The New Delhi Municipal Council Act, 1994
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 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.
(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.
Section 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.
(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.
(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.
Section 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
Section 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.
(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.
Section 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.
(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.
Section 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.
Section 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.
(2) Nothing in this section shall apply to any erection or thing to which clause (c) of sub-section (1) of section 229 applies.
(2) Nothing in this section shall apply to any erection or thing to which clause (c) of sub-section (1) of section 229 applies.
Section 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
(2) Nothing in sub-section (1) applies to building material
Section 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.
(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.
Section 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).
(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).
Section 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.
(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.
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
(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.
(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
(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.
Section 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.
(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.
Section 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.
(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.
Section 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 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.
(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 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.
Section 233 Measures for lighting.
The Chairperson shall--
(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.
(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.
Section 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.
(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.
Section 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.
Section 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;
(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.
(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;
(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.
Section 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
(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