Vidhi Codex

THE NEW DELHI MUNICIPAL COUNCIL ACT, 1994

The New Delhi Municipal Council Act, 1994

Infrastructure1994420 sections23 chapters

The New Delhi Municipal Council Act, 1994, establishes a dedicated local government body to manage the municipal affairs of New Delhi. It applies to all residents, property owners, and businesses operating within the capital's municipal boundaries. The law regulates vital daily services, including water and electricity distribution, street maintenance, public sanitation, building construction, and local tax collection. This legislation matters because it provides the legal framework to maintain civic infrastructure and public health services in India's capital. By organizing local administration, it directly ensures a structured, safe, and functioning environment for the citizens and central administrative institutions of the capital region.

Start reading →Read full ActSections

Chapter I PRELIMINARY →

  1. 1Short title, extent and commencement
  2. 2Definitions

Chapter II THE COUNCIL →

  1. 3Establishment of the Council
  2. 4Composition of the Council
  3. 5Duration of the Council
  4. 6Disqualification for membership of the Council
  5. 7Oath or affirmation
  6. 8Vacation of seat
  7. 9Setting-up of committees

Chapter III FUNCTIONS OF THE COUNCIL →

  1. 10General powers of the Council
  2. 11Obligatory functions of the Council
  3. 12Discretionary functions of the Council

Chapter IV THE CHAIRPERSON →

  1. 13Appointment, etc., of the Chairperson
  2. 14Leave of absence of Chairperson
  3. 15Appointment of officiating Chairperson in case of death, resignation or removal of Chairperson
  4. 16Salary and allowances of the Chairperson and members
  5. 17Service regulations of members
  6. 18Functions of the Chairperson
  7. 19Chairperson not to be interested in any contract, etc., with the Council
  8. 20Exercise of powers to be subject to sanction

Chapter V PROCEDURE →

  1. 21Meetings
  2. 22First meeting of the Council
  3. 23Notice of meetings and business
  4. 24Quorum
  5. 25Presiding Officer
  6. 26Method of deciding questions
  7. 27Members not to vote on matter in which they are interested
  8. 28Right to attend meetings of Council and its committees, etc., and right of members to ask questions in relation to the municipal government of New Delhi
  9. 29Keeping of minutes and proceedings
  10. 30Circulation of minutes and inspection of minutes and reports of proceedings
  11. 31Forwarding minutes and reports of proceedings to the Administrator
  12. 32Validation of proceedings, etc

Chapter VI MUNICIPAL OFFICERS AND OTHER MUNICIPAL EMPLOYEES →

  1. 33Appointment of certain officers
  2. 34Schedule of permanent posts and creation of temporary posts
  3. 35Restriction on employment of permanent officers and other employees
  4. 36Power to make appointments
  5. 37Officers and other employees not to undertake any extraneous work
  6. 38Officers and other employees not to be interested in any contract, etc., with the Council
  7. 39Punishment for municipal officers and other employees
  8. 40Consultation with the Union Public Service Commission
  9. 41Power of Commission to make regulations and reference to the Central Government in case of difference between the Commission and the Council
  10. 42Recruitment to category B and category C posts
  11. 43Power of Council to make regulations

Chapter VII REVENUE AND EXPENDITURE →

  1. 44Constitution of the New Delhi Municipal Fund
  2. 45New Delhi Municipal Fund to be kept in the State Bank of India
  3. 46Operation of the Accounts
  4. 47Payments not to be made unless covered by a budget-grant
  5. 48Duty of persons signing cheques
  6. 49Procedure when money not covered by a budget-grant is expended
  7. 50Application of New Delhi Municipal Fund
  8. 51Temporary payments from the New Delhi Municipal Fund for works urgently required for the public service
  9. 52Investment of surplus moneys
  10. 53Constitution of Finance Commission
  11. 54Constitution of special funds
  12. 55Adoption of budget estimates
  13. 56Power of Council to alter budget estimates
  14. 57Power of Council to re-adjust income and expenditure during the year
  15. 58Accounts to be kept
  16. 59Audit

Chapter VIII TAXATION →

  1. 60Taxes to be imposed by the Council under this Act
  2. 61Rates of property tax
  3. 62Premises in respect of which property tax is to be levied
  4. 63Determination of rateable value of lands and buildings assessable to property tax
  5. 64Charge for supply of water
  6. 65Taxation of Union properties
  7. 66Incidence of property tax
  8. 67Apportionment of liability for property tax when the premises are let or sub-let
  9. 68Recovery of property tax from occupiers
  10. 69Property tax a first charge on premises on which it is assessed
  11. 70Assessment list
  12. 71Evidential value of assessment list
  13. 72Amendment of assessment list
  14. 73Preparation of new assessment list
  15. 74Notice of transfers
  16. 75Notice of erection of building, etc
  17. 76Notice of demolition or removal of buildings
  18. 77Power of Chairperson to call for information and returns and to enter and inspect premises
  19. 78Premises owned by, or let to two or more persons in severalty to be ordinarily assessed as one property
  20. 79Assessment in case of amalgamation of premises
  21. 80Power of Chairperson to assess separately outhouses and portions of buildings
  22. 81Power of Chairperson to employ valuers
  23. 82Tax on certain vehicles and animals and rates thereof
  24. 83The tax on whom leviable
  25. 84Tax when payable
  26. 85Power of Chairperson to compound with livery stable keeper, etc., for tax
  27. 86Theatre-tax
  28. 87Liability to pay theatre-tax
  29. 88Tax on advertisements
  30. 89Prohibition of advertisements without written permission of the Chairperson
  31. 90Permission of the Chairperson to become void in certain cases
  32. 91Presumption in case of contravention
  33. 92Power of Chairperson in case of contravention
  34. 93Duty on transfer of property and method of assessment thereto
  35. 94Provisions applicable on the introduction of transfer duty
  36. 95Tax on building applications
  37. 96Imposition of other taxes
  38. 97Supplementary taxation
  39. 98Time and manner of payment of taxes
  40. 99Presentation of bill
  41. 100Notice of demand and notice fee
  42. 101Penalty in case of default of payment of taxes
  43. 102Recovery of tax
  44. 103Distress
  45. 104Disposal of distrained property and attachment and sale of immovable property
  46. 105Recovery from a person about to leave New Delhi or Delhi
  47. 106Power to institute suit for recovery
  48. 107Power of seizure of vehicles and animals in case of non-payment of tax thereon
  49. 108Occupiers may be required to pay rent towards satisfaction of property tax
  50. 109Demolition, etc., of buildings
  51. 110Remission or refund of tax
  52. 111Power to require entry in assessment list of details of buildings
  53. 112Notice to be given of the circumstances in which remission or refund is claimed
  54. 113What buildings are to be deemed vacant
  55. 114Notice to be given of every occupation of vacant land or building
  56. 115Appeal against assessment, etc
  57. 116Conditions of right to appeal
  58. 117Condonation of delay in preferring the appeal
  59. 118Finality of appellate orders
  60. 119Power to inspect for purposes of determining rateable value or tax
  61. 120Composition
  62. 121Irrecoverable debts
  63. 122Obligation to disclose liability
  64. 123Immaterial error not to affect liability
  65. 124General power of exemption
  66. 125Payment of proceeds of entertainment and betting taxes to Council

Chapter IX BORROWING →

  1. 126Power of Council to borrow
  2. 127Time for repayment of money borrowed under section 126
  3. 128Form and effect of debenture
  4. 129Payment to survivors of joint payees
  5. 130Receipt by joint holders for interest or dividend
  6. 131Maintenance and investment of sinking funds
  7. 132Application of sinking funds
  8. 133Annual statement by Chairperson
  9. 134Power of Council to consolidate loans
  10. 135Priority of payment for interest and repayment of loans over other payments
  11. 136Power to make regulations

Chapter X PROPERTY AND CONTRACTS →

  1. 137Acquisition of property
  2. 138Acquisition of immovable property by agreement
  3. 139Procedure when immovable property cannot be acquired by agreement
  4. 140Disposal of movable property
  5. 141Disposal of immovable property
  6. 142Contracts by the Council
  7. 143Procedure for making contracts
  8. 144Mode of executing contracts

Chapter XI WATER SUPPLY, DRAINAGE AND SEWAGE COLLECTION →

  1. 145Definitions
  2. 146Council may carry out surveys and formulate proposals
  3. 147Functions in relation to water supplies
  4. 148Water supplied for domestic purposes not to be used for non-domestic purposes
  5. 149Supply of water for domestic purposes not to include any supply for certain specified purposes
  6. 150Power to supply water for non-domestic purposes
  7. 151Use of water for extinguishing fire
  8. 152Power to require water supply to be taken
  9. 153New premises not to be occupied without arrangement for water supply
  10. 154Public gratuitous water supply
  11. 155Power to lay mains
  12. 156Power to lay service pipes, etc
  13. 157Provision of fire hydrants
  14. 158Supply of water
  15. 159Laying of supply pipes, etc
  16. 160Power to require separate service pipes
  17. 161Stopcocks
  18. 162Power of Chairperson to provide meters
  19. 163Presumption as to correctness of meters
  20. 164Prohibition of waste or misuse of water
  21. 165Power to enter premises to detect waste or misuse of water
  22. 166Power to test water fittings
  23. 167Power to close or restrict use of water from polluted source of supply
  24. 168Water pipes, etc., not to be placed where water will be polluted
  25. 169Power to cut off private water supply or to turn off water
  26. 170Joint and several liability of owners and occupiers for offence in relation to water supply
  27. 171Public drains, etc., to vest in the Council
  28. 172Control of drains and sewage collection works
  29. 173Certain matters not to be passed into municipal drains
  30. 174Application by owners and occupiers to drain into municipal drains
  31. 175Drainage of and drained premises
  32. 176New premises not to be erected without drains
  33. 177Power to drain group or block of premises by combined operations
  34. 178Power of Chairperson to close or limit the use of private drains in certain cases
  35. 179Use of drain by a person other than the owner
  36. 180Sewage and rain water drains to be distinct
  37. 181Power of Chairperson to require owner to carry out certain works for satisfactory drainage
  38. 182Appointment of places for the emptying of drains and collection of sewage
  39. 183Connection with water works and drains not to be made without permission
  40. 184Building, railways and private streets not to be erected or constructed over drains or water works without permission
  41. 185Rights of user of property for aqueducts, lines, etc
  42. 186Power of owner of premises to place pipes and drains through land belonging to other persons
  43. 187Power to require railway level, etc., to be raised or lowered
  44. 188Power of Chairperson to execute work after giving notice to the person liable
  45. 189Power of Chairperson to affix shafts, etc., for ventilation of drain or cesspool
  46. 190Power of Chairperson to examine and test drains, etc., believed to be defective
  47. 191Bulk receipt of water and delivery of sewage by the Council
  48. 192Employment of Government agencies for repairs, etc
  49. 193Work to be done by licensed plumber
  50. 194Prohibition of certain acts

Chapter XII ELECTRICITY SUPPLY →

  1. 195Functions in relation to electricity supply
  2. 196Additional functions in relation to electricity supply
  3. 197Council to have powers and obligations of licensee under Act 9 of 1910
  4. 198Restriction on building and other acts interfering with the works of electric supply
  5. 199Power of Council to make arrangements with licensees
  6. 200Charges for supply of electricity
  7. 201Bulk receipt of electricity by the Council

Chapter XIII STREETS →

  1. 202Vesting of public streets in the Council
  2. 203Functions of Chairperson in respect of public streets
  3. 204Disposal of land forming site of public streets permanently closed
  4. 205Power to make new public streets
  5. 206Minimum width of new public streets
  6. 207Power to prohibit or regulate use of public streets for certain kind of traffic
  7. 208Power to acquire lands and buildings for public streets and for public parking places
  8. 209Defining the regular line of streets
  9. 210Setting back building to regular line of street
  10. 211Compulsory setting back of building to regular line of street
  11. 212Acquisition of open land and land occupied by platform, etc., within the regular line of street
  12. 213Acquisition of the remaining part of a building and land after their portions within a regular line of street have been acquired
  13. 214Setting forward of buildings to the regular line of street
  14. 215Compensation to be paid in certain cases of setting back or setting forward of buildings, etc
  15. 216Owner’s obligation when dealing with land as building sites
  16. 217Lay-out plans
  17. 218Alteration or demolition of street made in breach of section 217
  18. 219Power of Chairperson to order work to be carried out or to carry it out himself in default
  19. 220Right of owner to require streets to be declared public
  20. 221Prohibition of projections upon streets, etc
  21. 222Projections over streets may be permitted in certain cases
  22. 223Ground floor doors, etc., not to open outwards on streets
  23. 224Prohibition of structures or fixtures which cause obstruction in street
  24. 225Prohibition of deposit, etc., of things in streets
  25. 226Power to remove anything deposited or exposed for sale in contravention of this Act
  26. 227Prohibition of the tethering of animals and milking of cattle
  27. 228Precautions during repair of streets
  28. 229Streets not to be opened or broken up and building materials not to be deposited thereon without permission
  29. 230Disposal of things removed under this Chapter
  30. 231Naming and numbering of streets
  31. 232Chairperson to take steps for repairing or enclosing dangerous places
  32. 233Measures for lighting
  33. 234Prohibition of removal, etc., of lamps

Chapter XIV BUILDING REGULATIONS →

  1. 235General superintendence, etc., of the Central Government
  2. 236Definition
  3. 237Prohibition of building without sanction
  4. 238Erection of building
  5. 239Applications for additions to, or repairs of, buildings
  6. 240Conditions of valid notice
  7. 241Sanction or refusal of building or work
  8. 242When building or work may be proceeded with
  9. 243Sanction accorded under misrepresentation
  10. 244Buildings at corners of streets
  11. 245Provisions as to buildings and works on either side of new streets
  12. 246Period for completion of building or work
  13. 247Order of demolition and stoppage of buildings or works in certain cases and appeal
  14. 248Order of stoppage of buildings or works in certain cases
  15. 249Power of Chairperson to require alteration of work
  16. 250Power to seal unauthorised constructions
  17. 251Completion certificates
  18. 252Restrictions on uses of buildings
  19. 253Appellate Tribunal
  20. 254Appeals against certain orders or notices issued under the Act
  21. 255Procedure of the Appellate Tribunal
  22. 256Appeal against orders of Appellate Tribunal
  23. 257Bar of jurisdiction of courts
  24. 258Removal of dangerous buildings
  25. 259Power to order building to be vacated in certain circumstances
  26. 260Power of the Central Government to make bye-laws

Chapter XV SANITATION AND PUBLIC HEALTH →

  1. 261Provision for daily cleansing of streets and removal of rubbish and filth
  2. 262Rubbish, etc., to be the property of the Council
  3. 263Provision or appointment of receptacles, depots and places for rubbish, etc
  4. 264Duty of owners and occupiers to collect and deposit rubbish, etc.
  5. 265Collection and removal of filth and polluted matter
  6. 266Removal of rubbish, etc., accumulated on premises used as factories, workshop, etc
  7. 267Prohibition against accumulation of rubbish, etc
  8. 268Prohibition in respect of air pollutant
  9. 269Chairperson’s power to get premises scavenged and cleansed
  10. 270Public latrines, urinals, etc
  11. 271Construction of latrines and urinals
  12. 272Latrines and urinals, etc., in new buildings
  13. 273Latrines and urinals for labourers, etc
  14. 274Provision of latrines and urinals for markets, etc
  15. 275Other provisions as to private latrines
  16. 276Removal of congested buildings
  17. 277Power of Chairperson to require improvement of building unfit for human habitation
  18. 278Enforcement of notice requiring execution of works of improvement
  19. 279Power of Chairperson to order demolition of buildings unfit for human habitation
  20. 280Insanitary huts and sheds
  21. 281Prohibition against washing by washerman
  22. 282Obligation to give information of dangerous disease
  23. 283Removal to hospital of patients, suffering from dangerous disease
  24. 284Disinfection of buildings and articles
  25. 285Destruction of infectious huts or sheds
  26. 286Means of disinfection
  27. 287Special measures in case of outbreak of dangerous or epidemic diseases
  28. 288Infected clothes not to be sent to washerman or to laundry
  29. 289Contamination and disinfection of public conveyance
  30. 290Driver of conveyance not bound to carry persons suffering from dangerous disease
  31. 291Disinfection of buildings before letting the same
  32. 292Disposal of infected articles without disinfection
  33. 293Prohibition of making or selling of food, etc., or washing of clothes by infected persons
  34. 294Power to restrict or prohibit sale of food or drink
  35. 295Control over wells and tanks, etc
  36. 296Duty of persons suffering from dangerous disease
  37. 297Disposal of infectious corpses where any person has died from any dangerous disease
  38. 298Conditions of service of sweepers and certain other class of persons employed in municipal service
  39. 299Conditions of service of sweepers employed for doing house scavenging
  40. 300Power to call for information regarding burning and burial grounds
  41. 301Permission for use of new burning or burial ground
  42. 302Power to require closing of burning and burial grounds
  43. 303Removal of corpses
  44. 304Disposal of dead animals

Chapter XVI VITAL STATISTICS →

  1. 305Appointment of Chief Registrar, etc.
  2. 306Duties of registrar
  3. 307Information of births and deaths

Chapter XVII PUBLIC SAFETY AND SUPPRESSION OF NUISANCES →

  1. 308Prohibition of nuisances
  2. 309Power of Chairperson to require removal or abatement of nuisance
  3. 310Registration and control of dogs
  4. 311Stacking or collecting inflammable materials
  5. 312Care of naked lights
  6. 313Discharging fire works, fire-arms, etc.
  7. 314Power to require buildings, wells, etc., to be rendered safe
  8. 315Enclosure of waste land used for improper purpose

Chapter XVIII MARKETS, TRADES AND OCCUPATIONS →

  1. 316Provision of municipal market
  2. 317Use of municipal markets and slaughter house
  3. 318Private markets
  4. 319Conditions of grant of licence for private market
  5. 320Prohibition of keeping market open without licence, etc.
  6. 321Prohibition of use of unlicensed markets
  7. 322Prohibition of business and trade near a market
  8. 323Levy of stallages, rents and fees
  9. 324Power to expel disturbers, etc., from markets
  10. 325Butcher’s fish-monger’s and poulter’s licence
  11. 326Factory, etc., not to be established without permission of the Chairperson
  12. 327Premises not to be used for certain purposes without licence
  13. 328Seizure of certain animals
  14. 329Power of Chairperson to prevent use of premises in particular areas for purposes referred to in section 327
  15. 330Licences for hawking articles, etc.
  16. 331Eating houses, etc., not to be used without licence from the Chairperson
  17. 332Licensing and control of theatres, circuses and places of public amusement
  18. 333Power of Chairperson to stop use of premises used in contravention of licences

Chapter XIX IMPROVEMENT →

  1. 334Improvement scheme
  2. 335Matters to be provided for in an improvement scheme
  3. 336Submission of improvement scheme to the Council for approval and to the Central Government for sanction
  4. 337Rehousing scheme
  5. 338Improvement scheme and rehousing scheme to comply with the master plan and zonal development plan

Chapter XX POWERS, PROCEDURE, OFFENCES AND PENALTIES →

  1. 339Signature, conditions, duration, suspension, revocation, etc., of licences and written permissions
  2. 340Powers of entry and inspection
  3. 341Power to enter land adjoining land in relation to any work
  4. 342Breaking into building
  5. 343Time of making entry
  6. 344Consent ordinarily to be obtained
  7. 345Regard to be had to social or religious usages
  8. 346Prohibition of obstruction or molestation in execution of work
  9. 347Public notices how to be made known
  10. 348Newspapers in which advertisements or notices to be published
  11. 349Proof of consent, etc., of Chairperson
  12. 350Notices, etc., to fix reasonable time
  13. 351Signature on notices, etc., may be stamped
  14. 352Notices, etc., by whom to be served or issued
  15. 353Services of notices, etc
  16. 354Service of bills for tax or notice of demand by ordinary post
  17. 355Powers in case of non-compliance with notice, etc.
  18. 356Liability of occupier to pay in default of owner
  19. 357Execution of work by occupier in default of owner and deduction of expenses from rent
  20. 358Relief to agents and trustees
  21. 359General power to compensation
  22. 360Compensation to be paid by offenders for damage caused by them
  23. 361Reference to the court of the district judge in certain cases
  24. 362Application to the court of the district judge in other cases
  25. 363Mode of recovery of certain dues
  26. 364Right of owner to apply to the court of the district judge in case of obstruction by occupier
  27. 365General powers and procedure of the court of the district judge
  28. 366Fees in proceedings before the court of the district judge
  29. 367Repayment of half fees on settlement before hearing
  30. 368Power of the court of the district judge to delegate certain powers and to make rules
  31. 369Punishment for certain offences
  32. 370General penalty
  33. 371Offences by companies
  34. 372Certain offences to be cognizable
  35. 373Prosecutions
  36. 374Composition of offences
  37. 375Municipal magistrates
  38. 376Cognizance of offences
  39. 377Limitation of time for prosecution
  40. 378Power of magistrate to hear cases in absence of accused when summoned to appear
  41. 379Complaints concerning nuisances
  42. 380Procedure to be followed by magistrate regarding complaints concerning nuisances
  43. 381Arrest of offenders
  44. 382Duties of police officers
  45. 383Power to institute, etc., legal proceedings and obtain legal advice
  46. 384Protection of action of the Council, etc.
  47. 385Notice to be given of suits

Chapter XXI RULES, REGULATIONS AND BYE-LAWS →

  1. 386Supplemental provisions respecting rules
  2. 387Supplemental provisions respecting regulations
  3. 388Power to make bye-laws
  4. 389Regulations and bye-laws to be laid before Parliament
  5. 390Penalty for breaches of bye-laws
  6. 391Supplemental provisions respecting bye-laws
  7. 392Bye-laws to be available for inspection and purchase

Chapter XXII CONTROL →

  1. 393Government to require production of documents
  2. 394Inspection
  3. 395Directions by Central Government
  4. 396Power to provide for enforcement of direction under section 395
  5. 397Power of Central Government to give directions in relation to primary schools, etc.
  6. 398Dissolution of the Council

Chapter XXIII MISCELLANEOUS →

  1. 399Delegation of power by the Central Government
  2. 400Power to delegate functions of Chairperson
  3. 401Validity of notices and other documents
  4. 402Admissibility of document or entry as evidence
  5. 403Evidence of Municipal officer or employee
  6. 404Prohibition against obstruction of any municipal authority
  7. 405Prohibition against removal of mark
  8. 406Prohibition against removal or obliteration of notice
  9. 407Prohibition against unauthorised dealings with public place or materials
  10. 408Liability of Chairperson, etc., for loss, waste or misapplication of New Delhi Municipal Fund or property
  11. 409Members and municipal officers and employees to be public servants
  12. 410Annual administration report
  13. 411Other laws not to be disregarded
  14. 412Exemption of diplomatic or consular missions from payment of tax, etc.
  15. 413Construction of references
  16. 414Council to undertake work on agency basis
  17. 415Power to remove difficulties
  18. 416Repeal and savings
  19. 417Expenditure in connection with the Council from the commencement of this Act to the adoption of the budget by the Council
  20. 418Transitory provision
  21. 419Repeal of Ordinance 8 of 1994

PDF: pending for this language.