The New Delhi Municipal Council Act, 1994
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 397 Power of Central Government to give directions in relation to primary schools, etc.
(1) The Central Government may give the Council all such directions as it considers necessary in respect of subjects, curricula, text books, standards and methods of teaching in primary schools vested in the Council or maintained wholly or partly by grants paid out of the New Delhi Municipal Fund and in respect of such other matters as that Government considers necessary and the Council shall comply with all such directions.
(2) It shall be lawful for any officer appointed by the Central Government in this behalf to inspect any such school; and all reasonable facilities shall be given to such officer in connection with the inspection.
(3) The Central Government, after considering the report of inspection made by such officer, may give the Council such directions as it considers necessary and the Council shall comply with such directions
(2) It shall be lawful for any officer appointed by the Central Government in this behalf to inspect any such school; and all reasonable facilities shall be given to such officer in connection with the inspection.
(3) The Central Government, after considering the report of inspection made by such officer, may give the Council such directions as it considers necessary and the Council shall comply with such directions
Section 398 Dissolution of the Council.
(1) If, in the opinion of the Central Government, the Council is not competent to perform, or persistently makes default--
(a) in the performance of, the duties imposed on it by or under this Act or any other law, or exceeds or abuses its power; or
(b) fails to deliver efficient service to the public and generally in regard to the municipal administration; or
(c) to comply with the directions given to the Council by the Central Government in regard to matters relating to clauses (a) and (b), the Central Government may by an order published, together with a statement of the reasons therefor, in the Official Gazette, dissolve the Council:
Provided that the Council shall be given reasonable opportunity of being heard before its dissolution.
(2) When the Council is dissolved by an order under sub-section (1)--
(a) all members shall, on the date of dissolution, vacate their offices as such members;
(b) during the period of dissolution of the Council, all powers and duties conferred and imposed upon the Council by or under this Act or any other law, shall be exercised and performed by such officer or authority as the Central Government may appoint in that behalf; and
(c) all property vested in the Council shall, until it is reconstituted, vest in the Central Government.
(3) An order of dissolution made under this section together with a statement of the reasons therefor shall be laid before each House of Parliament and the Legislative Assembly of the National Capital Territory of Delhi as soon as may be, after it has been made.
(a) in the performance of, the duties imposed on it by or under this Act or any other law, or exceeds or abuses its power; or
(b) fails to deliver efficient service to the public and generally in regard to the municipal administration; or
(c) to comply with the directions given to the Council by the Central Government in regard to matters relating to clauses (a) and (b), the Central Government may by an order published, together with a statement of the reasons therefor, in the Official Gazette, dissolve the Council:
Provided that the Council shall be given reasonable opportunity of being heard before its dissolution.
(2) When the Council is dissolved by an order under sub-section (1)--
(a) all members shall, on the date of dissolution, vacate their offices as such members;
(b) during the period of dissolution of the Council, all powers and duties conferred and imposed upon the Council by or under this Act or any other law, shall be exercised and performed by such officer or authority as the Central Government may appoint in that behalf; and
(c) all property vested in the Council shall, until it is reconstituted, vest in the Central Government.
(3) An order of dissolution made under this section together with a statement of the reasons therefor shall be laid before each House of Parliament and the Legislative Assembly of the National Capital Territory of Delhi as soon as may be, after it has been made.
Section 399 Delegation of power by the Central Government.
The Central Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act shall, subject to such conditions, if any, as may be specified in the notification be exercisable by the Government or any of its officers or by the Chairperson or any other authority.
Section 400 Power to delegate functions of Chairperson.
The Central Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act shall, subject to such conditions, if any, as may be specified in the notification be exercisable by the Government or any of its officers or by the Chairperson or any other authority.
Section 401 Validity of notices and other documents.
No notice, order, requisition, licence, permission in writing or any other document issued under this Act shall be invalid merely by reason of defect of form.
Section 402 Admissibility of document or entry as evidence.
A copy of any receipt, application, plan, notice, order or other document or of any entry in a register in the possession of the Council or the Chairperson shall, if duly certified by the legal keeper thereof or other person authorised by the Chairperson in this behalf, be admissible in evidence of the existence of the document or entry, and shall be admitted as evidence of the matters and transactions therein recorded in every case where, and to the same extent to which, the original document or entry would, if produced, have been admissible to prove such matters and transactions.
Section 403 Evidence of Municipal officer or employee.
No municipal officer or other municipal employee shall, in any legal proceedings to which the Council is not a party, be required to produce any register or document the contents of which can be proved under section 402 by a certified copy, or to appear as a witness to prove any matter or transaction recorded therein save by order of the court made for special cause.
Section 404 Prohibition against obstruction of any municipal authority.
No person shall obstruct or molest the Council or the Chairperson or the Vice-Chairperson or any member or any person employed by the Council or any person with whom the Chairperson has entered into a contract on behalf of the Council in the performance of their duty or of anything which they are empowered or required to do by virtue or in consequence of any provision of this Act or of any rule, regulation or bye-law made thereunder.
Section 405 Prohibition against removal of mark.
No person shall remove any mark set up for the purpose of indicating any level or direction incidental to the execution of any work authorised by this Act or of any rule or bye-law made thereunder.
Section 406 Prohibition against removal or obliteration of notice.
No person shall, without authority in that behalf, remove, destroy, deface or otherwise obliterate any notice exhibited by or under orders of the Council or the Chairperson or any municipal officer or other municipal employee specified by the Chairperson in this behalf.
Section 407 Prohibition against unauthorised dealings with public place or materials.
No person shall, without authority in that behalf, remove earth, sand or other material or deposit any matter or make any encroachment from, in or on any land vested in the Council or in any way obstruct the same.
Section 408 Liability of Chairperson, etc., for loss, waste or misapplication of New Delhi Municipal Fund or property.
(1) Every member, Chairperson, and every municipal officer and other municipal employee shall be liable for the loss, waste, or misapplication of any money or other property owned by or vested in the Council, if such loss, waste or misapplication is a direct consequence of his neglect or misconduct and a suit for compensation may be instituted against him by the Council with the previous sanction of the Central Government or by the Government.
(2) Every such suit shall be instituted within three years after the date on which the cause of action arose.
(2) Every such suit shall be instituted within three years after the date on which the cause of action arose.
Section 409 Members and municipal officers and employees to be public servants.
Every member, the Chairperson, and every municipal officer and other municipal employee shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860), and in the definition of "legal remuneration" in section 161 of that Code the word "Government" shall, for the purpose of this section, be deemed to include the Council.
Section 410 Annual administration report.
(1) As soon as may be after the first day of April in every year and not later than such date as may be fixed by the Central Government in this behalf, the Council shall submit to that Government a detailed report of the municipal government of New Delhi during the preceding year in such form as that Government may direct.
(2) The Chairperson shall prepare such report and the Council shall consider it and forward the same to the Central Government with its resolution thereon, if any.
(3) Copies of the report shall be kept for sale at the municipal office.
(2) The Chairperson shall prepare such report and the Council shall consider it and forward the same to the Central Government with its resolution thereon, if any.
(3) Copies of the report shall be kept for sale at the municipal office.
Section 411 Other laws not to be disregarded.
Save as provided in this Act nothing contained in this Act shall be construed as authorising the disregard by the Council or the Chairperson or any municipal officer or other municipal employee of any laws for the time being in force.
Section 412 Exemption of diplomatic or consular missions from payment of tax, etc.
The Central Government may, by order in the Official Gazette, exempt from the payment of any tax, rate, fee or other charge payable under the provisions of this Act, any diplomatic or consular mission of a foreign State or the High Commission of a Commonwealth country and any official of such mission or High Commission.
Section 413 Construction of references.
After the establishment of the Council any reference in any enactment, rule, bye-law, order, scheme, notification or other instrument having the force of law, to New Delhi Municipal Committee shall, unless the context or subject otherwise requires, be construed as a reference to the Council.
Section 414 Council to undertake work on agency basis.
Notwithstanding anything contained in any other provision of this Act, the Council may on such terms and conditions as may be determined by agreement between the Council and any other authority, body or person, carry out any work which is not connected with its functions on agency basis.
Section 415 Power to remove difficulties.
If any difficulty arises in relation to the transition from the provisions of any of the laws repealed by this Act, or in giving effect to the provisions of this Act, the Central Government may, by order as occasion requires, do anything which appears to it to be necessary for the purpose of removing the difficulty:
Provided that no such order shall be made after the expiration of two years from the date of establishment of the Council.
Provided that no such order shall be made after the expiration of two years from the date of establishment of the Council.
Section 416 Repeal and savings.
(1) As from the date of the establishment of the Council, the Punjab Municipal Act, 1911 (Punjab Act 3 of 1911), as applicable to New Delhi, shall cease to have effect within New Delhi.
(2) Notwithstanding the provisions of sub-section (1) of this section,--
(a) any appointment, notification, order, scheme, rule, form, notice or bye-law made or issued, and any licence or permission granted under the Act referred to in sub-section (1) of this section and in force immediately before the establishment of the Council, shall, in so far as it is not inconsistent with the provisions of this Act continue in force and be deemed to have been made, issued or granted, under the provisions of this Act, unless and until it is superseded by any appointment, notification, order, scheme, rule, form, notice or bye-law made or issued or any licence or permission granted under the said provisions;
(b) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the New Delhi Municipal Committee before the establishment of the Council shall be deemed to have been incurred, entered into or engaged to be done by, with or for the Council under this Act;
(c) all budget estimates, assessments, valuations, measurements or divisions made by the New Delhi Municipal Committee shall in so far as they are not inconsistent with the provisions of this Act, continue in force and be deemed to have been made under the provisions of this Act unless and until they are superseded by any budget estimate, assessment, valuation, measurement or division made by the Council under the said provisions;
(d) all properties, movable and immovable and all interests of whatsoever nature and kind therein, vested in the New Delhi Municipal Committee immediately before the establishment of the Council shall with all rights of whatsoever description, use, enjoyed or possessed by New Delhi Municipal Committee vest in the Council;
(e) all rates, taxes, fees, rents and other sums of money due to the New Delhi Municipal Committee immediately before the establishment of the Council shall be deemed to be due to the Council;
(f) all rates, taxes, fees, rents, fares and other charges shall, until and unless they are varied by the Council continue to be levied at the same rate at which they were being levied by the New Delhi Municipal Committee immediately before the commencement of this Act;
(g) all suits, prosecutions and other legal proceedings instituted or which might have been instituted by or against the New Delhi Municipal Committee may be continued or instituted by or against the Council.
(2) Notwithstanding the provisions of sub-section (1) of this section,--
(a) any appointment, notification, order, scheme, rule, form, notice or bye-law made or issued, and any licence or permission granted under the Act referred to in sub-section (1) of this section and in force immediately before the establishment of the Council, shall, in so far as it is not inconsistent with the provisions of this Act continue in force and be deemed to have been made, issued or granted, under the provisions of this Act, unless and until it is superseded by any appointment, notification, order, scheme, rule, form, notice or bye-law made or issued or any licence or permission granted under the said provisions;
(b) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the New Delhi Municipal Committee before the establishment of the Council shall be deemed to have been incurred, entered into or engaged to be done by, with or for the Council under this Act;
(c) all budget estimates, assessments, valuations, measurements or divisions made by the New Delhi Municipal Committee shall in so far as they are not inconsistent with the provisions of this Act, continue in force and be deemed to have been made under the provisions of this Act unless and until they are superseded by any budget estimate, assessment, valuation, measurement or division made by the Council under the said provisions;
(d) all properties, movable and immovable and all interests of whatsoever nature and kind therein, vested in the New Delhi Municipal Committee immediately before the establishment of the Council shall with all rights of whatsoever description, use, enjoyed or possessed by New Delhi Municipal Committee vest in the Council;
(e) all rates, taxes, fees, rents and other sums of money due to the New Delhi Municipal Committee immediately before the establishment of the Council shall be deemed to be due to the Council;
(f) all rates, taxes, fees, rents, fares and other charges shall, until and unless they are varied by the Council continue to be levied at the same rate at which they were being levied by the New Delhi Municipal Committee immediately before the commencement of this Act;
(g) all suits, prosecutions and other legal proceedings instituted or which might have been instituted by or against the New Delhi Municipal Committee may be continued or instituted by or against the Council.