The New Delhi Municipal Council Act, 1994
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 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.
(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.
Section 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.
(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.
Section 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.
(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.
(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.
(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.
Section 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.
(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.
Section 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.
(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.
Section 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.
Section 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.
(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.
Section 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.
Section 166 Power to test water fittings.
The Chairperson may test any water fitting used in connection with water supplied by the Council.
Section 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.
(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.
(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.
Section 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.
(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.
Section 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.
(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.
Section 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.
Section 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.
(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.
Section 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.
(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.
Section 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).
(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).
Section 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.
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.
Section 175 Drainage of and drained premises.
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 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).
(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 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).
Section 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.
(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.
Section 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
(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.
(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
(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.