The New Delhi Municipal Council Act, 1994
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 377 Limitation of time for prosecution.
No person shall be liable to punishment for any offence against this Act or any rule, regulation or bye-law made thereunder, unless complaint of such offence is made before a municipal magistrate within six months next after--
(a) the date of the commission of the offence; or
(b) the date on which the commission or existence of such offence was first brought to the notice of the complainant.
(a) the date of the commission of the offence; or
(b) the date on which the commission or existence of such offence was first brought to the notice of the complainant.
Section 378 Power of magistrate to hear cases in absence of accused when summoned to appear.
If any person summoned to appear before a magistrate to answer a charge of an offence against this Act or any rule, regulation or bye-law made thereunder fails to appear at the time and place mentioned in the summons, or on any date to which the hearing of the case is adjourned, the magistrate may hear and determine the case in his absence, if--
(a) service of the summons is proved to his satisfaction, and
(b) no sufficient cause is shown, for the non-appearance of such person.
(a) service of the summons is proved to his satisfaction, and
(b) no sufficient cause is shown, for the non-appearance of such person.
Section 379 Complaints concerning nuisances.
The Chairperson or any municipal officer or other municipal employee authorised by him in this behalf or any person who resides or owns property in New Delhi, may complain to a municipal magistrate of the existence of any nuisance.
Section 380 Procedure to be followed by magistrate regarding complaints concerning nuisances.
(1) Upon the receipt of any complaint under section 379, the magistrate, after making such inquiry as he thinks necessary, may by written order direct the person responsible for the nuisance or the owner of the land or building on which the nuisance has taken place, to take such measures as to such magistrate may seem practicable and reasonable, and within such period as may be specified in the order for abating, preventing, removing or remedying such nuisance and may direct the Chairperson to put into force any of the provisions of this Act or any bye-law made thereunder.
(2) The magistrate may further direct the person found responsible for the nuisance to pay to the complainant such reasonable costs of and relating to the said complaint as he shall determine, inclusive of compensation for the complainants loss of time in prosecuting such complaint.
(3) Where in the opinion of the magistrate immediate action to prevent the nuisance is necessary he may dispense with the inquiry as required by sub-section (1) and make such order as he considers necessary forthwith.
(4) If the person directed to take action by an order under sub-section (1) or sub-section (2) fails to do so within the period specified in the order, the Chairperson may on the expiry of the said period proceed to take action as directed in the order or may take such other measures to abate, prevent, remove or remedy the nuisance as he considers necessary, and all expenses incurred in that connection shall be recoverable from the person against whom the magistrate has made the order as an arrear of tax under this Act.
(2) The magistrate may further direct the person found responsible for the nuisance to pay to the complainant such reasonable costs of and relating to the said complaint as he shall determine, inclusive of compensation for the complainants loss of time in prosecuting such complaint.
(3) Where in the opinion of the magistrate immediate action to prevent the nuisance is necessary he may dispense with the inquiry as required by sub-section (1) and make such order as he considers necessary forthwith.
(4) If the person directed to take action by an order under sub-section (1) or sub-section (2) fails to do so within the period specified in the order, the Chairperson may on the expiry of the said period proceed to take action as directed in the order or may take such other measures to abate, prevent, remove or remedy the nuisance as he considers necessary, and all expenses incurred in that connection shall be recoverable from the person against whom the magistrate has made the order as an arrear of tax under this Act.
Section 381 Arrest of offenders.
(1) Any police officer, may arrest any person who commits in his view any offence against this Act or against any rule, regulation or bye-law made thereunder if--
(a) the name and address of such person be unknown to him, and
(b) such person on demand declines to give his name and address or gives a name and address which such officer has reason to believe to be false.
(2) No person so arrested shall be detained in custody after his true name and address are ascertained or, without the order of the nearest magistrate for a period longer than twenty-four hours from the time of arrest exclusive of the time necessary for the journey from the place of arrest to the court of such magistrate.
(a) the name and address of such person be unknown to him, and
(b) such person on demand declines to give his name and address or gives a name and address which such officer has reason to believe to be false.
(2) No person so arrested shall be detained in custody after his true name and address are ascertained or, without the order of the nearest magistrate for a period longer than twenty-four hours from the time of arrest exclusive of the time necessary for the journey from the place of arrest to the court of such magistrate.
Section 382 Duties of police officers.
It shall be the duty of all police officers, to give immediate information to the Chairperson of the commission of, or the attempt to commit any offence against this Act or any rule, regulation or bye-law made thereunder and to assist all municipal officers and other municipal employees in the exercise of their lawful authority.
Section 383 Power to institute, etc., legal proceedings and obtain legal advice.
(1) The Chairperson may--
(a) take, or withdraw from, proceedings against any person who is charged with--
(i) any offence against this Act or any rules, regulation or bye-law made thereunder; or
(ii) any offence which affects or is likely to affect any property or interest of the Council or the due administration of this Act; or
(iii) committing any nuisance whatsoever;
(b) contest or compromise any appeal against rateable value or assessment of any tax or rate;
(c) take, or withdraw from, compromise proceedings under sections 360, 361 and 362 for recovery of expenses or compensation claimed to be due to the Council;
(d) withdraw or compromise any claim for a sum not exceeding one thousand rupees against any person;
(e) defend any suit or other legal proceeding brought against the Council or against the Chairperson or a municipal officer or municipal employee in respect of anything done or omitted to be done by any one of them in his official capacity;
(f) with the approval of the Council admit or compromise any claim, suit or other legal proceeding brought against the Council or against the Chairperson or any officer or other employee in respect of anything done or omitted to be done as aforesaid;
(g) withdraw or compromise any claim against any person in respect of a penalty payable under a contract entered into with such person by the Chairperson on behalf of the Council;
(h) institute and prosecute any suit or other legal proceeding, or with the approval of the Council withdraw from or compromise any suit or any claim for any sum not exceeding five hundred rupees which has been instituted or made in the name of the Council or the Chairperson;
(i) obtain such legal advice and assistance as he from time to time thinks necessary or expedient to obtain or as he may be required by the Council to obtain for any of the purposes mentioned in the foregoing clauses or for securing lawful exercise or discharge of any power or duty vesting in or imposed upon any municipal officer or other municipal employee.
(a) take, or withdraw from, proceedings against any person who is charged with--
(i) any offence against this Act or any rules, regulation or bye-law made thereunder; or
(ii) any offence which affects or is likely to affect any property or interest of the Council or the due administration of this Act; or
(iii) committing any nuisance whatsoever;
(b) contest or compromise any appeal against rateable value or assessment of any tax or rate;
(c) take, or withdraw from, compromise proceedings under sections 360, 361 and 362 for recovery of expenses or compensation claimed to be due to the Council;
(d) withdraw or compromise any claim for a sum not exceeding one thousand rupees against any person;
(e) defend any suit or other legal proceeding brought against the Council or against the Chairperson or a municipal officer or municipal employee in respect of anything done or omitted to be done by any one of them in his official capacity;
(f) with the approval of the Council admit or compromise any claim, suit or other legal proceeding brought against the Council or against the Chairperson or any officer or other employee in respect of anything done or omitted to be done as aforesaid;
(g) withdraw or compromise any claim against any person in respect of a penalty payable under a contract entered into with such person by the Chairperson on behalf of the Council;
(h) institute and prosecute any suit or other legal proceeding, or with the approval of the Council withdraw from or compromise any suit or any claim for any sum not exceeding five hundred rupees which has been instituted or made in the name of the Council or the Chairperson;
(i) obtain such legal advice and assistance as he from time to time thinks necessary or expedient to obtain or as he may be required by the Council to obtain for any of the purposes mentioned in the foregoing clauses or for securing lawful exercise or discharge of any power or duty vesting in or imposed upon any municipal officer or other municipal employee.
Section 384 Protection of action of the Council, etc.
No suit or prosecution shall be entertained in any court against the Council or against any municipal officer or other municipal employee or against any person acting under the order or direction of the Chairperson or any municipal officer or other municipal employee, for anything which is in good faith done or intended to be done, under this Act or any rule, regulation or bye-law made thereunder.
Section 385 Notice to be given of suits.
(1) No suit shall be instituted against the Council or against the Chairperson or against any municipal officer or other municipal employee or against any person acting under the order or direction of the Chairperson or any municipal officer or other municipal employee, in respect of any act done, or purporting to have been done, in pursuance of this Act or any rule, regulation or bye-law made thereunder until the expiration of two months after notice in writing has been delivered at the municipal office and, in the case of such officer, employee or person, unless notice in writing has also been delivered to him at his office or place of residence, and unless such notice states explicitly the cause of action, the nature of the relief sought, the amount of compensation claimed, and the name and place of residence of the intending plaintiff, and unless the plaint contains a statement that such notice has been so left or delivered.
(2) No suit, such as is described in sub-section (1), shall unless it is a suit for the recovery of immovable property or for a declaration of title thereto, be instituted after the expiry of six months from the date on which the cause of action arises.
(3) Nothing in sub-section (1) shall be deemed to apply to a suit in which the only relief claimed is an injunction of which the object would be defeated by the giving of the notice or the postponement of the institution of the suit.
(2) No suit, such as is described in sub-section (1), shall unless it is a suit for the recovery of immovable property or for a declaration of title thereto, be instituted after the expiry of six months from the date on which the cause of action arises.
(3) Nothing in sub-section (1) shall be deemed to apply to a suit in which the only relief claimed is an injunction of which the object would be defeated by the giving of the notice or the postponement of the institution of the suit.
Section 386 Supplemental provisions respecting rules.
(1) Any rule which the Central Government is empowered to make under this Act may provide that any contravention thereof shall be punishable with fine which may extend to one hundred rupees.
(2) Every rule made under this Act and bye-laws made by the Central Government under section 260 shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or bye-laws or both Houses agree that the rule or bye-laws, should not be made, the rule or bye-laws, shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or bye-laws.
(2) Every rule made under this Act and bye-laws made by the Central Government under section 260 shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or bye-laws or both Houses agree that the rule or bye-laws, should not be made, the rule or bye-laws, shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or bye-laws.
Section 387 Supplemental provisions respecting regulations.
(1) Any regulation which may be made by the Council under this Act may be made by the Central Government within one year of the establishment of the Council; and any regulation so made may be altered or rescinded by the Council in the exercise of its powers under this Act.
(2) No regulation made by the Council under this Act shall have effect until it has been approved by the Central Government and published in the Official Gazette.
(2) No regulation made by the Council under this Act shall have effect until it has been approved by the Central Government and published in the Official Gazette.
Section 388 Power to make bye-laws.
(1) Subject to the provisions of this Act, the Council may, in addition to any bye-laws which it is empowered to make by any other provision of this Act, make bye-laws to provide for all or any of the following matters, namely:--
A. Bye-laws relating to taxation
(1) the maintenance of tax books and registers by the Chairperson and the particulars which such books and registers should contain;
(2) the inspection of and the obtaining of copies and extracts from such books and registers and fees, if any, to be charged for the same;
(3) the publication of rates of taxes as determined by the Council from time to time;
(4) the requisition by the Chairperson of information and returns from persons liable to pay taxes;
(5) the notice to be given to the Chairperson by any person who becomes the owner or possessor of a vehicle or animal in respect of which any tax is payable under this Act;
(6) the wearing of badge by the driver of any such vehicle and the display of number plate on such vehicle;
(7) the submission of returns by persons liable to pay any tax under this Act;
(8) the collection by the registrar or sub-registrar of Delhi appointed under the Registration Act, 1908 (16 of 1908) of the additional stamp duty payable to the Council under this Act, the periodical payment of such duty to the Council and the maintenance by such registrar or sub-registrar of separate accounts in relation thereto;
(9) any other matter relating to the levy, assessment, collection, refund or remission of taxes under this Act.
B. Bye-laws relating to water supply, drainage and sewage collection
(1) the power of the Chairperson to close water works for the supply of water, whether for domestic purposes or not, or for gratuitous use and to prohibit the sale and use of water for purpose of business;
(2) the connection of supply pipes for conveying to any premises a supply of water from a municipal water works;
(3) the making and renewing connections with municipal water works;
(4) the power of the Chairperson to take charge of private connections;
(5) the power of the Chairperson to alter the position of connections;
(6) the equitable distribution of water supplied to occupiers;
(7) the size, material, quality, description and position of the pipes and fittings to be used for the purpose of any connection with or any communication from any municipal water works and the stamping of pipes and fittings and fees for such stamping;
(8) the size, material, quality and description of pipes, cisterns and fittings which are found on an examination under the provisions of this Act to be so defective that they cannot be effectively repaired;
(9) the provision and maintenance of meters when water is supplied by measurement;
(10) the prohibition of fraudulent and unauthorised use of water and the prohibition of fraud in connection with meters;
(11) the maintenance of pipes; cisterns and other water works;
(12) the regulation or prohibition of the discharge or deposit of offensive or obstructive matter, polluted water or other polluted and obnoxious matter into sewers;
(13) the regulation in any manner not specifically provided for in this Act of the construction, alteration, maintenance, preservation, cleaning and repairs of drains, ventilation shafts, pipes, latrines, urinals, cesspools and other drainage works;
(14) the cleansing of drains;
(15) the prohibition of erection of buildings over drains without the permission of the Chairperson;
(16) the connection of private drains with municipal drains;
(17) the location and construction of cesspools;
(18) the covering and ventilation of cesspools;
(19) the period or periods of the day during which trade effluent may be discharged from any trade premises into municipal drains;
(20) the exclusion from trade effluent of all condensing water;
(21) the elimination from trade effluent, before it enters a municipal drain, of any constituent which in the opinion of the Council would either alone or in combination with any matter with which it is likely to come into contact while passing through municipal drains injure or obstruct those drains or make specially difficult or expensive the treatment or disposal of the sewage from those drains;
(22) the maximum quantity of trade effluent which may without any consent or permission, be discharged from any trade premises into municipal drains on any one day and the highest rate at which trade effluent may, without such consent or permission, be discharged from any trade premises into municipal drains;
(23) the regulation of the temperature of trade effluent at the time of its discharge into municipal drains and the securing of the neutrality of trade effluent (that is to say, that it is neither acid nor alkaline) at the time of such discharge;
(24) the charges to be paid to the Council by occupiers of trade premises for the reception of trade effluent into municipal drains and disposal thereof;
(25) the provision and maintenance of such an inspection chamber or mainhole as will enable a person readily to take at any time samples of what is passing into municipal drains from trade premises;
(26) the provision and maintenance of such meters as may be required to measure the volume of any trade effluent being discharged from any trade premises into municipal drains and the testing of such meters.
C. Bye-laws relating to electric supply
(1) all matters relating to the conduct and management in respect of electricity supply;
(2) the provisions for electric sub-stations in New Delhi.
D. Bye-laws relating to streets
(1) the closure of streets when any work is in progress and alternative passage during the progress of such work;
(2) the erections of a temporary nature during festivals;
(3) the setting up of hoards on buildings adjacent to streets during their construction or repair;
(4) the precautions to be taken when permission is granted to any private individual for opening or breaking up any public street and the fees to be paid for the restoration of a street in its original condition;
(5) the permission, regulation or prohibition or use or occupation of any street or place by it, itinerant vendors or hawkers or by any person for the sale of articles or the exercise of any calling or the setting up of any booth or stall and the fees chargeable for such occupation;
(6) any other matter in connection with the construction, repair, maintenance, naming, numbering and lighting of streets for which provision is necessary or should be made.
E. Bye-laws relating to sanitation and public health
(1) the position of latrines and urinals;
(2) the provision of air spaces between latrines and buildings or places used for various purposes;
(3) the white-washing of buildings;
(4) the regulation or prohibition of the stabling or herding of animals or any class of animals so as to prevent danger to public health;
(5) the seizure of ownerless animals straying within the limits of New Delhi and the regulation and control of pounds;
(6) the fixing and regulation of the use of public bathing and washing places;
(7) the prevention of the spread of dangerous disease;
(8) the segregation in or the removal or exclusion from any part of New Delhi or the destruction of animals suffering or reasonably suspected to be suffering from any infectious or contagious disease;
(9) the supervision, regulation, conservation and protection from injury, contamination or trespass, of sources and means of public water supply and of appliances for the distribution of water;
(10) the enforcement of compulsory vaccination and inoculation;
(11) the proper disposal of corpses, the regulation and management of burning and burial places and other places for the disposal of corpses and the fees chargeable for the use of such places where the same are provided or maintained at the expense of the New Delhi Municipal Fund;
(12) the provision of living accommodation for sweepers in buildings newly erected requiring ten or more latrines.
F. Bye-laws relating to vital statistics
(1) the prescribing of qualifications of persons to be appointed as chief registrar, additional chief registrar and registrar under Chapter XVI;
(2) the registration of births and deaths and marriages and taking of a census.
G. Bye-laws relating to public safety and suppression of nuisances The regulation or prohibition for the purpose of sanitation or the prevention of disease or the promotion of public safety or convenience, of any act which occasions or is likely to occasion a nuisance and for the regulation or prohibition of which no provision is made elsewhere by this Act.
H. Bye-laws relating to markets, slaughter houses, trades and occupations
(1) the days on, and hours during which any market or slaughter house may be kept open for use;
(2) the regulation of the design, ventilation and drainage of markets and slaughter house the materials to be used in the construction thereof;
(3) the keeping of markets and the slaughter house and the lands and buildings appertaining thereto in a clean and sanitary condition, the removal of filth, rubbish and other polluted and obnoxious matter therefrom and the supply therein of pure water and of a sufficient number of latrines and urinals for the use of persons using or frequenting the same;
(4) the provision of passages of sufficient width between the stalls in market buildings and market places for the convenient use of the public and the prevention of encroachment of such passages;
(5) the setting apart of separate areas for different classes of article in market buildings and market places;
(6) the proper custody and care of animals for the keeping of which licences are granted under section 327;
(7) the regulation of the import of animals and flesh within New Delhi;
(8) the rendering necessary of licences for the use of premises within New Delhi as stables or cow-houses or as an accommodation for sheep, goat or buffalo and the fees payable, for such licences and the conditions subject to which such licences may be granted, refused, suspended or revoked;
(9) the regulation of sarais, hotels, hostels, guest houses, dak bungalows, lodging houses, boarding houses, buildings, let-in-tenements, residential clubs, restaurants, eating houses, cafes, refreshment rooms and places of public recreation, entertainment or resort;
(10) the control and supervision of places where dangerous or offensive trades are carried on so as to secure cleanliness therein or to minimise injurious, offensive or dangerous effects arising or likely to arise therefrom;
(11) the regulation of the posting of bills and advertisements and of the position, size, shade or style of the name boards, sign boards, hoarding and sign-posts;
(12) the fixation of a method for the sale of articles whether by measure, weight, piece or any other method;
(13) the procedure regarding the grant of permit to establish a factory, workshop or trade premises;
(14) the regulation of smoke in factories, workshops and trade premises;
(15) the regulation of sanitary conditions in factories, workshops, and trade premises;
(16) the regulation of the use in any factory, workshop or trade premises of whistle, trumpet, siren, or horn worked by steam, compressed air, electricity or other mechanical means;
(17) the prevention of nuisance in any market building, market place, or any factory, workshop or trade premises.
I. Bye-laws relating to improvement
(1) the form and content of an improvement scheme or a rehousing scheme;
(2) the procedure to be followed in connection with the framing, submission, approval and sanction of such schemes;
(3) the local enquiries and other hearings that may be held before a scheme is framed, approved or sanctioned;
(4) the alteration of an improvement scheme or a rehousing scheme after approval and sanction.
J. Bye-laws relating to miscellaneous matters
(1) the circumstances and the manner in which owners of land or building in New Delhi temporarily absent therefrom or not resident therein may be required to appoint as their agents for all or any of the purposes of this Act or of any bye-laws made thereunder, persons residing within or near New Delhi;
(2) the maintenance of schools and the furtherance of education generally;
(3) the regulation and control of municipal dispensaries;
(4) the rendering necessary of licences--
(a) for the proprietors or drivers of hackney-carriages; cycle-rickshaws, thelas and rehries kept or plying for hire or used for hawking articles;
(b) for persons working as job-porters for the conveyance of goods;
(5) the classification of cinema theatres for the purpose of the Third Schedule;
(6) any other matter which is to be or may be prescribed by bye-laws made under this Act or in respect of which this Act makes no provisions or makes insufficient provision and provision is, in the opinion of the Council necessary for the efficient municipal government of New Delhi.
(2) Any bye-law which may be made under sub-section (1) may be made by the Central Government within one year of the establishment of the Council, and any bye-law so made may be altered or rescinded by the Council in exercise of its powers under sub-section (1).
A. Bye-laws relating to taxation
(1) the maintenance of tax books and registers by the Chairperson and the particulars which such books and registers should contain;
(2) the inspection of and the obtaining of copies and extracts from such books and registers and fees, if any, to be charged for the same;
(3) the publication of rates of taxes as determined by the Council from time to time;
(4) the requisition by the Chairperson of information and returns from persons liable to pay taxes;
(5) the notice to be given to the Chairperson by any person who becomes the owner or possessor of a vehicle or animal in respect of which any tax is payable under this Act;
(6) the wearing of badge by the driver of any such vehicle and the display of number plate on such vehicle;
(7) the submission of returns by persons liable to pay any tax under this Act;
(8) the collection by the registrar or sub-registrar of Delhi appointed under the Registration Act, 1908 (16 of 1908) of the additional stamp duty payable to the Council under this Act, the periodical payment of such duty to the Council and the maintenance by such registrar or sub-registrar of separate accounts in relation thereto;
(9) any other matter relating to the levy, assessment, collection, refund or remission of taxes under this Act.
B. Bye-laws relating to water supply, drainage and sewage collection
(1) the power of the Chairperson to close water works for the supply of water, whether for domestic purposes or not, or for gratuitous use and to prohibit the sale and use of water for purpose of business;
(2) the connection of supply pipes for conveying to any premises a supply of water from a municipal water works;
(3) the making and renewing connections with municipal water works;
(4) the power of the Chairperson to take charge of private connections;
(5) the power of the Chairperson to alter the position of connections;
(6) the equitable distribution of water supplied to occupiers;
(7) the size, material, quality, description and position of the pipes and fittings to be used for the purpose of any connection with or any communication from any municipal water works and the stamping of pipes and fittings and fees for such stamping;
(8) the size, material, quality and description of pipes, cisterns and fittings which are found on an examination under the provisions of this Act to be so defective that they cannot be effectively repaired;
(9) the provision and maintenance of meters when water is supplied by measurement;
(10) the prohibition of fraudulent and unauthorised use of water and the prohibition of fraud in connection with meters;
(11) the maintenance of pipes; cisterns and other water works;
(12) the regulation or prohibition of the discharge or deposit of offensive or obstructive matter, polluted water or other polluted and obnoxious matter into sewers;
(13) the regulation in any manner not specifically provided for in this Act of the construction, alteration, maintenance, preservation, cleaning and repairs of drains, ventilation shafts, pipes, latrines, urinals, cesspools and other drainage works;
(14) the cleansing of drains;
(15) the prohibition of erection of buildings over drains without the permission of the Chairperson;
(16) the connection of private drains with municipal drains;
(17) the location and construction of cesspools;
(18) the covering and ventilation of cesspools;
(19) the period or periods of the day during which trade effluent may be discharged from any trade premises into municipal drains;
(20) the exclusion from trade effluent of all condensing water;
(21) the elimination from trade effluent, before it enters a municipal drain, of any constituent which in the opinion of the Council would either alone or in combination with any matter with which it is likely to come into contact while passing through municipal drains injure or obstruct those drains or make specially difficult or expensive the treatment or disposal of the sewage from those drains;
(22) the maximum quantity of trade effluent which may without any consent or permission, be discharged from any trade premises into municipal drains on any one day and the highest rate at which trade effluent may, without such consent or permission, be discharged from any trade premises into municipal drains;
(23) the regulation of the temperature of trade effluent at the time of its discharge into municipal drains and the securing of the neutrality of trade effluent (that is to say, that it is neither acid nor alkaline) at the time of such discharge;
(24) the charges to be paid to the Council by occupiers of trade premises for the reception of trade effluent into municipal drains and disposal thereof;
(25) the provision and maintenance of such an inspection chamber or mainhole as will enable a person readily to take at any time samples of what is passing into municipal drains from trade premises;
(26) the provision and maintenance of such meters as may be required to measure the volume of any trade effluent being discharged from any trade premises into municipal drains and the testing of such meters.
C. Bye-laws relating to electric supply
(1) all matters relating to the conduct and management in respect of electricity supply;
(2) the provisions for electric sub-stations in New Delhi.
D. Bye-laws relating to streets
(1) the closure of streets when any work is in progress and alternative passage during the progress of such work;
(2) the erections of a temporary nature during festivals;
(3) the setting up of hoards on buildings adjacent to streets during their construction or repair;
(4) the precautions to be taken when permission is granted to any private individual for opening or breaking up any public street and the fees to be paid for the restoration of a street in its original condition;
(5) the permission, regulation or prohibition or use or occupation of any street or place by it, itinerant vendors or hawkers or by any person for the sale of articles or the exercise of any calling or the setting up of any booth or stall and the fees chargeable for such occupation;
(6) any other matter in connection with the construction, repair, maintenance, naming, numbering and lighting of streets for which provision is necessary or should be made.
E. Bye-laws relating to sanitation and public health
(1) the position of latrines and urinals;
(2) the provision of air spaces between latrines and buildings or places used for various purposes;
(3) the white-washing of buildings;
(4) the regulation or prohibition of the stabling or herding of animals or any class of animals so as to prevent danger to public health;
(5) the seizure of ownerless animals straying within the limits of New Delhi and the regulation and control of pounds;
(6) the fixing and regulation of the use of public bathing and washing places;
(7) the prevention of the spread of dangerous disease;
(8) the segregation in or the removal or exclusion from any part of New Delhi or the destruction of animals suffering or reasonably suspected to be suffering from any infectious or contagious disease;
(9) the supervision, regulation, conservation and protection from injury, contamination or trespass, of sources and means of public water supply and of appliances for the distribution of water;
(10) the enforcement of compulsory vaccination and inoculation;
(11) the proper disposal of corpses, the regulation and management of burning and burial places and other places for the disposal of corpses and the fees chargeable for the use of such places where the same are provided or maintained at the expense of the New Delhi Municipal Fund;
(12) the provision of living accommodation for sweepers in buildings newly erected requiring ten or more latrines.
F. Bye-laws relating to vital statistics
(1) the prescribing of qualifications of persons to be appointed as chief registrar, additional chief registrar and registrar under Chapter XVI;
(2) the registration of births and deaths and marriages and taking of a census.
G. Bye-laws relating to public safety and suppression of nuisances The regulation or prohibition for the purpose of sanitation or the prevention of disease or the promotion of public safety or convenience, of any act which occasions or is likely to occasion a nuisance and for the regulation or prohibition of which no provision is made elsewhere by this Act.
H. Bye-laws relating to markets, slaughter houses, trades and occupations
(1) the days on, and hours during which any market or slaughter house may be kept open for use;
(2) the regulation of the design, ventilation and drainage of markets and slaughter house the materials to be used in the construction thereof;
(3) the keeping of markets and the slaughter house and the lands and buildings appertaining thereto in a clean and sanitary condition, the removal of filth, rubbish and other polluted and obnoxious matter therefrom and the supply therein of pure water and of a sufficient number of latrines and urinals for the use of persons using or frequenting the same;
(4) the provision of passages of sufficient width between the stalls in market buildings and market places for the convenient use of the public and the prevention of encroachment of such passages;
(5) the setting apart of separate areas for different classes of article in market buildings and market places;
(6) the proper custody and care of animals for the keeping of which licences are granted under section 327;
(7) the regulation of the import of animals and flesh within New Delhi;
(8) the rendering necessary of licences for the use of premises within New Delhi as stables or cow-houses or as an accommodation for sheep, goat or buffalo and the fees payable, for such licences and the conditions subject to which such licences may be granted, refused, suspended or revoked;
(9) the regulation of sarais, hotels, hostels, guest houses, dak bungalows, lodging houses, boarding houses, buildings, let-in-tenements, residential clubs, restaurants, eating houses, cafes, refreshment rooms and places of public recreation, entertainment or resort;
(10) the control and supervision of places where dangerous or offensive trades are carried on so as to secure cleanliness therein or to minimise injurious, offensive or dangerous effects arising or likely to arise therefrom;
(11) the regulation of the posting of bills and advertisements and of the position, size, shade or style of the name boards, sign boards, hoarding and sign-posts;
(12) the fixation of a method for the sale of articles whether by measure, weight, piece or any other method;
(13) the procedure regarding the grant of permit to establish a factory, workshop or trade premises;
(14) the regulation of smoke in factories, workshops and trade premises;
(15) the regulation of sanitary conditions in factories, workshops, and trade premises;
(16) the regulation of the use in any factory, workshop or trade premises of whistle, trumpet, siren, or horn worked by steam, compressed air, electricity or other mechanical means;
(17) the prevention of nuisance in any market building, market place, or any factory, workshop or trade premises.
I. Bye-laws relating to improvement
(1) the form and content of an improvement scheme or a rehousing scheme;
(2) the procedure to be followed in connection with the framing, submission, approval and sanction of such schemes;
(3) the local enquiries and other hearings that may be held before a scheme is framed, approved or sanctioned;
(4) the alteration of an improvement scheme or a rehousing scheme after approval and sanction.
J. Bye-laws relating to miscellaneous matters
(1) the circumstances and the manner in which owners of land or building in New Delhi temporarily absent therefrom or not resident therein may be required to appoint as their agents for all or any of the purposes of this Act or of any bye-laws made thereunder, persons residing within or near New Delhi;
(2) the maintenance of schools and the furtherance of education generally;
(3) the regulation and control of municipal dispensaries;
(4) the rendering necessary of licences--
(a) for the proprietors or drivers of hackney-carriages; cycle-rickshaws, thelas and rehries kept or plying for hire or used for hawking articles;
(b) for persons working as job-porters for the conveyance of goods;
(5) the classification of cinema theatres for the purpose of the Third Schedule;
(6) any other matter which is to be or may be prescribed by bye-laws made under this Act or in respect of which this Act makes no provisions or makes insufficient provision and provision is, in the opinion of the Council necessary for the efficient municipal government of New Delhi.
(2) Any bye-law which may be made under sub-section (1) may be made by the Central Government within one year of the establishment of the Council, and any bye-law so made may be altered or rescinded by the Council in exercise of its powers under sub-section (1).
Section 389 Regulations and bye-laws to be laid before Parliament.
The Central Government shall cause every regulation made under this Act and every bye-law made under section 388 to be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or bye-law or both Houses agree that the regulation or bye-law should not be made, the regulation or bye-law shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation or bye-law.
Section 390 Penalty for breaches of bye-laws.
(1) Any bye-law made under this Act may provide that a contravention thereof shall be punishable--
(a) with fine which may extend to five hundred rupees; and
(b) with fine which may extend to five hundred rupees and in the case of a continuing contravention, with an additional fine which may extend to twenty rupees for every day during which such contravention continues after conviction for the first such contravention;
(c) with fine which may extend to twenty rupees for every day during which the contravention continues, after the receipt of a notice from the Chairperson or any municipal officer duly authorised in that behalf, by the person contravening the bye-law requiring such person to discontinue such contravention:
Provided that a contravention of any bye-law relating to the road transport services may be punishable with imprisonment which may extend to three months, or with fine which may extend to fifteen hundred rupees, or with both.
(2) Any such bye-law may also provide that a person contravening the same shall be required to remedy so far as lies in his power, the mischief, if any, caused by such contravention.
(a) with fine which may extend to five hundred rupees; and
(b) with fine which may extend to five hundred rupees and in the case of a continuing contravention, with an additional fine which may extend to twenty rupees for every day during which such contravention continues after conviction for the first such contravention;
(c) with fine which may extend to twenty rupees for every day during which the contravention continues, after the receipt of a notice from the Chairperson or any municipal officer duly authorised in that behalf, by the person contravening the bye-law requiring such person to discontinue such contravention:
Provided that a contravention of any bye-law relating to the road transport services may be punishable with imprisonment which may extend to three months, or with fine which may extend to fifteen hundred rupees, or with both.
(2) Any such bye-law may also provide that a person contravening the same shall be required to remedy so far as lies in his power, the mischief, if any, caused by such contravention.
Section 391 Supplemental provisions respecting bye-laws.
(1) Any power to make bye-laws conferred by this Act is conferred subject to the condition of the bye-laws being made after previous publication and in the case of such bye-laws being made by the Council of their not taking effect until they have been approved by the Government and published in the Official Gazette.
(2) The Government in approving a bye-law may make any change therein which appears to it to be necessary.
(3) The Government may, after previous publication of its intention, cancel any bye-law which it has approved, and thereupon the bye-law shall cease to have effect.
(2) The Government in approving a bye-law may make any change therein which appears to it to be necessary.
(3) The Government may, after previous publication of its intention, cancel any bye-law which it has approved, and thereupon the bye-law shall cease to have effect.
Section 392 Bye-laws to be available for inspection and purchase.
(1) A copy of all bye-laws made under this Act shall be kept at the municipal office and shall, during office hours, be open free of charge to inspection by any inhabitant of New Delhi.
(2) Copies of all such bye-laws shall be kept at the municipal office and shall be sold to the public at cost price either singly or in collections at the option of the purchaser.
(2) Copies of all such bye-laws shall be kept at the municipal office and shall be sold to the public at cost price either singly or in collections at the option of the purchaser.
Section 393 Government to require production of documents.
The Central Government may at any time require the Chairperson--
(a) to produce any record, correspondence, plan or other document in his possession or under his control;
(b) to furnish any return, plan, estimate, statement, account or statistics relating to the proceedings, duties or works of the Council;
(c) to furnish or obtain and furnish any report.
(a) to produce any record, correspondence, plan or other document in his possession or under his control;
(b) to furnish any return, plan, estimate, statement, account or statistics relating to the proceedings, duties or works of the Council;
(c) to furnish or obtain and furnish any report.
Section 394 Inspection.
The Central Government may depute any person in the service of that Government to inspect or examine any municipal department or office or any service or work undertaken by the Council or any property belonging to the Council and to report thereon and the Council, the Chairperson and all municipal officers and other municipal employees shall be bound to afford the person so deputed access at all reasonable time to the premises and properties of the Council and to all records, accounts and other documents the inspection of which he may consider necessary to enable him to discharge his duties.
Section 395 Directions by Central Government.
If, whether on receipt of a report or on receipt of any information or report obtained under section 393 or section 394 or otherwise, the Central Government is of opinion,--
(a) that any duty imposed on the Council by or under this Act has not been performed or has been performed in an imperfect, insufficient or unsuitable manner; or
(b) that adequate financial provision has not been made for the performance of any such duty,
it may direct the Council within such period as it thinks fit, to make arrangements to its satisfaction for the proper performance of the duty, or as the case may be, to make financial provision, to its satisfaction for the performance of the duty and the Council shall comply with such direction:
Provided that unless in the opinion of the Central Government the immediate execution of such order is necessary, it shall before making any direction under this section give the Council an opportunity of showing cause why such direction should not be made.
(a) that any duty imposed on the Council by or under this Act has not been performed or has been performed in an imperfect, insufficient or unsuitable manner; or
(b) that adequate financial provision has not been made for the performance of any such duty,
it may direct the Council within such period as it thinks fit, to make arrangements to its satisfaction for the proper performance of the duty, or as the case may be, to make financial provision, to its satisfaction for the performance of the duty and the Council shall comply with such direction:
Provided that unless in the opinion of the Central Government the immediate execution of such order is necessary, it shall before making any direction under this section give the Council an opportunity of showing cause why such direction should not be made.
Section 396 Power to provide for enforcement of direction under section 395.
If, within the period fixed by a direction made under section 395, any action the taking of which has been directed under that section has not been duly taken, the Central Government may make arrangements for the taking of such action and may direct that all expenses connected therewith shall be defrayed out of the New Delhi Municipal Fund.