(10) the control and supervision of places where dangerous or offensive trades are carried on so 
as  to  secure  cleanliness  therein  or  to  minimise  injurious,  offensive  or  dangerous  effects  arising  or 
likely to arise therefrom; 

(11) the regulation of the posting of bills and advertisements and of the position, size, shade or 

style of the name boards, sign boards, hoarding and sign-posts; 

(12) the  fixation  of  a  method  for  the  sale  of  articles  whether  by  measure,  weight,  piece  or  any 

other method; 

(13) the  procedure  regarding  the  grant  of  permit  to  establish  a  factory,  workshop  or  trade 

premises; 

(14) the regulation of smoke in factories, workshops and trade premises; 

(15) the regulation of sanitary conditions in factories, workshops, and trade premises; 

(16) the  regulation  of  the  use  in  any  factory,  workshop  or  trade  premises  of  whistle,  trumpet, 

siren, or horn worked by steam, compressed air, electricity or other mechanical means; 

(17) the prevention of nuisance in any market building, market place, or any factory, workshop or 

trade premises. 

I. Bye-laws relating to improvement 

(1) the form and content of an improvement scheme or a rehousing scheme; 

(2) the  procedure  to  be  followed  in  connection  with  the  framing,  submission,  approval  and 

sanction of such schemes; 

(3) the local enquiries and other hearings that may be held before a scheme is framed, approved 

or sanctioned; 

(4) the alteration of an improvement scheme or a rehousing scheme after approval and sanction.  

J. Bye-laws relating to miscellaneous matters 

(1) the  circumstances  and  the  manner  in  which  owners  of  land  or  building  in  New  Delhi 
temporarily absent therefrom or not resident therein may be required to appoint as their agents for all 
or any of the purposes of this Act or of any bye-laws made thereunder, persons residing within or near 
New Delhi; 

(2) the maintenance of schools and the furtherance of education generally; 

(3) the regulation and control of municipal dispensaries; 

117 

 
(4) the rendering necessary of licences— 

(a) for  the  proprietors  or  drivers  of  hackney-carriages;  cycle-rickshaws,  thelas  and  rehries 

kept or plying for hire or used for hawking articles; 

(b) for persons working as job-porters for the conveyance of goods; 

(5) the classification of cinema theatres for the purpose of the Third Schedule; 

(6) any other matter which is to be or may be prescribed by bye-laws made under this Act or in 
respect of which this Act makes no provisions or makes insufficient provision and provision is, in the 
opinion of the Council necessary for the efficient municipal government of New Delhi. 

(2) Any bye-law which may be made under sub-section (1) may be made by the Central Government 
within one year of the establishment of the Council, and any bye-law so made may be altered or rescinded 
by the Council in exercise of its powers under sub-section (1). 

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.—(1) Any bye-law made under this Act may provide that a 

contravention thereof shall be punishable— 

(a) with fine which may extend to five hundred rupees; and 

(b) with  fine  which  may  extend  to  five  hundred  rupees  and  in  the  case  of  a  continuing 
contravention, with an additional fine which may extend to twenty rupees for every day during which 
such contravention continues after conviction for the first such contravention; 

(c) with fine  which  may  extend to twenty  rupees for  every  day  during  which  the  contravention 
continues, after the receipt of a notice from the Chairperson or any municipal officer duly authorised 
in  that  behalf,  by  the  person  contravening  the  bye-law  requiring  such  person  to  discontinue  such 
contravention: 

Provided  that  a  contravention  of  any  bye-law  relating  to  the  road  transport  services  may  be 
punishable with imprisonment which may extend to three months, or with fine which may extend to 
fifteen hundred rupees, or with both. 

(2) Any  such  bye-law  may  also  provide  that  a  person  contravening  the  same  shall  be  required  to 

remedy so far as lies in his power, the mischief, if any, caused by such contravention. 

391. Supplemental  provisions  respecting  bye-laws.—(1) Any  power  to  make  bye-laws  conferred 
by this Act is conferred subject to the condition of the bye-laws being made after previous publication and 
in the case of such  bye-laws being  made by the Council of their not taking effect until they have been 
approved by the Government and published in the Official Gazette. 

(2) The Government in approving a bye-law may make any change therein which appears to it to be 

necessary. 

(3) The Government may, after previous publication of its intention, cancel any bye-law which it has 

approved, and thereupon the bye-law shall cease to have effect. 

392. Bye-laws  to  be  available  for  inspection  and  purchase.—(1) A  copy  of  all  bye-laws  made 
under this Act shall be kept at the municipal office and shall, during office hours, be open free of charge 
to inspection by any inhabitant of New Delhi. 

(2) Copies of all such bye-laws shall be kept at the municipal office and shall be sold to the public at 

cost price either singly or in collections at the option of the purchaser.  

118 

 
CHAPTER XXII 

CONTROL 

393. Government to require production of documents.—The Central Government may at any time 

require the Chairperson— 

(a) to produce any record, correspondence, plan or other document in his possession or under his 

control; 

(b) to  furnish  any  return,  plan,  estimate,  statement,  account  or  statistics  relating  to  the 

proceedings, duties or works of the Council; 

(c) to furnish or obtain and furnish any report. 

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,— 

(a) that any duty imposed on the Council by or under this Act has not been performed or has been 

performed in an imperfect, insufficient or unsuitable manner; or 

(b) that adequate financial provision has not been made for the performance of any such duty, 

it may direct the Council within such period as it thinks fit, to make arrangements to its satisfaction for 
the proper performance of the duty, or as the case may be, to make financial provision, to its satisfaction 
for the performance of the duty and the Council shall comply with such direction: 

Provided that unless in the opinion of the Central Government the immediate execution of such order 
is necessary, it shall before making any direction under this section give the Council an opportunity of 
showing cause why such direction should not be made. 

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.—
(1) The Central Government may give the Council all such directions as it considers necessary in respect 
of  subjects,  curricula,  text  books,  standards  and  methods  of  teaching  in  primary  schools  vested  in  the 
Council  or  maintained  wholly  or  partly  by  grants  paid  out  of  the  New  Delhi  Municipal  Fund  and  in 
respect of such other matters as that Government considers necessary and the Council shall comply with 
all such directions. 

(2) It shall be lawful for any officer appointed by the Central Government in this behalf to inspect any 

such school; and all reasonable facilities shall be given to such officer in connection with the inspection. 

(3) The  Central  Government,  after  considering  the  report  of  inspection  made  by  such  officer,  may 
give  the  Council  such  directions  as  it  considers  necessary  and  the  Council  shall  comply  with  such 
directions. 

398. Dissolution  of  the  Council.—(1) If,  in  the  opinion  of the  Central  Government,  the  Council is 

not competent to perform, or persistently makes default— 

(a) in  the  performance  of,  the  duties  imposed  on  it  by  or  under  this  Act  or  any  other  law,  or 

exceeds or abuses its power; or 

(b) fails  to  deliver  efficient  service  to  the  public  and  generally  in  regard  to  the  municipal 

administration; or 

119 

 
(c) to  comply  with  the  directions  given  to  the  Council  by  the  Central  Government  in  regard  to 

matters relating to clauses (a) and (b),  

the Central Government may by an order published, together with a statement of the reasons therefor, in 
the Official Gazette, dissolve the Council: 

Provided that the Council shall be given reasonable opportunity of being heard before its dissolution. 

(2) When the Council is dissolved by an order under sub-section (1)— 

(a) all members shall, on the date of dissolution, vacate their offices as such members; 

(b) during the period of dissolution of the Council, all powers and duties conferred and imposed 
upon  the  Council  by  or  under this  Act  or any  other law,  shall be  exercised  and  performed  by  such 
officer or authority as the Central Government may appoint in that behalf; and 

(c) all  property  vested  in  the  Council  shall,  until  it  is  reconstituted,  vest  in  the  Central 

Government. 

(3) An order of dissolution made under this section together with a statement of the reasons therefor 
shall  be  laid  before  each  House  of  Parliament  and  the  Legislative  Assembly  of  the  National  Capital 
Territory of Delhi as soon as may be, after it has been made.  

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 

120 

 
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.—(1) Every  member,  Chairperson,  and  every  municipal  officer  and  other  municipal 
employee shall be liable for the loss, waste, or misapplication of any money or other property owned by 
or vested in the Council, if such loss, waste or misapplication is a direct consequence of his neglect or 
misconduct and a suit for compensation may be instituted against him by the Council with the previous 
sanction of the Central Government or by the Government. 

(2) Every such suit shall be instituted within three years after the date on which the cause of action 

arose. 

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 (45 of 1860), 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.—(1) As  soon  as  may  be  after  the  first  day  of  April  in  every 
year and not later than such date as may be fixed by the Central Government in this behalf, the Council 
shall submit to that Government a detailed report of the municipal government of New Delhi during the 
preceding year in such form as that Government may direct. 

(2) The Chairperson shall prepare such report and the Council shall consider it and forward the same 

to the Central Government with its resolution thereon, if any. 

(3) Copies of the report shall be kept for sale at the municipal office. 

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.—(1) As  from  the  date  of  the  establishment  of  the  Council,  the  Punjab 
Municipal Act, 1911 (Punjab Act 3 of 1911), as applicable to New Delhi, shall cease to have effect within 
New Delhi. 

121 

 
(2) Notwithstanding the provisions of sub-section (1) of this section,— 

(a) any  appointment,  notification,  order,  scheme,  rule,  form,  notice  or  bye-law  made  or  issued, 
and any licence or permission granted under the Act referred to in sub-section (1) of this section and 
in force immediately before the establishment of the Council, shall, in so far as it is not inconsistent 
with the provisions of this Act continue in force and be deemed to have been made, issued or granted, 
under the provisions of this Act, unless and until it is superseded by any appointment, notification, 
order,  scheme,  rule,  form,  notice  or  bye-law  made  or  issued  or  any  licence  or  permission  granted 
under the said provisions; 

(b) all  debts,  obligations  and  liabilities  incurred,  all  contracts  entered  into  and  all  matters  and 
things  engaged  to  be  done  by,  with  or  for  the  New  Delhi  Municipal  Committee  before  the 
establishment  of  the  Council  shall  be  deemed  to  have  been  incurred, entered  into  or  engaged  to  be 
done by, with or for the Council under this Act; 

(c) all  budget  estimates,  assessments,  valuations,  measurements  or  divisions  made  by  the  New 
Delhi Municipal Committee shall in so far as they are not inconsistent with the provisions of this Act, 
continue in force and be deemed to have been made under the provisions of this Act unless and until 
they are superseded by any budget estimate, assessment, valuation, measurement or division made by 
the Council under the said provisions; 

(d) all properties, movable and immovable and all interests of whatsoever nature and kind therein, 
vested in the New Delhi Municipal Committee immediately before the establishment of  the Council 
shall  with  all  rights  of  whatsoever  description,  use,  enjoyed  or  possessed  by  New  Delhi  Municipal 
Committee vest in the Council; 

(e) all  rates,  taxes,  fees,  rents  and  other  sums  of  money  due  to  the  New  Delhi  Municipal 
Committee  immediately  before  the  establishment  of  the  Council  shall  be  deemed  to  be  due  to  the 
Council; 

(f) all rates, taxes, fees, rents, fares and other charges shall, until and unless they are varied by the 
Council  continue  to  be  levied  at  the  same  rate  at  which  they  were  being  levied  by  the  New  Delhi 
Municipal Committee immediately before the commencement of this Act; 

(g) all  suits,  prosecutions  and  other  legal  proceedings  instituted  or  which  might  have  been 
instituted  by  or  against  the  New  Delhi  Municipal  Committee  may  be  continued  or  instituted  by  or 
against the Council. 

417. Expenditure  in  connection  with  the  Council  from  the  commencement  of  this  Act  to  the 
adoption of the budget by the Council.—(1) Any expenditure incurred during the period between the 
commencement of this Act and establishment of the Council under any of the provisions of this Act shall 
be  borne  by  the  Central  Government  and  the  amount  of  the  expenditure  so  incurred  shall  on  such 
establishment be recoverable by that Government from out of the New Delhi Municipal Fund. 

(2) If in respect of the period between the establishment of the Council and the adoption of the first 
budget by the Council further expenditure from the New Delhi Municipal Fund becomes necessary over 
and above the expenditure thereto authorised for that year by the sanctioned budget estimate, the Council 
shall adopt a supplementary statement showing the estimated amount of that expenditure. 

(3) Every item of expenditure shown in the supplementary statements adopted by the Council shall be 

deemed to be expenditure covered by a current budget-grant within the meaning of section 47. 

(4) The supplementary statement shall be prepared, presented, and adopted in such manner and shall 

provide for such matter as may be determined by the Council. 

418. Transitory  provision.—Notwithstanding  anything  contained 

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. 

this  Act, 

in 

419. Repeal  of  Ordinance  8  of  1994.—(1) The  New  Delhi  Municipal  Council  Ordinance,  1994 

(Ordinance 8 of 1994), is hereby repealed. 

(2) Notwithstanding such repeal anything done or any action taken under the said Ordinance shall be 

deemed to have been done or taken under the corresponding provision of this Act. 

122 

 
 
THE FIRST SCHEDULE 

[See section 2(27)] 

BOUNDARIES OF NEW DELHI 

The area bounded by— 

The  junction  of  the  Pusa  Road  and  Upper  Ridge  Road  towards  east  along  the  New  Link  Road,  the 
Panchkuian Road upto its junction with the Old Gurgaon Road; thence towards north-east along the Old 
Gurgaon  Road  and  Chelmsford  Road;  upto  the  New  Delhi  Railway  Station;  thence  towards  south  and 
south east along the railway line upto its junction with the Harding Bridge; thence towards south along 
the Mathura Road upto its junction with Lodi Road; thence towards south along the Lodi Road upto its 
junction with the first road leading to Lodi Colony; thence towards south along the first road leading to 
Lodi Colony upto its junction with the Ring Railway; thence towards west along the railway line upto its 
junction with Qutab Road; thence towards south along the Qutab Road upto to its junction with Kaushak 
Nulla;  thence  towards  east  along  the  Kaushak  Nulla  up  to  its  junction  with  the  Boundary  of  the 
Corporation; thence towards south and thence towards west along the boundary of the Corporation and 
along  the  south  boundary  of  the  Medical  Enclave  upto  its  junction  with  the  Ring  Road  near  Gwalior 
Potteries; thence towards  north-west along the  Ring Road  upto its junction  with  Kitchner  Road, thence 
towards north along the Upper Ridge Road up to the starting point. 

___________ 
THE SECOND SCHEDULE 
(See section 82) 
RATES OF TAXES LEVIABLE ON VEHICLES AND ANIMALS 

Maximum amount of tax per annum 
for vehicles without 
pneumatic tyres. 

for vehicles 
with pneumatic 
tyres. 
Rs. 

Rs. 

24 
48 

16 
24 
12 

12 
32 

8 
16 
8 

Maximum amount of tax per annum 
6 
3 
10 
20 
10 
8 
6 
4 
5 
50 
30 

1.  Each  fourwheeled  vehicle  drawn  by  camels, horses,  ponies, 

mules, donkeys bullocks or buffaloes— 
(a) Labour carts 
(b) Other vehicles in this class 

2.  Each  two  wheeled  vehicle  drawn  by  camels,  horses,  ponies, 

mules donkeys, bullocks or buffaloes— 
(a) Labour carts 
(b) Other vehicles in this class 

3.  Each  vehicle  drawn  or  impelled  otherwise  than  by  camels, 

horses, ponies, mules, donkeys, buffaloes or machinery. 

4.  Each cycle rickshaw 
5.  Each bicycle 
6.  Each camel 
7.  Each horse, pony or mule of a height of 12 hand or upwards 
8.  Each horse, pony or mule of a height of less than 12 hands 
9.  Each bullock or buffalo kept for draught or pack  purposes 
10.  Each donkey/ass kept for draught or pack purposes or for riding 
11.  Each pig  
12.  Each dog 
13.  Each she-buffalo kept for milking 
14.  Each cow kept for milking 

123 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
THE THIRD SCHEDULE 

(See section 86) 

THEATRE-TAX 

Type of entertainment 

1.  Class I cinema theatre  

2.  Class II cinema theatre 

Maximum amount of tax 

Rs. 10 per show. 

Rs. 7 per show. 

3.  Drama, concert, circus, variety entertainment or 

Rs. 7 per show. 

tamasha 

4.  Carnival or fete 

5.  Any other entertainment 

Rs. 10 per day. 

Rs. 7 per show or if there are no separate shows 
Rs. 7 per day. 

Explanation.—For the purposes of this Schedule Class I cinema theatres and Class II cinema theatres 
mean theatres classified respectively as Class I cinema theatres and Class II cinema theatres by bye-laws 
made in this behalf. 

______________ 

THE FOURTH SCHEDULE 

[See section 88(1)] 

TAX ON ADVERTISEMENTS OTHER THAN ADVERTISEMENTS PUBLISHED IN THE NEWSPAPERS 

Particulars 

S. 
No.  

Maximum amount of tax 
per annum 

1. 

Non-illuminated  advertisements  on  land,  building,  wall,  hoardings, 
frame post, structures, etc.:— 

(a)   For a space upto 10 sq. ft.  

(b)   For a space over 10 sq. ft.  and upto 25 sq. ft. 

(c)   For every additional 25 sq. ft. or less 

2. 

Non-illuminated advertisements carried on vehicles, drawn by bullocks, 
horses or other animal, human beings, cycle or any other device, carried 
on any vehicle or tramcar— 

(a)   For space upto 50 sq. ft. 

(b)   For every additional 50 sq. ft. or less 

3. 

Illuminated advertisement boards carried on vehicles— 

(a)   For a space upto 50 sq. ft. 

(b)   For every additional 50 sq. ft. or less 

4. 

Non-illuminated 
boardmen— 

advertisement  boards, 

carried  by 

sandwich 

(a)   For each board not exceeding 10 sq. ft. 

(b)   For each board exceeding 10 sq. ft. and upto 35 sq. ft.  

(c)   For each additional 10 sq. ft. in area or less 

124 

Rs. 

18 

30 

30 

120 

120 

240 

240 

24 

48 

24 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Particulars 

S. 
No.  

Maximum amount of tax 
per annum 

5. 

Illuminated advertisement boards, carried by sandwich boardmen— 

(a)   For each board not exceeding 10 sq. ft. 

(b)   For each board exceeding 10 sq. ft. and upto 25 sq. ft. 

(c)   For each additional 10 sq. ft. or less. 

6. 

Illuminated advertisements on land, building, wall or hoarding, frame, 
post, structures, etc.— 

(a)   For a space over 2 sq. ft. 

(b)   For a space over 2 sq. ft. and upto 5 sq. ft. 

(c)   For a space over 5 sq. ft. and upto 25 sq. ft. 

(d)   For every additional 25 sq. ft. or less. 

7. 

Advertisements exhibited on screen in cinema houses and other public 
places by means of lantern slides or similar devices— 

(a)   For a space upto 5 sq. ft. 

(b)   For a space over 5 sq. ft. and upto 25 sq. ft. 

(c)   For every additional 25 sq. ft. or less 

8. 

Non-illuminated advertisements suspended across streets— 

(a)   For a space upto 10 sq. ft. 

(b)   For a space over 10 sq. ft. and upto 25 sq. ft. 

(c)   For every additional 25 sq. ft. or less 

N.B.  The  tax  for  item  8  will  be  in  addition  to  the  space  will  be  chargeable 

according to the scale to be determined by the Chairperson. 

9. 

Non-illuminated  advertisements  hoarding  standing  blank  but  bearing 
the  name  of  the  advertiser  or  with  the  announcement  “To  be  let” 
displayed thereon— 

(a)   For a space upto 10 sq. ft. 

(b)   For a space over 10 sq. ft. and upto 25 sq. ft. 

(c)   For every additional 25 sq. ft. or less 

Rs. 

48 

96 

48 

24 

48 

60 

60 

96 

120 

120 

18 

30 

30 

9 

15 

15 

10.  Permission  to  auctioneers  to  put  up  not  more  than  two  boards  or 
reasonable  size  advertising  each  auction  sale,  other  than  those  in 
premises  where  the  auction  is  held,  one  on  a  prominent  site  in  the 
locality and one on municipal lamp post. 

200  including  the  rent 
for  exhibiting  the  board 
lamp 
on  a  municipal 
post. 

________________ 

125 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
THE FIFTH SCHEDULE 

[See section 95(1)] 

TAX ON BUILDING APPLICATIONS 

S. No.  Area 

For the first storey  For the second storey 

For a ground area up to 100 sq. yds. 

For a ground area of more than 100 sq. yds. but 
not exceeding 250 sq. yds. 

For a ground area of more than 250 sq. yds. but 
not exceeding 500 sq. yds. 

For a ground area of more than 500 sq. yds. but 
not exceeding 1,000 sq. yds. 

Rs. 

20 

60 

150 

300 

or any subsequent 
storey 

Rs. per storey 

40 

120 

300 

600 

For a ground area of more than 1,000 sq. yds. 

600 

1500 

1. 

2. 

3. 

4. 

5. 

N.B. 1.—For purposes of assessment and calculation of the tax, ground area shall mean the area of the 

portion which is proposed to be built upon including the internal courtyard. 

N.B. 2.—For purposes of the above Schedule, the basement where provided will be regarded as the 

first storey, the ground floor over the basement as the second storey and so on. 

N.B.  3.—In  cases  where  an  application  is  deemed  to  have  been  sanctioned  under  the  provisions  of 
section  282  the  tax  shall  become  payable  in  the  same  manner  as  in  cases  where  an  application  is 
sanctioned. 

N.B. 4.—In case an application is rejected 5 per cent. of the tax due shall be retained and the balance 

shall be refunded to the applicant, under the orders of the Chairperson. 

_____________ 

THE SIXTH SCHEDULE 

[See section 100(1)] 

NOTICE OF DEMAND 

To 

Shri/Shrimati 

residing at  

Please take notice that the Chairperson, New Delhi Municipal Council                demands             from 
            the                  sum of Rs.                 due from                       on account of                          (here 

describe  the  property,  occupation,  circumstance  or  thing  in  respect  of  which  the  sum is payable) 

              leviable under                           for the period of                            commencing on the day of 
19           ,  and ending on the day of 19          ,  and that if, within thirty days from the service of this 
notice, the said sum is not paid to the Chairperson at or sufficient cause for non-payment is not shown to 
the satisfaction of the Chairperson a warrant of distress or attachment will be issued for the recovery of 
the same with costs. 

Dated this                  day of                       19 

(Signed) 
Chairperson 
New Delhi Municipal Council 

126 

 
 
 
 
 
 
 
 
THE SEVENTH SCHEDULE 

[See section 102(1)] 

FORM OF WARRANT 

(Here  insert  the  name  of  the  Officer  charged  with  the  execution  of  the  warrant) 

WHEREAS  A.B.  of                                                has  not  paid,  and  has  not  shown  satisfactory  cause  for  the             

non-payment of, the sum of                               due on account of                             (here describe the 
liability) for the period of commencing                   on the              day of                   19                        , 
and ending with                        day of                        19                     ,                     which sum is leviable 
under                       ; 

AND  WHEREAS   thirty  days have  elapsed since the service on him of notice of demand for the same. 

This is to direct you to distrain/attach the movable/immovable property (described below) of the said 
A.B. of a value approximately equal to the said sum of Rs.                           subject to the provisions of the 
New Delhi Municipal Council Act, 1994, and the bye-laws made thereunder and forthwith to certify to 
me, together with this warrant, all particulars of the property seized/attached by you thereunder. 

Dated this                    day of                19                 

Description of immovable property. 

(Signed) 
Chairperson 
New Delhi Municipal Council 

_______________ 

THE EIGHTH SCHEDULE 

[See section 103(2)] 

FORM OF INVENTORY OF PROPERTY DISTRAINED AND NOTICE OF SALE 

To 

Shri / Shrimati 

residing at                         . 

Please take notice that I have this day seized the property specified in the inventory annexed hereto 
for the value of               due for the liability* (Here describe liability*) mentioned in the margin for the 
period commencing on the           day of                       , 19             , and ending with the                     day 
of                            19                    , together with Rs.                        due for service of notice of demand, 
and that unless within ten days from the date of the service of this notice you pay to the Chairperson the 
said amount, together with the costs of recovery, the said property will be sold by public auction. 

Dated this                       day of                        , 19 

(Signature of Officer executing the warrant) 

Inventory 

*Here state particulars of property seized. 

127 

 
 
 
 
 
 
 
 
THE NINTH SCHEDULE 

[See section 327(1)] 

PURPOSES FOR WHICH PREMISES MAY NOT BE USED WITHOUT A LICENCE 

Carrying 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— 

Autocar or autocycle servicing or repairing. 
Blacksmithy. 
Coppersmithy. 
Electroplating. 
Glass beveling. 
Glass cutting. 

(i) 
(ii) 
(iii) 
(iv) 
(v) 
(vi) 
(vii)  Glass polishing. 
(viii)  Goldsmithy. 
(ix)  Marble cutting, grinding, dressing or polishing. 
(x) 

Metal (ferrous  or non-ferrous  or  antimony  but  excluding  previous  metal)  cutting  or 
treating metal by hammering, drilling, pressing, filling, polishing, heating or by any 
other process whatever or assembling parts of metal. 
Photography-studio. 

Spinning or weaving cotton, silk, art silk, or jute or wool with the aid of power. 
Stone grinding, cutting, dressing or polishing. 

(xi) 
(xii)  Radio (wireless receiving set) selling, repairing, servicing or manufacturing. 
(xiii)  Silversmithy. 
(xiv) 
(xv) 
(xvi)  Timber or wood sawing or cutting by mechanical or electrical power. 
(xvii)  Tinsmithy. 
(xviii)  Washerman‟s trade. 
(xix)  Welding or metal by electric, gas or any process whatsoever. 

21.  Manufacturing,  parching,  packing,  pressing,  cleaning,  cleansing,  boiling,  melting,  grinding  or 

preparing by any process whatever any of the following articles— 

(i) 
(ii) 
(iii) 
(iv) 
(v) 
(vi) 

Aerated waters. 
Bakelite goods. 
Bidis (indigenous cigarettes), snuff, cigars or cigarettes. 
Bitumen. 
Blasting powder. 
Bones. 

128 

 
Brushes. 
Candles. 
Catgut. 

(vii)  Bricks or tiles by hand power. 
(viii)  Bricks or tiles by mechanical power. 
(ix) 
(x) 
(xi) 
(xii)  Celluloid or celluloid goods. 
(xiii)  Cement concrete designs or models. 
(xiv)  Charcoal. 
(xv) 
(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 

Chemicals. 

yarn, art silk, art silk waste, art silk yarn, wool or woollen refuse or waste. 

Ink for printing, writing, stamping, etc. 

(xix)  Cotton seeds. 
(xx)  Dammar. 
(xxi)  Dynamite. 
(xxii)  Fat. 
(xxiii)  Fireworks. 
(xxiv)  Flax. 
(xxv) 
(xxvi)  Gas. 
(xxvii)  Ghee. 
(xxviii)  Glass or glass articles. 
(xxix)  Gunpowder. 
(xxx)  Hemp. 
(xxxi) 
(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) 

Ice (including dry ice). 

Oil  other  than  petroleum  (either  by  mechanical  power  or  by  hand  power  or  ghani 
driven by bullock or any other animal). 
Pharmaceutical or medical products. 

(xli) 
(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. 
(l) 
Sanitary-ware or china-ware. 
(li) 
Soap. 
(lii) 
Sugar. 
(liii) 
Sweetmeat and confectionery goods. 
(liv) 
Tallow. 
(lv) 
Tar. 
(lvi)  Varnishes. 
(lvii)  Wooden furniture, boxes, barrels, khokas, or other articles of wood or of plywood or 

sandalwood. 

129 

 
 
PART II 

ARTICLES WHICH MAY NOT BE STORED IN ANY PREMISES WITHOUT A LICENCE 

1.  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, acetylene 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.  Hessain cloth (gunny-bag cloth). 
52.  Hides (dried). 
53.  Hides (raw). 

130 

 
54.  Hoofs. 
55.  Horns. 
56.  Incense or esas. 
57.  Jute. 
58.  Khokas, boxes barrels, furniture or any other article of wood. 
59.  Lacquer. 
60.  Lether. 
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.  Paper 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 pieces 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. 

131 

 
 
 
 
 
THE TENTH SCHEDULE 

[See section 369 (1)] 

PENALTIES 

Explanation.—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:— 

Section,             
sub-section,    
clause or 
proviso 

Table 

Subject 

Fine or 
imprisonment which 
may be imposed 

Daily 
fine 
which  may  be 
imposed 

1 

2 

Failure 
to  give  notice  of 
devolution of land or building 

transfer  or 

Failure to produce instrument of transfer 

Failure  to  give  notice  of  erection  of  new 
building, etc. 

Failure 
removal of building 

to  give  notice  of  demolition or 

Failure to comply with requisition to furnish 
information, etc. 

Wilful delay or obstruction of valuers 

Section 74, 
sub-sections (1) 
and (2) 

Section 74, 
sub-section (3) 

Section 75 

Section 76 

Section 77 

Section 81, 
sub-section (2) 

Section 89 

3 

Rs. 

50 

50 

50 

50 

50 

50 

Prohibition 
permission 

of 

advertisement  without 

200 

Section 114 

Failure  to  give  notice  of  vacant land  or 
building 

Section 119, 
sub-section (2) 

Non-compliance  with 
attendance before the Chairperson 

the  requisition  of 

Section 122 

Failure to disclose liability 

Section 148 

Use  for  non-domestic  purposes  of  water 
supplied for domestic purposes 

Section 152,      
sub-section (1) 

Non-compliance  with  the  requisition  to  take 
water supply  

Section 153 

Prohibition to  occupy  new  premises  without 
arrangement for water supply 

Section 164 

Waste or misuse of water 

Section 165 

Refusal of admittance, etc. 

Section 168, 
sub-section (1) 

Laying  of  water  pipes,  etc.,  in  a  position 
where pipes may be injured or water therein 
polluted 

50 

50 

100 

100 

200 

200 

50 

100 

100 

132 

4 

Rs. 

— 

— 

— 

— 

— 

— 

5 

5 

— 

— 

5 

20 

20 

— 

— 

10 

 
 
 
Section,             
sub-section,    
clause or 
proviso 

1 

Section 168, 
sub-section (2) 

Section 173 

Subject 

2 

Construction  of  latrines,  etc.,  in  a  position 
where pipes may be injured or water therein 
polluted 

Injury  to,  or  interference  with  free  flow  of 
contents  of  municipal  drain  of  drains 
communicating with municipal drain 

Section 174, 
sub-section (2) 

Private  drain  not  to  be  connected  with 
municipal drain without notice 

Section 175 

Non-compliance  with 
drainage of undrained premises 

requisition 

for 

Section 176 

Erection of new premises without drain 

Section 177 

Section 178 

Section 179 

Section 180 

Section 181 

Section 183 

Non-compliance  with 
of 
maintenance of drainage works for any group 
or block of premises 

requisition 

Non-compliance  with  directions  to  close  or 
limit the use of private drains in certain cases 

Non-compliance  with  Chairperson‟s  orders 
regarding the use of a drain by a person other 
than the owner thereof 

Non-compliance with requisition for keeping 
sewage and rain water drains distinct 

Non-compliance  with  requisition  for  the 
pavement of courtyard, etc. 

Connection  with  municipal  water  works  or 
drains without written permission 

Section 186, 
sub-section (4) 

Non-compliance  with  requisition  to  close, 
remove or divert a pipe or drain 

Section 193, 
sub-section (1) 

Execution  of  work  by  a  person  other  than  a 
licensed plumber 

Section 193, 
sub-section (2) 

Failure  to  furnish  when  required,  name  of 
licensed plumber employed 

Section 193, 
sub-section (6) 

Licensed plumbers not to demand more than 
the charges prescribed 

Section 193, 
sub-section (8) 

Licensed  plumbers  not  to  contravene  bye-
laws  or  execute  work  carelessly  or 
negligently, etc. 

Section 194 

Prohibition  of  wilful  or  neglectful  acts 
relating to water or sewage works 

Section 209, 
sub-section (3) 

Construction  of  building  within  the  regular 
line of street without permission 

133 

Fine or 
imprisonment which 
may be imposed 

fine 
Daily 
which  may  be 
imposed 

3 

100 

50 

50 

100 

1000 

50 

50 

50 

50 

50 

200 

50 

200 

100 

100 

100 

100 

1000 

4 

— 

— 

— 

25 

— 

5 

5 

— 

— 

— 

50 

5 

— 

— 

— 

— 

— 

10 

 
Fine or 
imprisonment which 
may be imposed 

fine 
Daily 
which  may  be 
imposed 

Utilising,  selling  or  otherwise  dealing  with 
any  land  or  laying  out  a  private  street 
otherwise  than  in  conformity  with  orders  of 
the Council 

Rigorous 
imprisonment which 
may extend to three 
years 

Section,             
sub-section,    
clause or 
proviso 

1 

Section 211 

Section 214 

Section 217, 
sub-sections (5) 

Section 218, 
sub-section (1), 
clauses (a) and 
(b)  

Section 219, 
sub-section (1) 

Section 221, 
sub-section (1) 

Subject 

2 

Failure to comply with requisition to set back 
buildings to regular line of street 

Failure  to  comply  with  requisition  to  set 
forward buildings to regular line of street 

Failure  to  comply  with  requisition  to  show 
cause  for  alteration  of  street  or  for  a 
appearance before the Chairperson 

Failure to comply with requisition on owner 
of  private  street  or  owner  of  adjoining  land 
or building to level, etc., such street 

Prohibition of projections upon streets, etc. 

Section 221, 
sub-section (2) 

Failure to comply with requisition to remove 
projections from streets 

Section 222, 
sub-section (2) 

Failure to comply with requisition to remove 
a  verandah,  balcony,  etc.,  put  up 
in 
accordance with section 221(1) 

Section 223 

Failure  to  comply  with  requisition  to  have 
ground floor doors, etc., so altered as not to 
open outwards 

Section 224, 
sub-section (1) 

Erection, etc., of structures of fixtures which 
cause obstruction in streets 

Section 225 

Deposit, etc., of things in streets 

Section 227, 
sub-sections (1) 
and (2) 

Tethering of animals and milking of cattle in 
public streets 

Section 228, 
sub-section (4) 

Unlawful removal of bar or shorting timber, 
etc., or removal or extinction of light 

Section 229, 
sub-section (1) 

Streets  not  to  be  opened  or  broken  and 
to  be  deposited 
building  materials  not 
thereon without permission 

Section 231, 
sub-section (2) 

Name  of  street  and  number  of  house  not  to 
be destroyed or defaced, etc. 

Section 232, 
sub-section (1) 

Failure  to  comply  with  requisition  to  repair, 
protect or enclose a dangerous place 

Section 234, 
sub-section (1) 

Removal, etc., of lamps 

134 

3 

200 

200 

50 

100 

200 

200 

200 

50 

200 

100 

100 

50 

200 

50 

100 

100 

4 

50 

10 

— 

5 

10 

— 

— 

— 

— 

10 

— 

5 

— 

10 

— 

25 

— 

 
Section,             
sub-section,    
clause or 
proviso 

Subject 

Fine or 
imprisonment which 
may be imposed 

fine 
Daily 
which  may  be 
imposed 

1 

2 

Section 234, 
sub-section (2) 

Wilfully and negligently extinguishing lights 
in public streets, etc. 

Section 237, 
sub-section (1) 

Erection of a building without the sanction of 
the Chairperson 

Section 237, 
sub-section (2) 

Use  of 
permission 

inflammable  materials  without 

Section 238, 
sub-section (1) 

Failure  to  give  notice  of  intention  to  erect a 
building 

Section 239, 
sub-section (1) 

Failure  to  give  notice  of  intention  to  make 
additions, etc., to buildings 

4 

— 

— 

— 

— 

— 

3 

50 

Simple 
imprisonment  which 
may  extend  to  six 
months  or  with  fine 
which may extend to 
Rs.  5000  or  with 
both 

100 

Simple 
imprisonment  which 
may  extend  to  six 
months  or  with  fine 
which may extend to 
Rs.  5000  or  with 
both 

Simple 
imprisonment  which 
may  extend  to  six 
months  or  with  fine 
which may extend to 
Rs.  5000  or  with 
both 

Commencement to work without notice, etc. 

10000 

500 

Section 242, 
sub-section (4) 

Section 244 

Failure  to  comply  with  requisition  to  round 
off buildings at corners of streets 

Section 245, 
sub-section (1) 

Erection of buildings on new streets without 
levelling 

Section 245, 
sub-section (1) 

Section 247 

Erection  of  buildings  or  execution  of  work 
within 
in 
line  of 
contravention of any scheme or plan 

street  or 

regular 

Failure to demolish buildings erected without 
sanction  or  erection  of  buildings 
in 
contravention of order 

135 

5 

— 

— 

— 

100 

1000 

1000 

Simple 
imprisonment  which 
may  extend  to  six 
months  or  with  fine 
which may extend to 
Rs.  5000  or  with 
both 

 
 
 
 
 
 
Subject 

Fine or 
imprisonment which 
may be imposed 

fine 
Daily 
which  may  be 
imposed 

Section,             
sub-section,    
clause or 
proviso 

1 

Section 248 

2 

3 

Erection  of  buildings  in  contravention  of 
conditions of sanction, etc. 

Simple 
imprisonment  which 
may  extend  to  six 
months  or  with  fine 
which may extend to 
Rs.  5000  or  with 
both 

Simple 
imprisonment  which 
may  extend  to  six 
months  or  with  fine 
which may extend to 
Rs.  5000  or  with 
both 

200 

Simple 
imprisonment  which 
may  extend  to  six 
months  or  with  fine 
which may extend to 
Rs.  5000  or  with 
both 

Section 249 

Failure to carry out a alterations 

Section 251, 
sub-sections (1) 
and (2) 

Non-compliance  with  provision  as 
to 
completion  certificates,  occupation  or  use, 
etc., without permission 

Section 252 

Non-compliance  with  restrictions  on  user  of 
buildings 

Section 258, 
sub-sections (1) 
and (2) 

Failure to comply with requisition to remove 
structures which are in ruins or likely to fall 

Section 259, 
sub-section (1) 

Failure  to  comply  with  requisition  to  vacate 
buildings in dangerous conditions, etc. 

Section 264 

Failure to provide for collection, removal and 
deposit of refuse and provision of receptacles 

Section 265, 
sub-section (1) 

Failure  to  collect  and  remove  filth  and 
polluted matter 

Section 265, 
sub-section (3) 

Scavenger‟s duties in certain cases not to be 
discharged by any person without permission 

Section 266 

Failure 
to  comply  with  requisition  for 
removal of rubbish, etc., from premises used 
as market, etc. 

Section 267, 
sub-section (1) 

Keeping  rubbish  and  filth  for  more  than 
twenty-four hours, etc. 

Section 267, 
sub-section (2) 

Section 267, 
sub-section (3) 

Allowing filth to flow in streets 

Depositing rubbish or filth, etc., in street, etc. 

136 

500 

200 

50 

50 

25 

100 

50 

50 

50 

4 

— 

— 

10 

— 

20 

— 

— 

— 

— 

— 

10 

— 

— 

 
Section,             
sub-section,    
clause or 
proviso 

1 

Section 271, 
sub-section (1) 

Subject 

2 

Latrines  and  urinals  not  to  be  constructed 
without  permission  or  in  contravention  of 
terms prescribed 

Section 272, 
sub-section (1) 

Failure to provide buildings newly erected or 
re-erected  with  latrine,  urinal  and  other 
accommodation 

Section 272, 
sub-section (3) 

Section 273 

Section 274 

to  provide 

Failure 
residential buildings 
composed of separate tenements with latrine, 
bathing or washing place for servants on the 
ground floor 

Failure to provide latrines for premises used 
by large number of people and to keep them 
clean and in proper order 

Failure to comply with requisition to provide 
latrines  for  market,  cattle  shed,  cart  stand, 
etc.,  and  to  keep  them  clean  and  in  proper 
order 

Section 275, 
clauses (a), (b), 
(c) and (d) 

Failure to comply with requisition to enforce 
provision of latrine or urinal accommodation, 
etc. 

Section 276, 
sub-section (2) 

Failure 
removal of congested buildings 

to  comply  with  requisition  for 

Section 277 

Section 279, 
sub-sections 
(1), (2), (3) and 
(4) 

Section 280 

Section 281, 
sub-section (1) 

Section 282 

Section 284 

Section 285 

Section 286 

Failure 
to 
improve buildings unfit for human habitation 

to  comply  with 

requisition 

Failure  to  comply  with  order  of demolition 
of buildings unfit for human habitation 

Failure  to  comply  with  requisition of  the 
Chairperson  to  remove  insanitary  huts  and 
sheds, etc. 

Prohibition against washing by washerman 

Failure  to  give  information  of dangerous 
disease 

Failure to comply with requisition to cleanse 
and disinfect buildings or articles 

Failure to comply with requisition to destroy 
infectious huts or sheds 

Washing  of  clothing,  bedding,  etc.,  at  any 
place not notified by the Chairperson 

137 

Fine or 
imprisonment which 
may be imposed 

fine 
Daily 
which  may  be 
imposed 

3 

200 

500 

500 

100 

100 

100 

1000 

1000 

1000 

100 

25 

100 

50 

50 

25 

4 

— 

— 

— 

20 

20 

10 

— 

— 

— 

15 

— 

— 

— 

— 

— 

 
 
 
 
 
Section,             
sub-section,    
clause or 
proviso 

Subject 

Fine or 
imprisonment which 
may be imposed 

fine 
Daily 
which  may  be 
imposed 

1 

2 

Section 288, 
sub-section (1) 

Sending  infected  clothes  to  washerman  or 
laundry 

Section 288, 
sub-section (2) 

Failure  to  furnish  address  of  washerman  or 
laundry to which clothes have been sent 

3 

25 

25 

50 

100 

50 

50 

50 

50 

100 

50 

10 

50 

50 

50 

50 

25 

10 

Use  of  public  conveyances  by  persons 
suffering from a dangerous disease, etc. 

Failure  to  disinfect  buildings  before  letting 
the same 

Disposal  of 
disinfection 

infected 

articles  without 

Making or selling of food, etc., or washing of 
clothes by infected persons 

Sale  of  food  or  drink  in  contravention  of 
restriction or prohibition of Chairperson 

Removal  or  use  of  water  from wells  and 
tanks  in  contravention  of  prohibition  of 
Chairperson 

Exposure  of  persons  to  risk  of  infection  by 
the presence or conduct of a person suffering 
from a dangerous disease, etc. 

Removal 
in 
infectious 
contravention of the provisions of the section 

corpses 

of 

Absence of sweepers, etc., from duty without 
notice 

Imprisonment  which 
may  extend  to  one 
month 

Section 289, 
sub-sections 
(1), (2) and (3) 

Section 291 

Section 292 

Section 293 

Section 294 

Section 295 

Section 296 

Section 297 

Section 298, 
sub-sections (1) 
and (2) 

Section 299 

Section 300 

Section 301 

sweeper  employed 

A 
for  doing house 
scavenging  not  to  discontinue  work  without 
notice 

Failure  to  supply  information  by  persons 
incharge of burning or burial grounds 

Use of new burning or burial ground without 
permission 

Section 302, 
sub-section (1) 

Failure to comply with requisition to close a 
burning or burial ground 

Section 302, 
sub-section (2) 

Burning or burial of corpses in a burning or 
burial ground after it has been closed 

Section 303 

Removal of corpses by other than prescribed 
routes 

Section 304, 
clause (b) 

Failure 
carcasses of dead animals 

to  give  notice  for  removal  of 

138 

4 

— 

— 

— 

— 

— 

— 

— 

— 

— 

— 

— 

— 

— 

— 

— 

— 

— 

— 

 
Fine or 
imprisonment which 
may be imposed 

fine 
Daily 
which  may  be 
imposed 

Section,             
sub-section,    
clause or 
proviso 

1 

Section 307, 
sub-sections (1) 
and (2) 

Section 308, 
sub-sections 
(1), (2) and (3) 

Section 309 

Subject 

2 

Failure  to  give  information  of births  and 
deaths 

Commission of nuisances 

Failure 
removal or abatement of nuisance 

to  comply  with  requisition  for 

Section 310, 
sub-section (4) 

Dogs  not  to  be  at  large  in  a  street  without 
being secured by a chain lead 

Section 310, 
sub-section (5) 

Ferocious  dogs  at 
muzzled, etc. 

large  without  being 

Section 311 

Staking 
contravention of prohibition 

inflammable 

material 

in 

Section 312 

Setting a naked light 

Section 313 

Section 314 

Section 315 

Section 317, 
sub-section (1) 

Section 318, 
sub-sections (1) 
and (2) 

Section 318, 
sub-section (2) 
proviso (a) 

Discharging  fireworks,  firearms, etc.,  likely 
to cause danger 

Failure  to  comply  with  requisition  to  render 
buildings, wells, etc., safe 

Failure to comply with requisition to enclose 
land used for improper purposes 

in  municipal  markets  without 

Sale 
permission 

Use  of  places  as  private  markets  without  a 
licence  and  use  of  places  other  than  a 
municipal  slaughter  house  as  slaughter 
houses 

Non-compliance with conditions imposed by 
Chairperson 

Section 320 

Keeping market open without licence, etc. 

2000 

Section 321 

Sale in unlicensed market 

Section 322 

Carrying on business or trade near a market 

Section 324 

Section 325 

Section 326 

Failure  of  person  in  charge  of   markets  to 
expel lepers and disturbers from the market 

Carrying  on  butcher‟s, fishmonger‟s  or 
poluterer‟s trade without licence, etc. 

Establishment  of 
permission 

factory, 

etc., without 

5000 

139 

3 

50 

50 

500 

50 

100 

50 

50 

50 

50 

50 

200 

500 

50 

50 

50 

50 

100 

4 

— 

— 

25 

— 

— 

— 

— 

— 

— 

— 

— 

25 

— 

— 

— 

— 

— 

10 

50 

 
 
 
 
 
Section,             
sub-section,    
clause or 
proviso 

1 

Section 327 

Subject 

2 

Certain  things  not  to  be  kept  and certain 
trades  and  operations  not  to  be  carried  on 
without a licence 

Section 328, 
sub-section (3) 

Keeping, 
animals, etc. 

abandonment 

or tethering  of 

Section 329, 
sub-section (5) 

Use  of  premises 
declaration 

in 

contravention of 

Section 330 

Section 331 

Section 332 

Hawking  articles  for  sale  without  a  licence, 
etc. 

Keeping  a  lodging  house,  eating  house,  tea 
shop,  etc.,  without licence  or  contrary  to 
licence 

Keeping  open  theatre,  circus  or  other  place 
of  public  amusement without 
licence  or 
contrary to terms of licence 

Section 339, 
sub-section (5) 

Failure 
permission 

to  produce 

licence  or  written 

Section 340 

Section 341 

Preventing  the  Chairperson  or  any  person 
authorised in this behalf  from  exercising  his 
powers of entry, etc. 

Preventing  the  Chairperson  or  any  person 
authorised  in  this  behalf from  exercising  his 
power of entry upon any adjoining land 

Section 346 

Obstruction  or  molestation  in  execution  of 
work 

Section 353, 
sub-section (4) 

Failure  to  comply  with  requisition to  state 
the name and address of owner of premises 

Section 364, 
sub-section (3) 

Failure  of  occupier  of  land  or  building  to 
afford  owner  facilities  for  complying  with 
provisions  of the  Act,  etc.,  after  eight  days 
from issue of order by district judge 

Section 404 

Obstruction of Chairperson or a member, etc. 

Section 405 

Section 406 

Section 407 

Removal  of  any  mark  set  up  for  indicating 
level, etc. 

Removal,  etc.,  of  notice  exhibited  by  or 
under  orders  of  the  Council,  Chairperson, 
etc. 

Unlawful  removal  of  earth,  sand  or  other 
material  or  deposit  of  any matter  or  making 
of any encroachment from any land vested in 
the Council. 

140 

Fine or 
imprisonment which 
may be imposed 

fine 
Daily 
which  may  be 
imposed 

3 

1000 

4 

100 

100 

500 

100 

100 

500 

50 

50 

50 

200 

50 

200 

200 

100 

50 

50 

— 

— 

— 

— 

50 

5 

— 

— 

— 

— 

50 

— 

— 

— 

— 

 
 
