The New Delhi Municipal Council Act, 1994
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 277 Power of Chairperson to require improvement of building unfit for human habitation.
(1) Where the Chairperson upon information in his possession is satisfied that any building is in any respect unfit for human habitation, he may, unless in his opinion the building is not capable at a reasonable expense of being rendered fit, serve upon the owner of the building a notice requiring him within such time not being less than thirty days as may be specified in the notice to execute the works of improvement specified therein and stating that in his opinion those works will render the building fit for human habitation.
(2) In addition to serving a notice under this section on the owner the Chairperson may serve a copy of the notice on any other person having an interest in the building whether as a lessee, mortgagee or otherwise.
(3) In determining whether a building can be rendered fit for human habitation at a reasonable expense regard shall be had to the estimated cost of the work necessary to render it so fit and the value which it is estimated that the building will have when the works are completed.
(2) In addition to serving a notice under this section on the owner the Chairperson may serve a copy of the notice on any other person having an interest in the building whether as a lessee, mortgagee or otherwise.
(3) In determining whether a building can be rendered fit for human habitation at a reasonable expense regard shall be had to the estimated cost of the work necessary to render it so fit and the value which it is estimated that the building will have when the works are completed.
Section 278 Enforcement of notice requiring execution of works of improvement.
If a notice under section 277 requiring the owner of the building to execute works of improvement is not complied with, then after the expiration of the time specified in the notice the Chairperson may himself do or cause to be done the works required to be done by the notice and recover the expenses incurred in connection therewith as an arrear of tax under this Act.
Section 279 Power of Chairperson to order demolition of buildings unfit for human habitation.
(1) Where the Chairperson upon any information in his possession is satisfied that any building is unfit for human habitation and is not capable at a reasonable expense of being rendered so fit he shall serve upon the owner of the building and upon any other person having an interest in the building, whether as a lessee, mortgagee or otherwise a notice to show cause within such time as may be specified in the notice as to why an order of demolition of the building should not be made.
(2) If any of the person upon whom a notice has been served under sub-section (1) appears in pursuance thereof before the Chairperson and gives an undertaking to him that such person shall, within a period specified by the Chairperson, execute such works of improvement in relation to the building as will, in the opinion of the Chairperson, render the building fit for human habitation or an undertaking that the building shall not be used for human habitation until the Chairperson on being satisfied that it has been rendered fit for that purpose, cancels the undertaking, the Chairperson shall not make an order of demolition of the building.
(3) If no such undertaking as is mentioned in sub-section (2) is given or if in a case where any such undertaking has been given, any work of improvement to which the undertaking relates is not carried out within the specified period, or the building is at any time used in contravention of the terms of the undertaking, the Chairperson shall, forthwith make an order of demolition of the building requiring that the building shall be vacated within a period to be specified in the order not being less than thirty days from the date of the order, and that it shall be demolished within six weeks after the expiration of that period.
(4) Where an order of demolition of building under this section has been made, the owner of the building or any other person having an interest therein, shall demolish that building within the time specified in that behalf by the order, and if the building is not demolished within that time, the Chairperson shall demolish or cause to be demolished the building and sell the materials thereof.
(5) Any expenses incurred by the Chairperson under sub-section (4) if not satisfied out of the proceeds of the sale of materials of the building shall be recovered from the owner of the building or any other person having an interest therein as an arrear of tax under this Act.
(6) In determining for the purposes of section 277 and this section whether a building is unfit for human habitation, regard shall be had to its condition in respect of the following matters, that is to say,--
(a) repair;
(b) stability;
(c) freedom from damp;
(d) natural light and air;
(e) water supply;
(f) drainage and sanitary conveniences;
(g) facilities for storage, preparation and cooking of food and for the disposal of rubbish, filth and other polluted matter,
and the building shall be deemed to be unfit as aforesaid if it is so far defective, in one or more of the said matters that it is not reasonably suitable for occupation in that condition.
(7) For the purpose of section 277, section 278 and this section, "work of improvement" in relation to a building includes any one or more of the following works, namely:--
(a) necessary repairs;
(b) structural alterations;
(c) provision of light points and water taps;
(d) construction of drains, open or covered;
(e) provision of latrines and urinals;
(f) provision of additional or improved fixtures and fittings;
(g) opening up or paving of courtyard;
(h) removal of rubbish, filth and other polluted and obnoxious matter;
(i) any other work including the demolition of any building or any part thereof which, in the opinion of the Chairperson, is necessary for executing any of the works specified above.
(8) The provisions of section 276, section 277, section 278 and this section shall not apply in relation to any building in any area which has been declared to be a slum area under the Slum Areas (Improvement and Clearance) Act, 1956 (96 of 1956).
(2) If any of the person upon whom a notice has been served under sub-section (1) appears in pursuance thereof before the Chairperson and gives an undertaking to him that such person shall, within a period specified by the Chairperson, execute such works of improvement in relation to the building as will, in the opinion of the Chairperson, render the building fit for human habitation or an undertaking that the building shall not be used for human habitation until the Chairperson on being satisfied that it has been rendered fit for that purpose, cancels the undertaking, the Chairperson shall not make an order of demolition of the building.
(3) If no such undertaking as is mentioned in sub-section (2) is given or if in a case where any such undertaking has been given, any work of improvement to which the undertaking relates is not carried out within the specified period, or the building is at any time used in contravention of the terms of the undertaking, the Chairperson shall, forthwith make an order of demolition of the building requiring that the building shall be vacated within a period to be specified in the order not being less than thirty days from the date of the order, and that it shall be demolished within six weeks after the expiration of that period.
(4) Where an order of demolition of building under this section has been made, the owner of the building or any other person having an interest therein, shall demolish that building within the time specified in that behalf by the order, and if the building is not demolished within that time, the Chairperson shall demolish or cause to be demolished the building and sell the materials thereof.
(5) Any expenses incurred by the Chairperson under sub-section (4) if not satisfied out of the proceeds of the sale of materials of the building shall be recovered from the owner of the building or any other person having an interest therein as an arrear of tax under this Act.
(6) In determining for the purposes of section 277 and this section whether a building is unfit for human habitation, regard shall be had to its condition in respect of the following matters, that is to say,--
(a) repair;
(b) stability;
(c) freedom from damp;
(d) natural light and air;
(e) water supply;
(f) drainage and sanitary conveniences;
(g) facilities for storage, preparation and cooking of food and for the disposal of rubbish, filth and other polluted matter,
and the building shall be deemed to be unfit as aforesaid if it is so far defective, in one or more of the said matters that it is not reasonably suitable for occupation in that condition.
(7) For the purpose of section 277, section 278 and this section, "work of improvement" in relation to a building includes any one or more of the following works, namely:--
(a) necessary repairs;
(b) structural alterations;
(c) provision of light points and water taps;
(d) construction of drains, open or covered;
(e) provision of latrines and urinals;
(f) provision of additional or improved fixtures and fittings;
(g) opening up or paving of courtyard;
(h) removal of rubbish, filth and other polluted and obnoxious matter;
(i) any other work including the demolition of any building or any part thereof which, in the opinion of the Chairperson, is necessary for executing any of the works specified above.
(8) The provisions of section 276, section 277, section 278 and this section shall not apply in relation to any building in any area which has been declared to be a slum area under the Slum Areas (Improvement and Clearance) Act, 1956 (96 of 1956).
Section 280 Insanitary huts and sheds.
Where the Chairperson upon any information in his possession is satisfied that any hut or shed used as a dwelling house or as a stable or for any other purpose, is likely, by reason of its being constructed without a plinth or upon a plinth of insufficient height or without proper means of drainage or on account of the impracticability of scavenging and cleansing it or owing to the manner in which it and other huts or sheds are crowded together, to cause risk of disease to the inmates thereof or to the inhabitants of the neighbourhood, or is for any reason likely to endanger public health or safety, he may by notice in writing require the owner or occupier of the hut or shed or the owner or occupier of the land on which the hut or shed stands to remove or alter the hut or shed or carry out such improvement thereof as the Chairperson may deem necessary within such time as may be specified in the notice.
Section 281 Prohibition against washing by washerman.
(1) The Chairperson may by public notice prohibit the washing of clothes by washermen in the exercise of their callings except at such places as he may appoint for the purpose.
(2) When any such prohibition has been made, no person who is by calling a washerman shall in contravention of such prohibition wash clothes except for himself or for personal and family service or for hire on or within the premises of the hirer, at any place other than a place appointed under sub-section (1).
(2) When any such prohibition has been made, no person who is by calling a washerman shall in contravention of such prohibition wash clothes except for himself or for personal and family service or for hire on or within the premises of the hirer, at any place other than a place appointed under sub-section (1).
Section 282 Obligation to give information of dangerous disease.
Any person being in charge of, or in attendance, whether as a medical practitioner or otherwise, upon any person whom he knows or has reason to believe to be suffering from a dangerous disease, or being the owner, lessee, or occupier of any building in which he knows that any such person is so suffering shall forthwith give information respecting the existence of such disease to the officer specified by the Chairperson for the said purpose.
Section 283 Removal to hospital of patients, suffering from dangerous disease.
(1) When any person suffering from any dangerous disease is found to be--
(a) without proper lodging or accommodation; or
(b) living in a room or house which he neither owns or pays rent for nor occupies as the guest or relative of any person who owns, or pays rent for it; or
(c) living in a sarai, dharamshala, hotel, boarding house, hostel, guest house, lodging house, club; or
(d) lodged in premises occupied by members of two or more families,
the Chairperson or any person authorised by him in this behalf, may on the advice of any medical officer of the rank not inferior to that of a general duty medical officer remove the patient to any hospital or place at which persons suffering from such diseases are received for medical treatment and may do anything necessary for such removal.
(2) The Council shall if required by the Central Government erect an infectious disease hospital of such type and dimension as that Government may direct.
(a) without proper lodging or accommodation; or
(b) living in a room or house which he neither owns or pays rent for nor occupies as the guest or relative of any person who owns, or pays rent for it; or
(c) living in a sarai, dharamshala, hotel, boarding house, hostel, guest house, lodging house, club; or
(d) lodged in premises occupied by members of two or more families,
the Chairperson or any person authorised by him in this behalf, may on the advice of any medical officer of the rank not inferior to that of a general duty medical officer remove the patient to any hospital or place at which persons suffering from such diseases are received for medical treatment and may do anything necessary for such removal.
(2) The Council shall if required by the Central Government erect an infectious disease hospital of such type and dimension as that Government may direct.
Section 284 Disinfection of buildings and articles.
Where the Chairperson is of opinion that the cleansing and disinfection of any building or part of a building or of any articles in such building or part which are likely to retain infection, or the renewal of flooring of any building or part of such building, and the renewal of plastering of the walls thereof, would tend to prevent or check the spread of any dangerous disease; he may, by notice in writing, require the owner or occupier to cleanse and disinfect the said building, part or articles, as the case may be, or to renew the said flooring and if necessary, the said plastering also within such time as may be specified in the notice:
Provided that where in the opinion of the Chairperson the owner or occupier is from poverty or any other cause unable effectually to carry out any such requisition, the Chairperson may at the expense of the New Delhi Municipal Fund cleanse and disinfect the building, part or articles, or, as the case may be, renew the flooring and if necessary, the plastering also.
Provided that where in the opinion of the Chairperson the owner or occupier is from poverty or any other cause unable effectually to carry out any such requisition, the Chairperson may at the expense of the New Delhi Municipal Fund cleanse and disinfect the building, part or articles, or, as the case may be, renew the flooring and if necessary, the plastering also.
Section 285 Destruction of infectious huts or sheds.
(1) Where the destruction of any hut or shed is in the opinion of the Chairperson necessary to prevent the spread of any dangerous disease, the Chairperson may by notice in writing require the owner to destroy the hut or shed and the materials thereof within such time as may be specified in the notice.
(2) Where the Chairperson is satisfied that the destruction of any hut or shed is immediately necessary for the purpose of preventing the spread of any dangerous disease, he may order the owner or occupier of the hut or shed to destroy the same forthwith or may himself cause it to be destroyed after giving not less than six hours' notice to the owner or occupier.
(3) Compensation may be paid by the Chairperson, in any case which he thinks fit, to any person who sustains substantial loss by the destruction of any such hut or shed, but, except as so allowed by the Chairperson, no claim for compensation shall lie for any loss or damage caused by any exercise of the power conferred by this section.
(2) Where the Chairperson is satisfied that the destruction of any hut or shed is immediately necessary for the purpose of preventing the spread of any dangerous disease, he may order the owner or occupier of the hut or shed to destroy the same forthwith or may himself cause it to be destroyed after giving not less than six hours' notice to the owner or occupier.
(3) Compensation may be paid by the Chairperson, in any case which he thinks fit, to any person who sustains substantial loss by the destruction of any such hut or shed, but, except as so allowed by the Chairperson, no claim for compensation shall lie for any loss or damage caused by any exercise of the power conferred by this section.
Section 286 Means of disinfection.
(1) The Chairperson shall--
(a) provide proper places with necessary attendants and apparatus for the disinfection of conveyances, clothing, bedding and other articles which have been exposed to infection;
(b) cause conveyances, clothing and other articles brought for disinfection to be disinfected either free of charge or on payment of such charges as he may fix.
(2) The Chairperson may notify places at which articles of clothing, bedding and the conveyances or other articles which have been exposed to infection shall be washed and if he does so, no person shall wash any such thing at any place not so notified without having previously disinfected such thing.
(3) The Chairperson may direct the destruction of any clothing, bedding or other article likely to retain infection and may give such compensation as he thinks fit for any article so destroyed.
(a) provide proper places with necessary attendants and apparatus for the disinfection of conveyances, clothing, bedding and other articles which have been exposed to infection;
(b) cause conveyances, clothing and other articles brought for disinfection to be disinfected either free of charge or on payment of such charges as he may fix.
(2) The Chairperson may notify places at which articles of clothing, bedding and the conveyances or other articles which have been exposed to infection shall be washed and if he does so, no person shall wash any such thing at any place not so notified without having previously disinfected such thing.
(3) The Chairperson may direct the destruction of any clothing, bedding or other article likely to retain infection and may give such compensation as he thinks fit for any article so destroyed.
Section 287 Special measures in case of outbreak of dangerous or epidemic diseases.
(1) In the event of New Delhi or any part thereof being visited or threatened by an outbreak of any dangerous disease among the inhabitants thereof or any epidemic disease among any animals therein, the Chairperson, if he thinks that the other provisions of this Act and the provisions of any other law for the time being in force are insufficient for the purpose, may, with the previous sanction of the Council--
(a) take such special measures; and
(b) by public notice, give such directions to be observed by the public or by any class or section of the public,
as he thinks necessary to prevent the outbreak or spread of the disease:
Provided that where in the opinion of the Chairperson immediate measures are necessary, he may take action, without such sanction as aforesaid and if he does so, shall forthwith report such action to the Council.
(2) No person shall commit a breach of any direction given under sub-section (1) and if he does so he shall be deemed to have committed an offence under section 188 of the Indian Penal Code (45 of 1860).
(a) take such special measures; and
(b) by public notice, give such directions to be observed by the public or by any class or section of the public,
as he thinks necessary to prevent the outbreak or spread of the disease:
Provided that where in the opinion of the Chairperson immediate measures are necessary, he may take action, without such sanction as aforesaid and if he does so, shall forthwith report such action to the Council.
(2) No person shall commit a breach of any direction given under sub-section (1) and if he does so he shall be deemed to have committed an offence under section 188 of the Indian Penal Code (45 of 1860).
Section 288 Infected clothes not to be sent to washerman or to laundry.
(1) A person shall not send or take to any washerman or to any laundry or place set apart for the exercise by washerman of their calling, for the purpose of being washed or to any place for the purpose of being cleansed, any cloth or other article which he knows to have been exposed to infection from a dangerous disease unless that cloth or article has been disinfected by or to the satisfaction of the officer authorised in this behalf.
(2) The occupier of any building in which a person is suffering from a dangerous disease shall, if required by the officer authorised by the Chairperson, furnish to him the address of any washerman to whom or any laundry or other place to which clothes and other articles from the building have been, or will be, sent during the continuance of the disease, for the purpose of being washed or cleaned.
(2) The occupier of any building in which a person is suffering from a dangerous disease shall, if required by the officer authorised by the Chairperson, furnish to him the address of any washerman to whom or any laundry or other place to which clothes and other articles from the building have been, or will be, sent during the continuance of the disease, for the purpose of being washed or cleaned.
Section 289 Contamination and disinfection of public conveyance.
(1) Whoever--
(a) uses a public conveyance while suffering from a dangerous disease; or
(b) uses a public conveyance for the carriage of a person who is suffering from any dangerous disease; or
(c) uses a public conveyance for the carriage of the corpse of a person who has died from any such disease,
shall be bound to take proper precautions against the communication of the disease to other persons using or who may thereafter use the conveyance and to notify such use to the owner, driver, or person in charge of the conveyance, and further report without delay to the Chairperson the number of the conveyance and the name of the person so notified.
(2) Where any person suffering from, or the corpse of any person who has died from, a dangerous disease has been carried in public conveyance which ordinarily plies in New Delhi or any part thereof, the driver thereof shall forthwith report the fact to the Chairperson who shall forthwith cause the conveyance to be disinfected if that has not already been done.
(3) No such conveyance shall be again brought into use until the officer authorised by the Chairperson has granted a certificate stating that it can be used without causing risk of infection.
(4) Whoever fails to make to the Chairperson any report which he is required to make under this section shall be guilty of an offence.
(a) uses a public conveyance while suffering from a dangerous disease; or
(b) uses a public conveyance for the carriage of a person who is suffering from any dangerous disease; or
(c) uses a public conveyance for the carriage of the corpse of a person who has died from any such disease,
shall be bound to take proper precautions against the communication of the disease to other persons using or who may thereafter use the conveyance and to notify such use to the owner, driver, or person in charge of the conveyance, and further report without delay to the Chairperson the number of the conveyance and the name of the person so notified.
(2) Where any person suffering from, or the corpse of any person who has died from, a dangerous disease has been carried in public conveyance which ordinarily plies in New Delhi or any part thereof, the driver thereof shall forthwith report the fact to the Chairperson who shall forthwith cause the conveyance to be disinfected if that has not already been done.
(3) No such conveyance shall be again brought into use until the officer authorised by the Chairperson has granted a certificate stating that it can be used without causing risk of infection.
(4) Whoever fails to make to the Chairperson any report which he is required to make under this section shall be guilty of an offence.
Section 290 Driver of conveyance not bound to carry persons suffering from dangerous disease.
Notwithstanding anything contained in any law for the time being in force no owner, driver or person in charge of a public conveyance shall be bound to convey or to allow to be conveyed in such conveyance in or in the vicinity of New Delhi any person suffering from a dangerous disease or the corpse of any person who has died from such disease unless and until such person pays or tenders a sum sufficient to cover any loss and expense which would ordinarily be incurred in disinfecting the conveyance.
Section 291 Disinfection of buildings before letting the same.
(1) Where any building or part of a building is intended to be let in which any person has, within six weeks immediately preceding, been suffering from a dangerous disease, the person letting the building or part shall, before doing so, disinfect the same in such manner as the Chairperson may by general or special notice direct together with all articles therein liable to retain infection.
(2) For the purposes of this section the keeper of a hostel, lodging house, dharamshala, sarai, boarding house, guest house, hotel or club shall be deemed to have let to any person who is admitted as a guest therein that part of the building in which such person is permitted to reside.
(2) For the purposes of this section the keeper of a hostel, lodging house, dharamshala, sarai, boarding house, guest house, hotel or club shall be deemed to have let to any person who is admitted as a guest therein that part of the building in which such person is permitted to reside.
Section 292 Disposal of infected articles without disinfection.
No person shall, without previous disinfection of the same, give, lend, sell, transmit or otherwise dispose of to another person any article or thing which he knows or has reason to believe has been exposed to contamination by any dangerous disease and is likely to be used in or taken into New Delhi or any part thereof.
Section 293 Prohibition of making or selling of food, etc., or washing of clothes by infected persons.
No person while suffering from, or in circumstances in which he is likely to spread, any dangerous disease, shall--
(a) make, carry or offer for sale or take any part in the business of making, carrying or offering for sale, any article of food or drink or any medicine or drug for human consumption, or any article of clothing or bedding for personal use or wear; or
(b) take any part in the business of the washing or carrying of clothes.
(a) make, carry or offer for sale or take any part in the business of making, carrying or offering for sale, any article of food or drink or any medicine or drug for human consumption, or any article of clothing or bedding for personal use or wear; or
(b) take any part in the business of the washing or carrying of clothes.
Section 294 Power to restrict or prohibit sale of food or drink.
When New Delhi or any part thereof is visited or threatened by an outbreak of any dangerous disease the Chairperson may, by public notice, restrict in such manner or prohibit for such period as may be specified in the notice, the sale or preparation of any article of food or drink for human consumption specified in the notice or the sale of any flesh of any description of animal so specified.
Section 295 Control over wells and tanks, etc.
(1) If the Chairperson is of opinion that the water in any well, tank or other place, is likely, if used for drinking, to endanger, or cause the spread of, any disease, he may--
(a) by public notice, prohibit the removal or use of such water for drinking; or
(b) by notice in writing require the owner or person having control of such well, tank or place to take such steps as may be directed by the notice to prevent the public from having access to or using such water; or
(c) take such other steps as he may consider expedient to prevent the outbreak or spread of any such disease.
(2) In the event of New Delhi or any part thereof being visited or threatened by an outbreak or a dangerous disease the officer authorised by the Chairperson in this behalf may, without notice and at any time, inspect and disinfect any well, tank or other place from which water is, or is likely to be, taken for the purposes of drinking and may further take such steps as he may think fit to ensure the purity of the water or to prevent the use of the same for drinking purposes.
(a) by public notice, prohibit the removal or use of such water for drinking; or
(b) by notice in writing require the owner or person having control of such well, tank or place to take such steps as may be directed by the notice to prevent the public from having access to or using such water; or
(c) take such other steps as he may consider expedient to prevent the outbreak or spread of any such disease.
(2) In the event of New Delhi or any part thereof being visited or threatened by an outbreak or a dangerous disease the officer authorised by the Chairperson in this behalf may, without notice and at any time, inspect and disinfect any well, tank or other place from which water is, or is likely to be, taken for the purposes of drinking and may further take such steps as he may think fit to ensure the purity of the water or to prevent the use of the same for drinking purposes.
Section 296 Duty of persons suffering from dangerous disease.
No person shall--
(a) knowing that he is suffering from a dangerous disease expose other persons to the risk of infection by his presence or conduct in any public street or public place;
(b) having the care of a person whom he knows to be suffering from a dangerous disease, cause or permit that person to expose other persons to the risk of infection by his presence or conduct in any such street or place as aforesaid;
(c) place or cause to be placed in a dustbin or other receptacle for the deposit of rubbish, any matter which he knows to have been exposed to infection from a dangerous disease and which has not been disinfected properly;
(d) throw or cause to be thrown into any latrine or urinal any matter which he knows to have been exposed to infection from a dangerous disease and which has not been disinfected properly.
(a) knowing that he is suffering from a dangerous disease expose other persons to the risk of infection by his presence or conduct in any public street or public place;
(b) having the care of a person whom he knows to be suffering from a dangerous disease, cause or permit that person to expose other persons to the risk of infection by his presence or conduct in any such street or place as aforesaid;
(c) place or cause to be placed in a dustbin or other receptacle for the deposit of rubbish, any matter which he knows to have been exposed to infection from a dangerous disease and which has not been disinfected properly;
(d) throw or cause to be thrown into any latrine or urinal any matter which he knows to have been exposed to infection from a dangerous disease and which has not been disinfected properly.