The New Delhi Municipal Council Act, 1994
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 1 Short title, extent and commencement.
(1) This Act may be called the New Delhi Municipal Council Act, 1994.
(2) It extends to New Delhi.
(3) It shall be deemed to have come into force on the 25th day of May, 1994.
(2) It extends to New Delhi.
(3) It shall be deemed to have come into force on the 25th day of May, 1994.
Section 2 Definitions.
In 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, small-pox, tuberculosis, leprosy, enteric fever, cerebrospinal meningitis and diptheria; and
(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);
(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
(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;
(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.
(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, small-pox, tuberculosis, leprosy, enteric fever, cerebrospinal meningitis and diptheria; and
(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);
(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
(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;
(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.
Section 3 Establishment of the Council.
(1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be a Council charged with the municipal government of New Delhi, to be known as the New Delhi Municipal Council.
(2) The Council shall be a body corporate with the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and may by the said name sue and be sued.
(2) The Council shall be a body corporate with the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and may by the said name sue and be sued.
Section 4 Composition of the Council.
(1) The Council shall consist of the following members, namely:--
(a) a Chairperson, from amongst the officers, of the Central Government or the Government, of or above the rank of Joint Secretary to the Government of India to be appointed by the Central Government in consultation with the Chief Minister of Delhi;
(b) 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
(d) 2[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;
3[(e) the Member of Parliament, representing constituency which comprises wholly or partly the New Delhi area.]
4* * * * *
5[(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).
(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
(d) 2[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;
3[(e) the Member of Parliament, representing constituency which comprises wholly or partly the New Delhi area.]
4* * * * *
5[(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).
1. Subs. by Act 5 of 2012, s. 2, for "three members" (w.e.f. 1-3-2012).
2. Subs. by Act 5 of 2012, s. 2, for "two members" (w.e.f. 1-3-2012).
3. Ins. by s. 2, ibid. (w.e.f. 1-3-2012).
4. Sub-section (2) omitted by s. 2, ibid. (w.e.f. 1-3-2012).
5. Subs. by s. 2, ibid., for sub-section (3) (w.e.f. 1-3-2012).
2. Subs. by Act 5 of 2012, s. 2, for "two members" (w.e.f. 1-3-2012).
3. Ins. by s. 2, ibid. (w.e.f. 1-3-2012).
4. Sub-section (2) omitted by s. 2, ibid. (w.e.f. 1-3-2012).
5. Subs. by s. 2, ibid., for sub-section (3) (w.e.f. 1-3-2012).
Section 5 Duration of the Council.
(1) The Council, unless sooner dissolved under section 398 or any other law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer.
(2) The Council,--
(a) where it is dissolved before the expiry of its duration under 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.
(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.
Section 6 Disqualification for membership of the Council.
(1) No person, other than a member of the Legislative Assembly of the National Capital Territory of Delhi, shall be disqualified for being nominated as a member of the Council on the ground that he holds an office of profit for purposes of election to the legislature of the National Capital Territory of Delhi under any law for the time being in force.
(2) If a person sits or votes as a member of the Council when he knows that he is not qualified or that he is disqualified for such membership, he shall be liable in respect of each day on which he so sits or votes to a penalty of three hundred rupees to be recovered as an arrear of tax under this Act.
(2) If a person sits or votes as a member of the Council when he knows that he is not qualified or that he is disqualified for such membership, he shall be liable in respect of each day on which he so sits or votes to a penalty of three hundred rupees to be recovered as an arrear of tax under this Act.
Section 7 Oath or affirmation.
(1) Every member before taking his seat shall make and subscribe at a meeting of the Council an oath or affirmation according to the following form, namely:--
"I, A. B., having been nominated as a member of Council do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will faithfully discharge the duty upon which I am about to enter."
(2) If a person sits or votes as a member before he has complied with the requirements of sub-section (1), he shall be liable in respect of each day on which he sits or votes as the case may be, to a penalty of three hundred rupees to be recovered as arrears of tax under this Act.
"I, A. B., having been nominated as a member of Council do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will faithfully discharge the duty upon which I am about to enter."
(2) If a person sits or votes as a member before he has complied with the requirements of sub-section (1), he shall be liable in respect of each day on which he sits or votes as the case may be, to a penalty of three hundred rupees to be recovered as arrears of tax under this Act.
Section 8 Vacation of seat.
(1) If a member resigns his seat by writing under his hand addressed to the Chairperson and delivered to him, his seat shall thereupon become vacant.
(2) If during three successive months, a member is without permission of the Council, absent from all the meetings thereof, the Council may recommend to the Central Government that the seat of such member may be declared 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.
Section 9 Setting-up of committees.
(1) The Council may constitute as many committees as it thinks fit for the exercise of any power or discharge of any function which the Council may by resolution delegate to them or for inquiring into, reporting or advising upon any matter which the Council may refer to them.
(2) Any such committee shall consist of members of the Council only:
Provided that a committee may, with the sanction of the Council, co-opt not more than two persons who are not members of the Council, but who in the opinion of the Council possesses special qualifications for serving on such committee.
(3) Each committee constituted under this section shall be presided by the Chairperson of the Council.
(4) Any matter relating to a committee constituted under this section, not expressly provided in this Act may be provided by regulations made in this behalf.
(2) Any such committee shall consist of members of the Council only:
Provided that a committee may, with the sanction of the Council, co-opt not more than two persons who are not members of the Council, but who in the opinion of the Council possesses special qualifications for serving on such committee.
(3) Each committee constituted under this section shall be presided by the Chairperson of the Council.
(4) Any matter relating to a committee constituted under this section, not expressly provided in this Act may be provided by regulations made in this behalf.
Section 10 General powers of the Council.
(1) Subject to the provisions of this Act and the rules, regulations and bye-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.
(2) Without prejudice to the generality of the provisions of sub-section (1), it shall be the duty of the Council to consider all periodical statements of the receipts and disbursements and all progress reports and pass such resolutions thereon as it thinks fit.
(3) The Council may at any time require the Chairperson--
(a) to produce any record, correspondence, plan or other document which is in his possession or under his control as Chairperson or which is recorded or filed in his office or in the office of any municipal officer or other municipal employee subordinate to him;
(b) to furnish any return, plan, estimate, statement, account or statistics concerning or connected with any matter pertaining to the administration of this Act or the municipal government of New Delhi;
(c) to furnish a report by himself or to obtain from the head of any department subordinate to him and furnish with his own remarks thereon, a report, upon any subject concerning or connected with the administration of this Act or the municipal government of New Delhi.
(4) Every such requisition shall be complied with by the Chairperson without any unreasonable delay; and it shall be incumbent on every municipal officer and other municipal employee to obey any order made by the Chairperson in pursuance of any such requisition:
Provided that the Chairperson shall not be bound to comply with any such requisition if with the previous approval of the Administrator he makes a statement that such compliance would be prejudicial to public interest or to the interests of the Council.
Section 11 Obligatory functions of the Council.
Subject to the provisions of this Act and any other law for the time being in force, it shall be incumbent on the Council to make adequate provisions by any means or measures which it may lawfully use or take, for each of the following matters, namely:--
(a) the construction, maintenance and cleansing of drains and drainage works and of public latrines, urinals and similar conveniences;
(b) the construction and maintenance of works and means for providing supply of water for public and private purposes;
(c) the scavenging, removal and disposal of filth, rubbish and other obnoxious or polluted matters;
(d) the construction or purchase, maintenance, extension, management for--
(i) supply and distribution of electricity to the public;
(ii) providing a sufficient supply of pure and wholesome water;
(e) the reclamation of unhealthy localities, the removal of noxious vegetation and generally the abatement of all nuisances;
(f) the regulation of places for the disposal of the dead and the provision and maintenance of places for the said purpose;
(g) the registration of births and deaths;
(h) public vaccination and 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.
(a) the construction, maintenance and cleansing of drains and drainage works and of public latrines, urinals and similar conveniences;
(b) the construction and maintenance of works and means for providing supply of water for public and private purposes;
(c) the scavenging, removal and disposal of filth, rubbish and other obnoxious or polluted matters;
(d) the construction or purchase, maintenance, extension, management for--
(i) supply and distribution of electricity to the public;
(ii) providing a sufficient supply of pure and wholesome water;
(e) the reclamation of unhealthy localities, the removal of noxious vegetation and generally the abatement of all nuisances;
(f) the regulation of places for the disposal of the dead and the provision and maintenance of places for the said purpose;
(g) the registration of births and deaths;
(h) public vaccination and 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.
Section 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;
(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.
(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;
(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.
Section 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.
(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.
Section 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.
(2) Whenever such leave is granted to the Chairperson, the Central Government shall appoint another person to officiate as Chairperson in his place.
Section 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.
Section 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.
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.
Section 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.
Section 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;
(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.
(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;
(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.
Section 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.
(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.
Section 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.
(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.