The New Delhi Municipal Council Act, 1994

1 THE NEW DELHI MUNICIPAL COUNCIL ACT, 1994 ____________ ARRANGEMENT OF SECTIONS _____________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II THE COUNCIL Constitution of the Council 3. Establishment of the Council. 4. Composition of the Council. 5. Duration of the Council. 6. Disqualification for membership of the Council. Members 7. Oath or affirmation. 8. Vacation of seat. Committees of the Council 9. Setting-up of committees. CHAPTER III FUNCTIONS OF THE COUNCIL 10. General powers of the Council. 11. Obligatory functions of the Council. 12. Discretionary functions of the Council. CHAPTER IV THE CHAIRPERSON 13. Appointment, etc., of the Chairperson. 14. Leave of absence of Chairperson. 15. Appointment of officiating Chairperson in case of death, resignation or removal of Chairperson. 16. Salary and allowances of the Chairperson and members. 17. Service regulations of members. 18. Functions of the Chairperson. 19. Chairperson not to be interested in any contract, etc., with the Council. 20. Exercise of powers to be subject to sanction. CHAPTER V PROCEDURE Transaction of business by the Council 21. Meetings. 22. First meeting of the Council. 23. Notice of meetings and business. 24. Quorum. 25. Presiding Officer. 26. Method of deciding questions. 2 SECTIONS 27. Members not to vote on matter in which they are interested. 28. Right 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. 29. Keeping of minutes and proceedings. 30. Circulation of minutes and inspection of minutes and reports of proceedings. 31. Forwarding minutes and reports of proceedings to the Administrator. Validation 32. Validation of proceedings, etc. CHAPTER VI MUNICIPAL OFFICERS AND OTHER MUNICIPAL EMPLOYEES 33. Appointment of certain officers. 34. Schedule of permanent posts and creation of temporary posts. 35. Restriction on employment of permanent officers and other employees. 36. Power to make appointments. 37. Officers and other employees not to undertake any extraneous work. 38. Officers and other employees not to be interested in any contract, etc., with the Council. 39. Punishment for municipal officers and other employees. 40. Consultation with the Union Public Service Commission. 41. Power of Commission to make regulations and reference to the Central Government in case of difference between the Commission and the Council. 42. Recruitment to category B and category C posts. 43. Power of Council to make regulations. CHAPTER VII REVENUE AND EXPENDITURE The New Delhi Municipal Fund 44. Constitution of the New Delhi Municipal Fund. 45. New Delhi Municipal Fund to be kept in the State Bank of India. 46. Operation of the Accounts. 47. Payments not to be made unless covered by a budget-grant. 48. Duty of persons signing cheques. 49. Procedure when money not covered by a budget-grant is expended. 50. Application of New Delhi Municipal Fund. 51. Temporary payments from the New Delhi Municipal Fund for works urgently required for the public service. 52. Investment of surplus moneys. 53. Constitution of Finance Commission. Special Funds 54. Constitution of special funds. Budget estimates 55. Adoption of budget estimates. 56. Power of Council to alter budget estimates. 57. Power of Council to re-adjust income and expenditure during the year. ACCOUNTS AND AUDIT Scrutiny and audit of accounts 58. Accounts to be kept. 59. Audit. 3 CHAPTER VIII TAXATION Levy of taxes SECTIONS 60. Taxes to be imposed by the Council under this Act. Property tax 61. Rates of property tax. 62. Premises in respect of which property tax is to be levied. 63. Determination of rateable value of lands and buildings assessable to property tax. 64. Charge for supply of water. 65. Taxation of Union properties. 66. Incidence of property tax. 67. Apportionment of liability for property tax when the premises are let or sub-let. 68. Recovery of property tax from occupiers. 69. Property tax a first charge on premises on which it is assessed. 70. Assessment list. 71. Evidential value of assessment list. 72. Amendment of assessment list. 73. Preparation of new assessment list. 74. Notice of transfers. 75. Notice of erection of building, etc. 76. Notice of demolition or removal of buildings. 77. Power of Chairperson to call for information and returns and to enter and inspect premises. 78. Premises owned by, or let to two or more persons in severalty to be ordinarily assessed as one property. 79. Assessment in case of amalgamation of premises. 80. Power of Chairperson to assess separately outhouses and portions of buildings. 81. Power of Chairperson to employ valuers. Tax on vehicles and animals 82. Tax on certain vehicles and animals and rates thereof. 83. The tax on whom leviable. 84. Tax when payable. 85. Power of Chairperson to compound with livery stable keeper, etc., for tax. Theatre-tax 86. Theatre-tax. 87. Liability to pay theatre-tax. Tax on advertisements other than advertisements published in the newspapers 88. Tax on advertisements. 89. Prohibition of advertisements without written permission of the Chairperson. 90. Permission of the Chairperson to become void in certain cases. 91. Presumption in case of contravention. 92. Power of Chairperson in case of contravention. Duty on transfer of property 93. Duty on transfer of property and method of assessment thereto. 94. Provisions applicable on the introduction of transfer duty. Tax on buildings payable along with the application for sanction of building plans 95. Tax on building applications. Other taxes 96. Imposition of other taxes. 4 Supplementary taxation SECTIONS 97. Supplementary taxation. Payment and recovery of taxes 98. Time and manner of payment of taxes. 99. Presentation of bill. 100. Notice of demand and notice fee. 101. Penalty in case of default of payment of taxes. 102. Recovery of tax. 103. Distress. 104. Disposal of distrained property and attachment and sale of immovable property. 105. Recovery from a person about to leave New Delhi or Delhi. 106. Power to institute suit for recovery. 107. Power of seizure of vehicles and animals in case of non-payment of tax thereon. 108. Occupiers may be required to pay rent towards satisfaction of property tax. Remission and refund 109. Demolition, etc., of buildings. 110. Remission or refund of tax. 111. Power to require entry in assessment list of details of buildings. 112. Notice to be given of the circumstances in which remission or refund is claimed. 113. What buildings are to be deemed vacant. 114. Notice to be given of every occupation of vacant land or building. Appeals 115. Appeal against assessment, etc. 116. Conditions of right to appeal. 117. Condonation of delay in preferring the appeal. 118. Finality of appellate orders. Miscellaneous provisions relating to taxation 119. Power to inspect for purposes of determining rateable value or tax. 120. Composition. 121. Irrecoverable debts. 122. Obligation to disclose liability. 123. Immaterial error not to affect liability. 124. General power of exemption. Taxes on entertainment and betting 125. Payment of proceeds of entertainment and betting taxes to Council. CHAPTER IX BORROWING 126. Power of Council to borrow. 127. Time for repayment of money borrowed under section 126. 128. Form and effect of debenture. 129. Payment to survivors of joint payees. 130. Receipt by joint holders for interest or dividend. 131. Maintenance and investment of sinking funds. 132. Application of sinking funds. 133. Annual statement by Chairperson. 134. Power of Council to consolidate loans. 135. Priority of payment for interest and repayment of loans over other payments. 136. Power to make regulations. 5 CHAPTER X PROPERTY AND CONTRACTS Property SECTIONS 137. Acquisition of property. 138. Acquisition of immovable property by agreement. 139. Procedure when immovable property cannot be acquired by agreement. 140. Disposal of movable property. 141. Disposal of immovable property. Contracts 142. Contracts by the Council. 143. Procedure for making contracts. 144. Mode of executing contracts. CHAPTER XI WATER SUPPLY, DRAINAGE AND SEWAGE COLLECTION General 145. Definitions. 146. Council may carry out surveys and formulate proposals. Water supply 147. Functions in relation to water supplies. 148. Water supplied for domestic purposes not to be used for non-domestic purposes. 149. Supply of water for domestic purposes not to include any supply for certain specified purposes. 150. Power to supply water for non-domestic purposes. 151. Use of water for extinguishing fire. 152. Power to require water supply to be taken. 153. New premises not to be occupied without arrangement for water supply. 154. Public gratuitous water supply. 155. Power to lay mains. 156. Power to lay service pipes, etc. 157. Provision of fire hydrants. 158. Supply of water. 159. Laying of supply pipes, etc. 160. Power to require separate service pipes. 161. Stopcocks. 162. Power of Chairperson to provide meters. 163. Presumption as to correctness of meters. 164. Prohibition of waste or misuse of water. 165. Power to enter premises to detect waste or misuse of water. 166. Power to test water fittings. 167. Power to close or restrict use of water from polluted source of supply. 168. Water pipes, etc., not to be placed where water will be polluted. 169. Power to cut off private water supply or to turn off water. 170. Joint and several liability of owners and occupiers for offence in relation to water supply. Drainage and sewerage 171. Public drains, etc., to vest in the Council. 172. Control of drains and sewage collection works. 173. Certain matters not to be passed into municipal drains. 174. Application by owners and occupiers to drain into municipal drains. 175. Drainage of and drained premises. 176. New premises not to be erected without drains. 6 SECTIONS 177. Power to drain group or block of premises by combined operations. 178. Power of Chairperson to close or limit the use of private drains in certain cases. 179. Use of drain by a person other than the owner. 180. Sewage and rain water drains to be distinct. 181. Power of Chairperson to require owner to carry out certain works for satisfactory drainage. Collection of sewage 182. Appointment of places for the emptying of drains and collection of sewage. Miscellaneous 183. Connection with water works and drains not to be made without permission. 184. Building, railways and private streets not to be erected or constructed over drains or water works without permission. 185. Rights of user of property for aqueducts, lines, etc. 186. Power of owner of premises to place pipes and drains through land belonging to other persons. 187. Power to require railway level, etc., to be raised or lowered. 188. Power of Chairperson to execute work after giving notice to the person liable. 189. Power of Chairperson to affix shafts, etc., for ventilation of drain or cesspool. 190. Power of Chairperson to examine and test drains, etc., believed to be defective. 191. Bulk receipt of water and delivery of sewage by the Council. 192. Employment of Government agencies for repairs, etc. 193. Work to be done by licensed plumber. 194. Prohibition of certain acts. CHAPTER XII ELECTRICITY SUPPLY 195. Functions in relation to electricity supply. 196. Additional functions in relation to electricity supply. 197. Council to have powers and obligations of licensee under Act 9 of 1910. 198. Restriction on building and other acts interfering with the works of electric supply. 199. Power of Council to make arrangements with licensees. 200. Charges for supply of electricity. 201. Bulk receipt of electricity by the Council. CHAPTER XIII STREETS Construction, maintenance and improvement of streets 202. Vesting of public streets in the Council. 203. Functions of Chairperson in respect of public streets. 204. Disposal of land forming site of public streets permanently closed. 205. Power to make new public streets. 206. Minimum width of new public streets. 207. Power to prohibit or regulate use of public streets for certain kind of traffic. 208. Power to acquire lands and buildings for public streets and for public parking places. 209. Defining the regular line of streets. 210. Setting back building to regular line of street. 211. Compulsory setting back of building to regular line of street. 212. Acquisition of open land and land occupied by platform, etc., within the regular line of street. 213. Acquisition of the remaining part of a building and land after their portions within a regular line of street have been acquired. 214. Setting forward of buildings to the regular line of street. 215. Compensation to be paid in certain cases of setting back or setting forward of buildings, etc. 7 Private streets SECTIONS 216. Owner‟s obligation when dealing with land as building sites. 217. Lay-out plans. 218. Alteration or demolition of street made in breach of section 217. 219. Power of Chairperson to order work to be carried out or to carry it out himself in default. 220. Right of owner to require streets to be declared public. Encroachments on streets 221. Prohibition of projections upon streets, etc. 222. Projections over streets may be permitted in certain cases. 223. Ground floor doors, etc., not to open outwards on streets. 224. Prohibition of structures or fixtures which cause obstruction in street. 225. Prohibition of deposit, etc., of things in streets. 226. Power to remove anything deposited or exposed for sale in contravention of this Act. 227. Prohibition of the tethering of animals and milking of cattle. Provision concerning execution of works in or near to streets 228. Precautions during repair of streets. 229. Streets not to be opened or broken up and building materials not to be deposited thereon without permission. 230. Disposal of things removed under this Chapter. Naming and numbering of streets and numbering of buildings 231. Naming and numbering of streets. Repair or enclosure of dangerous places 232. Chairperson to take steps for repairing or enclosing dangerous places. Lighting of streets 233. Measures for lighting. 234. Prohibition of removal, etc., of lamps. CHAPTER XIV BUILDING REGULATIONS 235. General superintendence, etc., of the Central Government. 236. Definition. 237. Prohibition of building without sanction. 238. Erection of building. 239. Applications for additions to, or repairs of, buildings. 240. Conditions of valid notice. 241. Sanction or refusal of building or work. 242. When building or work may be proceeded with. 243. Sanction accorded under misrepresentation. 244. Buildings at corners of streets. 245. Provisions as to buildings and works on either side of new streets. 246. Period for completion of building or work. 247. Order of demolition and stoppage of buildings or works in certain cases and appeal. 248. Order of stoppage of buildings or works in certain cases. 249. Power of Chairperson to require alteration of work. 250. Power to seal unauthorised constructions. 251. Completion certificates. 252. Restrictions on uses of buildings. 253. Appellate Tribunal. 254. Appeals against certain orders or notices issued under the Act. 8 SECTIONS 255. Procedure of the Appellate Tribunal. 256. Appeal against orders of Appellate Tribunal. 257. Bar of jurisdiction of courts. 258. Removal of dangerous buildings. 259. Power to order building to be vacated in certain circumstances. 260. Power of the Central Government to make bye-laws. CHAPTER XV SANITATION AND PUBLIC HEALTH Conservancy and sanitation 261. Provision for daily cleansing of streets and removal of rubbish and filth. 262. Rubbish, etc., to be the property of the Council. 263. Provision or appointment of receptacles, depots and places for rubbish, etc. 264. Duty of owners and occupiers to collect and deposit rubbish, etc. 265. Collection and removal of filth and polluted matter. 266. Removal of rubbish, etc., accumulated on premises used as factories, workshop, etc. 267. Prohibition against accumulation of rubbish, etc. 268. Prohibition in respect of air pollutant. 269. Chairperson‟s power to get premises scavenged and cleansed. 270. Public latrines, urinals, etc. Latrines and urinals 271. Construction of latrines and urinals. 272. Latrines and urinals, etc., in new buildings. 273. Latrines and urinals for labourers, etc. 274. Provision of latrines and urinals for markets, etc. 275. Other provisions as to private latrines. Removal of congested buildings and buildings unfit for human habitation 276. Removal of congested buildings. 277. Power of Chairperson to require improvement of building unfit for human habitation. 278. Enforcement of notice requiring execution of works of improvement. 279. Power of Chairperson to order demolition of buildings unfit for human habitation. 280. Insanitary huts and sheds. Regulation of washing by washermen 281. Prohibition against washing by washerman. Prevention of Dangerous Diseases 282. Obligation to give information of dangerous disease. 283. Removal to hospital of patients, suffering from dangerous disease. 284. Disinfection of buildings and articles. 285. Destruction of infectious huts or sheds. 286. Means of disinfection. 287. Special measures in case of outbreak of dangerous or epidemic diseases. 288. Infected clothes not to be sent to washerman or to laundry. 289. Contamination and disinfection of public conveyance. 290. Driver of conveyance not bound to carry persons suffering from dangerous disease. 291. Disinfection of buildings before letting the same. 292. Disposal of infected articles without disinfection. 293. Prohibition of making or selling of food, etc., or washing of clothes by infected persons. 294. Power to restrict or prohibit sale of food or drink. 295. Control over wells and tanks, etc. 296. Duty of persons suffering from dangerous disease. 9 SECTIONS 297. Disposal of infectious corpses where any person has died from any dangerous disease. Special conditions regarding essential services 298. Conditions of service of sweepers and certain other class of persons employed in municipal service. 299. Conditions of service of sweepers employed for doing house scavenging. Burning and burial grounds 300. Power to call for information regarding burning and burial grounds. 301. Permission for use of new burning or burial ground. 302. Power to require closing of burning and burial grounds. 303. Removal of corpses. Disposal of dead animals 304. Disposal of dead animals. CHAPTER XVI VITAL STATISTICS 305. Appointment of Chief Registrar, etc. 306. Duties of registrar. 307. Information of births and deaths. CHAPTER XVII PUBLIC SAFETY AND SUPPRESSION OF NUISANCES Nuisances 308. Prohibition of nuisances. 309. Power of Chairperson to require removal or abatement of nuisance. Dogs 310. Registration and control of dogs. Prevention of fire, etc. 311. Stacking or collecting inflammable materials. 312. Care of naked lights. 313. Discharging fire works, fire-arms, etc. 314. Power to require buildings, wells, etc., to be rendered safe. 315. Enclosure of waste land used for improper purpose. CHAPTER XVIII MARKETS, TRADES AND OCCUPATIONS Maintenance and regulation of markets 316. Provision of municipal market. 317. Use of municipal markets and slaughter house. 318. Private markets. 319. Conditions of grant of licence for private market. 320. Prohibition of keeping market open without licence, etc. 321. Prohibition of use of unlicensed markets. 322. Prohibition of business and trade near a market. 323. Levy of stallages, rents and fees. 324. Power to expel disturbers, etc., from markets. 325. Butcher‟s fish-monger‟s and poulter‟s licence. Trades and occupations 326. Factory, etc., not to be established without permission of the Chairperson. 10 SECTIONS 327. Premises not to be used for certain purposes without licence. 328. Seizure of certain animals. 329. Power of Chairperson to prevent use of premises in particular areas for purposes referred to in section 327. 330. Licences for hawking articles, etc. 331. Eating houses, etc., not to be used without licence from the Chairperson. 332. Licensing and control of theatres, circuses and places of public amusement. 333. Power of Chairperson to stop use of premises used in contravention of licences. CHAPTER XIX IMPROVEMENT 334. Improvement scheme. 335. Matters to be provided for in an improvement scheme. 336. Submission of improvement scheme to the Council for approval and to the Central Government for sanction. 337. Rehousing scheme. 338. Improvement scheme and rehousing scheme to comply with the master plan and zonal development plan. CHAPTER XX POWERS, PROCEDURE, OFFENCES AND PENALTIES Licences and written permissions 339. Signature, conditions, duration, suspension, revocation, etc., of licences and written permissions. Entry and inspection 340. Powers of entry and inspection. 341. Power to enter land adjoining land in relation to any work. 342. Breaking into building. 343. Time of making entry. 344. Consent ordinarily to be obtained. 345. Regard to be had to social or religious usages. 346. Prohibition of obstruction or molestation in execution of work. Public notices and advertisements 347. Public notices how to be made known. 348. Newspapers in which advertisements or notices to be published. Evidence 349. Proof of consent, etc., of Chairperson. Notices, etc. 350. Notices, etc., to fix reasonable time. 351. Signature on notices, etc., may be stamped. 352. Notices, etc., by whom to be served or issued. 353. Services of notices, etc. 354. Service of bills for tax or notice of demand by ordinary post. 355. Powers in case of non-compliance with notice, etc. Recovery of expenses 356. Liability of occupier to pay in default of owner. 357. Execution of work by occupier in default of owner and deduction of expenses from rent. 358. Relief to agents and trustees. 11 Payment of compensation SECTIONS 359. General power to compensation. 360. Compensation to be paid by offenders for damage caused by them. Recovery of expenses or compensation in case of dispute 361. Reference to the court of the district judge in certain cases. 362. Application to the court of the district judge in other cases. Recovery of certain dues 363. Mode of recovery of certain dues. Obstruction of owner by occupier 364. Right of owner to apply to the court of the district judge in case of obstruction by occupier. Proceedings before the court of the district judge 365. General powers and procedure of the court of the district judge. 366. Fees in proceedings before the court of the district judge. 367. Repayment of half fees on settlement before hearing. 368. Power of the court of the district judge to delegate certain powers and to make rules. Offences and penalties 369. Punishment for certain offences. 370. General penalty. 371. Offences by companies. 372. Certain offences to be cognizable. 373. Prosecutions. 374. Composition of offences. Magistrates and proceedings before magistrates 375. Municipal magistrates. 376. Cognizance of offences. 377. Limitation of time for prosecution. 378. Power of magistrate to hear cases in absence of accused when summoned to appear. 379. Complaints concerning nuisances. 380. Procedure to be followed by magistrate regarding complaints concerning nuisances. Powers and duties of police officers 381. Arrest of offenders. 382. Duties of police officers. Legal proceedings 383. Power to institute, etc., legal proceedings and obtain legal advice. 384. Protection of action of the Council, etc. 385. Notice to be given of suits. CHAPTER XXI RULES, REGULATIONS AND BYE-LAWS 386. Supplemental provisions respecting rules. 387. Supplemental provisions respecting regulations. 388. Power to make bye-laws. 389. Regulations and bye-laws to be laid before Parliament. 390. Penalty for breaches of bye-laws. 391. Supplemental provisions respecting bye-laws. 392. Bye-laws to be available for inspection and purchase. 12 CHAPTER XXII CONTROL SECTIONS 393. Government to require production of documents. 394. Inspection. 395. Directions by Central Government. 396. Power to provide for enforcement of direction under section 395. 397. Power of Central Government to give directions in relation to primary schools, etc. 398. Dissolution of the Council. CHAPTER XXIII MISCELLANEOUS 399. Delegation of power by the Central Government. 400. Power to delegate functions of Chairperson. 401. Validity of notices and other documents. 402. Admissibility of document or entry as evidence. 403. Evidence of Municipal officer or employee. 404. Prohibition against obstruction of any municipal authority. 405. Prohibition against removal of mark. 406. Prohibition against removal or obliteration of notice. 407. Prohibition against unauthorised dealings with public place or materials. 408. Liability of Chairperson, etc., for loss, waste or misapplication of New Delhi Municipal Fund or property. 409. Members and municipal officers and employees to be public servants. 410. Annual administration report. 411. Other laws not to be disregarded. 412. Exemption of diplomatic or consular missions from payment of tax, etc. 413. Construction of references. 414. Council to undertake work on agency basis. 415. Power to remove difficulties. 416. Repeal and savings. 417. Expenditure in connection with the Council from the commencement of this Act to the adoption of the budget by the Council. 418. Transitory provision. 419. Repeal of Ordinance 8 of 1994. THE FIRST SCHEDULE.—BOUNDARIES OF NEW DELHI. THE SECOND SCHEDULE.—RATES OF TAXES LEVIABLE ON VEHICLES AND ANIMALS. THE THIRD SCHEDULE.—THEATRE-TAX. THE FOURTH SCHEDULE.—TAX ON ADVERTISEMENTS OTHER THAN ADVERTISEMENTS PUBLISHED IN THE NEWSPAPERS. THE FIFTH SCHEDULE.—TAX ON BUILDING APPLICATIONS. THE SIXTH SCHEDULE.—NOTICE OF DEMAND. THE SEVENTH SCHEDULE.—FORM OF WARRANT. THE EIGHTH SCEHDULE.—FORM OF INVENTORY OF PROPERTY DISTRAINED AND NOTICE OF SALE. THE NINTH SCHEDULE.—PURPOSES FOR WHICH PREMISES MAY NOT BE USED WITHOUT A LICENCE. THE TENTH SCHEDULE.—PENALTIES. 13 THE NEW DELHI MUNICIPAL COUNCIL ACT, 1994 ACT NO. 44 OF 1994 [14th July, 1994.] An Act to provide for the establishment of the New Delhi Municipal Council and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Forty-fifth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY 1. Short title, extent and commencement.—(1) This Act may be called the New Delhi Municipal Council Act, 1994. (2) It extends to New Delhi. (3) It shall be deemed to have come into force on the 25th day of May, 1994. 2. Definitions.—In this Act, unless the context otherwise requires,— (1) “Administrator” means the Administrator of the National Capital Territory of Delhi; (2) “Appellate Tribunal” means an Appellate Tribunal constituted under section 253; (3) “budget-grant” means the total sum entered on the expenditure side of a budget estimate under a major head and adopted by the Council and includes any sum by which such budget-grant may be increased or reduced by transfer from or to other heads in accordance with the provisions of this Act and the regulations made thereunder; (4) “building” means a house, out-house, stable, latrine, urinal, shed, hut, wall (other than a boundary wall) or any other structure, whether of masonry, bricks, wood, mud, metal or other material but does not include any portable shelter; (5) “bye-law” means a bye-law made under this Act, by notification in the Official Gazette; (6) “casual vacancy” means a vacancy occurring otherwise than by efflux of time in the office of a member of the Council; (7) “Chairperson” means the Chairperson of the Council; (8) “Corporation” means the Municipal Corporation of Delhi established under the Delhi Municipal Corporation Act, 1957 (66 of 1957); (9) “Council” means the New Delhi Municipal Council established under this Act; (10) “dangerous disease” means— (a) cholera, plague, chicken-pox, small-pox, tuberculosis, leprosy, enteric fever, cerebrospinal meningitis and diptheria; and (b) any other epidemic, endemic or infectious disease which the Chairperson may, by notification in the Official Gazette, declare to be a dangerous disease for the purposes of this Act; (11) “Delhi” means the entire area of the National Capital Territory of Delhi except New Delhi and Delhi Cantonment as defined in clause (11) of section 2 of the Delhi Municipal Corporation Act, 1957 (66 of 1957); (12) “drain” includes a sewer, a house drain, a drain of any other description, a tunnel, a culvert, a ditch, a channel and any other device for carrying off sewage, offensive matter, polluted water, waste water, rain water or sub-soil water; (13) “entertainment” includes any exhibition, performance, amusement, game or sport to which persons are ordinarily admitted on payment; (14) “factory” means a factory as defined in the Factories Act, 1948 (63 of 1948); http://indiankanoon.org/doc/1762093/ http://indiankanoon.org/doc/994925/ http://indiankanoon.org/doc/976540/ http://indiankanoon.org/doc/658750/ http://indiankanoon.org/doc/1613846/ http://indiankanoon.org/doc/1981534/ http://indiankanoon.org/doc/1054156/ http://indiankanoon.org/doc/574102/ http://indiankanoon.org/doc/14318/ http://indiankanoon.org/doc/1619994/ http://indiankanoon.org/doc/325587/ http://indiankanoon.org/doc/1416979/ http://indiankanoon.org/doc/560127/ http://indiankanoon.org/doc/277071/ http://indiankanoon.org/doc/1309100/ http://indiankanoon.org/doc/854922/ http://indiankanoon.org/doc/649888/ http://indiankanoon.org/doc/1757154/ http://indiankanoon.org/doc/1132563/ http://indiankanoon.org/doc/278020/ http://indiankanoon.org/doc/508499/ 14 (15) “filth” includes offensive matter and sewage; (16) “goods” includes animals; (17) “Government” means the Government of the National Capital Territory of Delhi; (18) “house-gully” means a passage or strip of land constructed, set apart or utilised for the purpose of serving as or carrying a drain or affording access to a latrine, urinal, cesspool or other receptacle for filth or other polluted matter, by municipal employee or other person employed in the cleansing thereof or in the removal of such matter therefrom; (19) “hut” means any building which is constructed principally of wood, bamboo, mud, leaves, grass, cloth or thatch and includes any structure of whatever material made which the Council may declare to be a hut for the purposes of this Act; (20) “inhabitant”, in relation to the municipal area of New Delhi includes any person ordinarily residing or carrying on business or owning or occupying immovable property therein and in case of a dispute, means any person or persons declared by the Chairperson to be an inhabitant; (21) “land” includes benefits to arise out of land, things attached to the earth or permanently fastened to anything attached to the earth and rights created by law over any street; (22) “licensed engineer” and “licensed plumber” mean respectively a person licensed under the provisions of this Act as an engineer and a plumber; (23) “market” includes any place where persons assemble for the sale of, or for the purpose of exposing for sale, meat, fish, fruits, vegetables, animals intended for human consumption or any other articles of human food whatsoever, with or without the consent of the owner of such place notwithstanding that there may be no common regulation for the concourse of buyers and sellers and whether or not any control is exercised over the business of, or the person frequenting, the market by the owner of the place or by any other person; (24) “member”, in relation to the Council, means a member of the Council and includes the Chairperson; (25) “municipal market” means a market vested in or managed by the Council; (26) “municipal water works” means water works vested in the Council; (27) “New Delhi” means the area within the boundaries described in the First Schedule; (28) “nuisance” includes any act, omission, place, animal or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or disturbance to rest or sleep, or which is or may be dangerous to life or injurious to health or property; (29) “occupier” includes— (a) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable; (b) an owner in occupation of or otherwise using his land or building; (c) a rent-free tenant of any land or building; (d) a licensee in occupation of any land or building; and (e) any person who is liable to pay to the owner damages for the use and occupation of any land or building; (30) “offensive matter” includes animal carcasses, kitchen or stable refuse, dung, dirt and putrid or putrefying substances other than sewage; (31) “Official Gazette” means the Official Gazette of the National Capital Territory of Delhi; (32) “owner” includes a person who for the time being is receiving or is entitled to receive, the rent of any land or building whether on his own account or on account of himself and others or as an agent, trustee, guardian or receiver for any other person or who should so receive the rent or be entitled to receive it if the land or building or part thereof were let to a tenant and also includes— (a) the custodian of evacuee property in respect of evacuee property vested in him under the Administration of Evacuee Property Act, 1950 (31 of 1950); and http://indiankanoon.org/doc/1324308/ http://indiankanoon.org/doc/1065659/ http://indiankanoon.org/doc/1028129/ http://indiankanoon.org/doc/773455/ http://indiankanoon.org/doc/559317/ http://indiankanoon.org/doc/1649015/ http://indiankanoon.org/doc/861078/ http://indiankanoon.org/doc/1705054/ http://indiankanoon.org/doc/183193/ http://indiankanoon.org/doc/834635/ http://indiankanoon.org/doc/403261/ http://indiankanoon.org/doc/860112/ http://indiankanoon.org/doc/1893081/ http://indiankanoon.org/doc/974870/ http://indiankanoon.org/doc/1837032/ http://indiankanoon.org/doc/1758662/ http://indiankanoon.org/doc/83552/ http://indiankanoon.org/doc/1757670/ http://indiankanoon.org/doc/713468/ http://indiankanoon.org/doc/1450881/ http://indiankanoon.org/doc/168110/ http://indiankanoon.org/doc/583562/ http://indiankanoon.org/doc/1603618/ http://indiankanoon.org/doc/961407/ 15 (b) the estate officer to the Government of India, the Secretary of the Delhi Development Authority, constituted under the Delhi Development Act, 1957 (61 of 1957), the General Manager of a railway and the head of a Government department, in respect of properties under their respective control; (33) “premises” means any land or building or part of a building and includes— (a) the garden, ground and out-houses, if any, appertaining to a building or part of a building; and (b) any fittings affixed to a building or part of a building for the more beneficial enjoyment thereof; (34) “prescribed” means prescribed by rules made under this Act; (35) “private market” means a market which is not a municipal market; (36) “private street” means any street, which is not a public street and includes any passage securing access to two or more places belonging to the same or different owners; (37) “public place” means any place which is open to the use and enjoyment of the public, whether it is actually used or enjoyed by the public or not; (38) “public securities” means any securities of the Central Government or a State Government or any securities guaranteed by the Central Government or a State Government or any securities issued under this Act or any debentures issued by the Bombay, Calcutta, Delhi or Madras Municipal Corporation; (39) “public street” means any street which vests in the Council as a public street or the soil below the surface of which vests in the Council or which under the provisions of this Act becomes, or is declared to be, a public street; (40) “railway administration” has the meaning assigned to it in the Railways Act, 1989 (24 of 1989); (41) “rate payer” means a person liable to pay any rate, tax, cess or licence fee under this Act; (42) “rateable value” means the value of any land or building fixed in accordance with the provisions of this Act and the bye-laws made thereunder for the purpose of assessment to property taxes; (43) “regulation” means a regulation made by the Council under this Act by notification in the Official Gazette; (44) “reside”,— (a) a person shall be deemed to “reside” in any dwelling-house which or some portion of which he sometimes, although not uninterruptedly, uses as a sleeping apartment, and (b) a person shall not be deemed to cease to “reside” in any such dwelling-house merely because he is absent from it or has elsewhere another dwelling-house in which he resides, if there is the liberty of returning to it at any time and no abandonment of the intention of returning to it; (45) “rubbish” includes ashes, broken bricks, broken glass, dust, malba, mortar and refuse of any kind which is not filth; (46) “rule” means a rule made by the Central Government under this Act by notification in the Official Gazette; (47) “Scheduled Castes” means such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed to be Scheduled Castes under article 341 of the Constitution; (48) “service passage” or “lane” or “bye-lane” means a passage or strip of land constructed, set apart or utilised for the purpose of serving as or carrying a drain or electricity cable (underground or over-head) and any electrical and other allied installations or any other civic services by municipal employees or other person employed in the service thereof; http://indiankanoon.org/doc/666315/ http://indiankanoon.org/doc/158603/ http://indiankanoon.org/doc/1284093/ http://indiankanoon.org/doc/1033815/ http://indiankanoon.org/doc/1278650/ http://indiankanoon.org/doc/513143/ http://indiankanoon.org/doc/1749300/ http://indiankanoon.org/doc/551550/ http://indiankanoon.org/doc/1738558/ http://indiankanoon.org/doc/1438844/ http://indiankanoon.org/doc/449367/ http://indiankanoon.org/doc/1490039/ http://indiankanoon.org/doc/289653/ http://indiankanoon.org/doc/1360259/ http://indiankanoon.org/doc/849874/ http://indiankanoon.org/doc/217132/ http://indiankanoon.org/doc/675700/ http://indiankanoon.org/doc/103209/ http://indiankanoon.org/doc/545185/ http://indiankanoon.org/doc/96832/ http://indiankanoon.org/doc/1789894/ 16 (49) “sewage” means night-soil and other contents of latrines, urinals, cesspools or drains, and polluted water from sinks, bath-rooms, stables, cattle sheds and other like places and includes trade effluents and discharges from factories of all kinds; (50) “shed” means a slight or temporary structure for shade or shelter; (51) “street” includes any way, road, lane, square, court, alley, gully, passage, whether a thoroughfare or not and whether built upon or not, over which the public have a right of way and also the roadway or footway over any bridge or causeway; (52) “trade effluent” means any liquid either with or without particles of matter in suspension therein, which is wholly or in part produced in the course of any trade or industry carried on at trade premises, and in relation to any trade premises means any such liquid as aforesaid which is so produced in the course of any trade or industry carried on at those premises, but does not include domestic sewage; (53) “trade premises” means any premises used or intended to be used for carrying on any trade or industry; (54) “trade refuse” means the refuse of any trade or industry; (55) “vehicle” includes a carriage, cart, van, dray, truck, hand-cart, bicycle, tricycle, cycle-rickshaw, auto-rickshaw, motor vehicle and every wheeled conveyance which is used or is capable of being used on a street; (56) “water course” includes any river, stream or channel whether natural or artificial; (57) “water works” includes all lakes, tanks, streams, any river, cisterns, springs, pumps, wells, reservoirs, aqueducts, water trucks, sluices, mains, pipes, culverts, hydrants, stand-pipes and conduits and all lands, buildings, machinery bridges and things, used for, or intended for the purpose of, supplying water; (58) “workshop” means any premises (including the precincts thereof) other than a factory, wherein any industrial process is carried on; (59) “year” means a year commencing on the 1st day of April. CHAPTER II THE COUNCIL Constitution of the Council 3. Establishment of the Council.—(1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be a Council charged with the municipal government of New Delhi, to be known as the New Delhi Municipal Council. (2) The Council shall be a body corporate with the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and may by the said name sue and be sued. 4. Composition of the Council.—(1) The Council shall consist of the following members, namely:— (a) a Chairperson, from amongst the officers, of the Central Government or the Government, of or above the rank of Joint Secretary to the Government of India to be appointed by the Central Government in consultation with the Chief Minister of Delhi; (b) 1 [two members] of Legislative Assembly of Delhi representing constituencies which comprise wholly or partly the New Delhi area; (c) five members from amongst the officers of the Central Government or the Government or their undertakings, to be nominated by the Central Government; and 1. Subs. by Act 5 of 2012, s. 2, for “three members” (w.e.f. 1-3-2012). http://indiankanoon.org/doc/458009/ http://indiankanoon.org/doc/972936/ http://indiankanoon.org/doc/1985064/ http://indiankanoon.org/doc/791941/ http://indiankanoon.org/doc/1510995/ http://indiankanoon.org/doc/1175711/ http://indiankanoon.org/doc/900641/ http://indiankanoon.org/doc/1359594/ http://indiankanoon.org/doc/1168507/ http://indiankanoon.org/doc/1204753/ http://indiankanoon.org/doc/1667697/ http://indiankanoon.org/doc/375043/ http://indiankanoon.org/doc/552392/ http://indiankanoon.org/doc/193406/ http://indiankanoon.org/doc/1472722/ http://indiankanoon.org/doc/45145/ http://indiankanoon.org/doc/1117712/ http://indiankanoon.org/doc/989886/ http://indiankanoon.org/doc/126896/ 17 (d) 1 [four members] to be nominated by the Central Government in consultation with the Chief Minister of Delhi to represent from amongst lawyers, doctors, chartered accountants, engineers, business and financial consultants, intellectuals, traders, labourers, social workers including social scientists, artists, media persons, sports persons and any other class of persons as may be specified by the Central Government in this behalf; 2 [(e) the Member of Parliament, representing constituency which comprises wholly or partly the New Delhi area.] 3 * * * * * 4 [(3) Out of the thirteen members referred to in sub-section (1), there shall be, at least,— (a) three members who are women; (b) two members belonging to the Scheduled Castes, out of which one member shall be from the members nominated under clause (d) of sub-section (1).] (4) The Central Government shall nominate, in consultation with the Chief Minister of Delhi, a Vice-Chairperson from amongst the members specified in clauses (b) and (d) of sub-section (1). 5. Duration of the Council.—(1) The Council, unless sooner dissolved under section 398 or any other law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer. (2) The Council,— (a) where it is dissolved before the expiry of its duration under sub-section (1), shall be reconstituted within a period of six months of such dissolution; and (b) where it is dissolved after the expiry of its duration, shall be reconstituted before such expiry. 6. Disqualification for membership of the Council.—(1) No person, other than a member of the Legislative Assembly of the National Capital Territory of Delhi, shall be disqualified for being nominated as a member of the Council on the ground that he holds an office of profit for purposes of election to the legislature of the National Capital Territory of Delhi under any law for the time being in force. (2) If a person sits or votes as a member of the Council when he knows that he is not qualified or that he is disqualified for such membership, he shall be liable in respect of each day on which he so sits or votes to a penalty of three hundred rupees to be recovered as an arrear of tax under this Act. Members 7. Oath or affirmation.—(1) Every member before taking his seat shall make and subscribe at a meeting of the Council an oath or affirmation according to the following form, namely:— “I, A. B., having been nominated as a member of Council do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will faithfully discharge the duty upon which I am about to enter.” (2) If a person sits or votes as a member before he has complied with the requirements of sub-section (1), he shall be liable in respect of each day on which he sits or votes as the case may be, to a penalty of three hundred rupees to be recovered as arrears of tax under this Act. 8. Vacation of seat.—(1) If a member resigns his seat by writing under his hand addressed to the Chairperson and delivered to him, his seat shall thereupon become vacant. (2) If during three successive months, a member is without permission of the Council, absent from all the meetings thereof, the Council may recommend to the Central Government that the seat of such member may be declared vacant. 1. Subs. by Act 5 of 2012, s. 2, for “two members” (w.e.f. 1-3-2012). 2. Ins. by s. 2, ibid. (w.e.f. 1-3-2012). 3. Sub-section (2) omitted by s. 2, ibid. (w.e.f. 1-3-2012). 4. Subs. by s. 2, ibid., for sub-section (3) (w.e.f. 1-3-2012). http://indiankanoon.org/doc/1864265/ http://indiankanoon.org/doc/393528/ http://indiankanoon.org/doc/1137063/ http://indiankanoon.org/doc/283542/ http://indiankanoon.org/doc/775220/ http://indiankanoon.org/doc/1619065/ http://indiankanoon.org/doc/194759/ http://indiankanoon.org/doc/1635203/ http://indiankanoon.org/doc/247380/ http://indiankanoon.org/doc/339187/ http://indiankanoon.org/doc/209436/ http://indiankanoon.org/doc/270158/ http://indiankanoon.org/doc/871653/ http://indiankanoon.org/doc/377956/ http://indiankanoon.org/doc/512098/ http://indiankanoon.org/doc/317303/ 18 Committees of the Council 9. Setting-up of committees.—(1) The Council may constitute as many committees as it thinks fit for the exercise of any power or discharge of any function which the Council may by resolution delegate to them or for inquiring into, reporting or advising upon any matter which the Council may refer to them. (2) Any such committee shall consist of members of the Council only: Provided that a committee may, with the sanction of the Council, co-opt not more than two persons who are not members of the Council, but who in the opinion of the Council possesses special qualifications for serving on such committee. (3) Each committee constituted under this section shall be presided by the Chairperson of the Council. (4) Any matter relating to a committee constituted under this section, not expressly provided in this Act may be provided by regulations made in this behalf. CHAPTER III FUNCTIONS OF THE COUNCIL 10. General powers of the Council.—(1) Subject to the provisions of this Act and the rules, regulations and bye-laws made thereunder the municipal government of New Delhi shall vest in the Council. (2) Without prejudice to the generality of the provisions of sub-section (1), it shall be the duty of the Council to consider all periodical statements of the receipts and disbursements and all progress reports and pass such resolutions thereon as it thinks fit. (3) The Council may at any time require the Chairperson— (a) to produce any record, correspondence, plan or other document which is in his possession or under his control as Chairperson or which is recorded or filed in his office or in the office of any municipal officer or other municipal employee subordinate to him; (b) to furnish any return, plan, estimate, statement, account or statistics concerning or connected with any matter pertaining to the administration of this Act or the municipal government of New Delhi; (c) to furnish a report by himself or to obtain from the head of any department subordinate to him and furnish with his own remarks thereon, a report, upon any subject concerning or connected with the administration of this Act or the municipal government of New Delhi. (4) Every such requisition shall be complied with by the Chairperson without any unreasonable delay; and it shall be incumbent on every municipal officer and other municipal employee to obey any order made by the Chairperson in pursuance of any such requisition: Provided that the Chairperson shall not be bound to comply with any such requisition if with the previous approval of the Administrator he makes a statement that such compliance would be prejudicial to public interest or to the interests of the Council. 11. Obligatory functions of the Council.—Subject to the provisions of this Act and any other law for the time being in force, it shall be incumbent on the Council to make adequate provisions by any means or measures which it may lawfully use or take, for each of the following matters, namely:— (a) the construction, maintenance and cleansing of drains and drainage works and of public latrines, urinals and similar conveniences; (b) the construction and maintenance of works and means for providing supply of water for public and private purposes; (c) the scavenging, removal and disposal of filth, rubbish and other obnoxious or polluted matters; (d) the construction or purchase, maintenance, extension, management for— (i) supply and distribution of electricity to the public; http://indiankanoon.org/doc/1254493/ http://indiankanoon.org/doc/1979633/ http://indiankanoon.org/doc/859250/ http://indiankanoon.org/doc/1943681/ http://indiankanoon.org/doc/1382769/ http://indiankanoon.org/doc/428897/ http://indiankanoon.org/doc/1677242/ http://indiankanoon.org/doc/648174/ http://indiankanoon.org/doc/734692/ http://indiankanoon.org/doc/1495114/ http://indiankanoon.org/doc/1325355/ http://indiankanoon.org/doc/1207910/ http://indiankanoon.org/doc/1158254/ http://indiankanoon.org/doc/768899/ http://indiankanoon.org/doc/1900554/ http://indiankanoon.org/doc/1935056/ http://indiankanoon.org/doc/1862257/ http://indiankanoon.org/doc/1599115/ http://indiankanoon.org/doc/271778/ 19 (ii) providing a sufficient supply of pure and wholesome water; (e) the reclamation of unhealthy localities, the removal of noxious vegetation and generally the abatement of all nuisances; (f) the regulation of places for the disposal of the dead and the provision and maintenance of places for the said purpose; (g) the registration of births and deaths; (h) public vaccination and inoculation; (i) measures for preventing and checking the spread of dangerous diseases; (j) the establishment and maintenance of hospitals, dispensaries and maternity and child welfare centres and the carrying out of other measures necessary for public medical relief; (k) the construction and maintenance of municipal markets and regulation of all markets; (l) the regulation and abatement of offensive or dangerous trade or practices; (m) the securing or removal of dangerous buildings and places; (n) the construction, maintenance, alteration and improvements of public streets, bridges, culverts, causeways and the like; (o) the lighting, watering and cleansing of public streets and other public places; (p) the removal of obstructions and projections in or upon streets, bridges and other public places; (q) the naming and numbering of streets and premises; (r) the establishment, maintenance of, and aid to, schools for primary educations subject to such grants as may be determined by the Central Government from time to time; (s) the maintenance of municipal offices; (t) the laying out or the maintenance of public parks, gardens or recreation grounds; (u) the maintenance of monuments and memorials vested in any local authority in New Delhi immediately before the commencement of this Act or which may be vested in the Council after such commencement; (v) the maintenance and development of the value of all properties vested in or entrusted to the management of the Council; (w) the preparation of plans for economic development and social justice; (x) the maintenance including the expansion and upgradation of facilities of the hospitals existing on the date of the commencement of this Act; (y) sanction or refuse erection or re-erection of buildings; and (z) the fulfilment of any other obligation imposed by or under this Act or any other law for the time being in force. 12. Discretionary functions of the Council.—Subject to any general or special order of the Government, or the Central Government from time to time, the Council may provide either wholly or in part for all or any of the following matters, namely:— (a) the furtherance of education including cultural and physical education, by measures other than the establishment and maintenance of, and aid to, schools for primary education; (b) the establishment and maintenance of, and aid to, libraries, museums, art galleries, botanical or zoological collections; (c) the establishment and maintenance of, and aid to, stadia, gymnasia, akharas and places for sports and games; (d) the planting and care of trees on roadsides and elsewhere; http://indiankanoon.org/doc/1365608/ http://indiankanoon.org/doc/1567353/ http://indiankanoon.org/doc/1435325/ http://indiankanoon.org/doc/1846123/ http://indiankanoon.org/doc/1808785/ http://indiankanoon.org/doc/1129624/ http://indiankanoon.org/doc/626725/ http://indiankanoon.org/doc/579983/ http://indiankanoon.org/doc/396001/ http://indiankanoon.org/doc/564025/ http://indiankanoon.org/doc/349148/ http://indiankanoon.org/doc/1627610/ http://indiankanoon.org/doc/1223634/ http://indiankanoon.org/doc/616849/ http://indiankanoon.org/doc/1797722/ http://indiankanoon.org/doc/89133/ http://indiankanoon.org/doc/1579127/ http://indiankanoon.org/doc/1986391/ http://indiankanoon.org/doc/1230964/ http://indiankanoon.org/doc/908757/ http://indiankanoon.org/doc/1307255/ http://indiankanoon.org/doc/578278/ http://indiankanoon.org/doc/599660/ http://indiankanoon.org/doc/1465482/ http://indiankanoon.org/doc/793414/ http://indiankanoon.org/doc/646591/ http://indiankanoon.org/doc/922620/ http://indiankanoon.org/doc/1365083/ 20 (e) the surveys of buildings and lands; (f) the registration of marriages; (g) the taking of a census of population; (h) the provision of housing accommodation for the inhabitants of any area or for any class of inhabitants; (i) the providing of music or other entertainments in public places or places of public resort and the establishment of theatres and cinemas; (j) the organisation and management of fairs and exhibitions; (k) the acquisition of movable or immovable property for any of the purpose before mentioned, including payment of the cost of investigations, surveys or examinations in relation thereto for the construction or adaptation of building necessary for such purposes; (l) the construction and maintenance of— (i) rest-houses, (ii) poor-houses, (iii) infirmaries, (iv) children‟s homes, (v) houses for the deaf and dumb and for disabled and handicapped children, (vi) shelters for destitute and disabled persons, (vii) asylums for persons of unsound mind; (m) the construction and maintenance of cattle pounds; (n) the building or purchase and maintenance of dwelling-houses for municipal officers and other municipal employees; (o) any measures for the welfare of the municipal officers and other municipal employees or any class of them including the sanctioning of loans to such officers and employees or any class of them for construction of houses and purchase of vehicles; (p) the organisation or management of chemical or bacteriological laboratories for the examination or analysis of water, food and drugs for the detection of diseases or research connected with the public health or medical relief; (q) the provision for relief to destitute and disabled persons; (r) the establishment and maintenance of veterinary hospitals; (s) the organisation, construction, maintenance and management of swimming pools, public wash houses, bathing places and other institutions designed for the improvement of public health; (t) the organisation and management of farms and dairies within or without New Delhi for the supply, distribution and processing of milk and milk products for the benefit of the residents of New Delhi; (u) the organisation and management of cottage industries, handicraft centres and sales emporia; (v) the construction and maintenance of warehouses and godowns; (w) the construction and maintenance of garrages, sheds and stands for vehicles and cattle biers; (x) the provision for unfiltered water supply; (y) the improvement of New Delhi in accordance with improvement schemes approved by the Council; (z) any measure not hereinbefore specifically mentioned, likely to promote public safety, health, convenience or general welfare. http://indiankanoon.org/doc/934883/ http://indiankanoon.org/doc/641549/ http://indiankanoon.org/doc/611655/ http://indiankanoon.org/doc/124508/ http://indiankanoon.org/doc/218734/ http://indiankanoon.org/doc/1584091/ http://indiankanoon.org/doc/524473/ http://indiankanoon.org/doc/252527/ http://indiankanoon.org/doc/1932532/ http://indiankanoon.org/doc/1628492/ http://indiankanoon.org/doc/1526210/ http://indiankanoon.org/doc/1489750/ http://indiankanoon.org/doc/764480/ http://indiankanoon.org/doc/23991/ http://indiankanoon.org/doc/1248312/ http://indiankanoon.org/doc/476673/ http://indiankanoon.org/doc/269270/ http://indiankanoon.org/doc/266759/ http://indiankanoon.org/doc/1058655/ http://indiankanoon.org/doc/61482/ http://indiankanoon.org/doc/755213/ http://indiankanoon.org/doc/1497224/ http://indiankanoon.org/doc/633585/ http://indiankanoon.org/doc/1737914/ http://indiankanoon.org/doc/1383587/ http://indiankanoon.org/doc/1888321/ http://indiankanoon.org/doc/1895850/ http://indiankanoon.org/doc/715214/ http://indiankanoon.org/doc/1153651/ 21 CHAPTER IV THE CHAIRPERSON 13. Appointment, etc., of the Chairperson.—(1) The Central Government shall, by notification in the Official Gazette, appoint a suitable person as the Chairperson of the Council in accordance with clause (a) of sub-section (1) of section 4. (2) The Chairperson so appointed shall hold office for a term of five years in the first instance: Provided that his appointment may be renewed from time to time for a term not exceeding one year at a time: Provided further that where the Chairperson holds a lien on any service under the Central Government or the Government, the Central Government may at any time after reasonable notice to the Council replace his services at the disposal of the concerned Government. (3) The Central Government may remove the Chairperson from office at any time if it appears to that Government that he is incapable of performing the duties of his office or has been guilty of neglect or misconduct in the discharge of such duties, which renders his removal expedient. (4) The Chairperson shall not undertake any work unconnected with his office without the sanction of the Central Government and of the Council. 14. Leave of absence of Chairperson.—(1) Leave may be granted to the Chairperson by the Administrator. (2) Whenever such leave is granted to the Chairperson, the Central Government shall appoint another person to officiate as Chairperson in his place. 15. Appointment of officiating Chairperson in case of death, resignation or removal of Chairperson.—If any vacancy occurs in the office of Chairperson on account of death, resignation or removal, the Central Government shall appoint another person to officiate as Chairperson in his place for a term not exceeding two months, pending the appointment of a Chairperson under section 13. 16. Salary and allowances of the Chairperson and members.—(1) The Chairperson shall be paid out of the New Delhi Municipal Fund constituted under section 44 such monthly salary and such monthly allowances, if any, as may from time to time be fixed by the Central Government and may be given such facilities, if any, in relation to residential accommodation, conveyance and the like as may from time to time be fixed by that Government: Provided that the salary of the Chairperson shall not be varied to his disadvantage after his appointment. (2) The members shall be entitled to receive allowances for attendance at meeting of Council and of any of its committees at such rates as may be determined by rules made in this behalf. 17. Service regulations of members.—If a member is an officer in the service of the Government or the Central Government, the Council shall make such contribution towards his leave allowances, pension and provident fund as may be required by the conditions of his service under the Government or the Central Government to be paid by him or for him, as the case may be. 18. Functions of the Chairperson.—Save as otherwise provided in this Act the entire executive power for the purpose of carrying out the provisions of this Act and of any other Act, for the time being in force which confers, any power or imposes any duty on the Council, shall vest in the Chairperson who shall also— (a) exercise all the powers and perform all the duties specifically conferred or imposed upon him by this Act or by any other law for the time being in force; (b) prescribe the duties of and exercise supervision and control over the acts and proceedings of, all municipal officers and other municipal employees and subject to any regulation that may be made in this behalf, dispose of all questions relating to the service of the said officers and other employees and their pay, privileges, allowances and other conditions of service; http://indiankanoon.org/doc/309243/ http://indiankanoon.org/doc/1900729/ http://indiankanoon.org/doc/738110/ http://indiankanoon.org/doc/676034/ http://indiankanoon.org/doc/1184217/ http://indiankanoon.org/doc/1339426/ http://indiankanoon.org/doc/1499544/ http://indiankanoon.org/doc/1253004/ http://indiankanoon.org/doc/1687693/ http://indiankanoon.org/doc/1684948/ http://indiankanoon.org/doc/1694196/ http://indiankanoon.org/doc/653355/ http://indiankanoon.org/doc/861952/ http://indiankanoon.org/doc/1445767/ http://indiankanoon.org/doc/72257/ http://indiankanoon.org/doc/1713196/ 22 (c) on the occurrence or threatened occurrence of any sudden accident or any unforeseen event or natural calamity involving or likely to involve extensive damage to any property of the Council, or danger to human life, take such immediate action as he considers necessary and make a report forthwith to the Council and the Administrator of the action he has taken and the reasons for the same as also of the amount of cost, if any, incurred or likely to be incurred in consequence of such action, which is not covered by a budget-grant; and (d) subject to any regulation that may be made in this behalf, be the disciplinary authority in relation to all municipal officers and other municipal employees. 19. Chairperson not to be interested in any contract, etc., with the Council.—(1) A person shall be disqualified for being appointed as the Chairperson who has directly or indirectly, by himself or by a partner or any other person, any share or interest in any contract made with, or any work being done for, the Council other than as such Chairperson. (2) If the Chairperson acquires directly or indirectly, by himself or by his partner, or any other person, any share or interest in any such contract or work as is referred to in sub-section (1), he shall, unless the Central Government in any particular case otherwise decides, be liable to be removed from his office by the order of the authority competent to remove him under the provisions of this Act: Provided that before an order of removal is made the Chairperson shall be given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him. 20. Exercise of powers to be subject to sanction.—Save as otherwise provided in this Act, the exercise of any power or the performance of any duty conferred or imposed upon the Council by or under this Act which will involve expenditure, shall be subject to the following conditions, namely:— (a) that such expenditure, in so far as it is to be incurred in the year in which such power is exercised or duty performed, shall be provided for under a current budget-grant; and (b) that if the exercise of such powers or the performance of such duty involves or is likely to involve expenditure for any period or at any time after the close of the said year, such expenditure shall not be incurred without the sanction of the Council. CHAPTER V PROCEDURE Transaction of business by the Council 21. Meetings.—(1) The Council shall ordinarily hold at least one meeting in every month for the transaction of business. (2) The Chairperson and in his absence the Vice-Chairperson may, whenever he thinks fit, and shall, upon a requisition in writing by not less than one-fourth of the total number of members, convene a special meeting of the Council. (3) Any meeting may be adjourned until the next or any subsequent date, and an adjourned meeting may be further adjourned in like manner. 22. First meeting of the Council.—The first meeting of the Council shall be held as early as possible and shall be convened by the Administrator. 23. Notice of meetings and business.—A list of the business to be transacted at every meeting except at an adjourned meeting shall be sent to the address of each member at least seventy-two hours before the time fixed for such meeting; and no business shall, except where the Chairperson otherwise directs, be brought before, or transacted at, in any meeting other than the business of which a notice has been so given: Provided that any member may send of deliver to the Secretary notice of any resolution going beyond the matters mentioned in the notice given of such meeting so as to reach him at least forty-eight hours before the date fixed for the meeting and the Secretary shall, with all possible despatch, take steps to circulate such resolution to every member in such manner as he may think fit. http://indiankanoon.org/doc/48784/ http://indiankanoon.org/doc/756136/ http://indiankanoon.org/doc/1093151/ http://indiankanoon.org/doc/1261355/ http://indiankanoon.org/doc/1862558/ http://indiankanoon.org/doc/1005701/ http://indiankanoon.org/doc/1122729/ http://indiankanoon.org/doc/1499557/ http://indiankanoon.org/doc/1618760/ http://indiankanoon.org/doc/577451/ http://indiankanoon.org/doc/298050/ http://indiankanoon.org/doc/1860705/ http://indiankanoon.org/doc/1253277/ http://indiankanoon.org/doc/820792/ 23 24. Quorum.—(1) The quorum necessary for the transaction of business at a meeting of the Council shall be prescribed by the Central Government. (2) If at any time during a meeting of the Council, there is no quorum, it shall be the duty of the Chairperson or the person presiding over such meeting either to adjourn the meeting or to suspend the meeting until there is a quorum. (3) Where a meeting has been adjourned under sub-section (2), the business which would have been brought before the original meeting if there had been a quorum present there at, shall be brought before, and may be transacted at an adjourned meeting, whether there is a quorum present or not. 25. Presiding Officer.— 1 [(1) The meetings of the Council shall be presided over, in the following order, by,— (a) the Chief Minister of Delhi, if he is a member of the Legislative Assembly of Delhi representing the constituency which comprises wholly or partly the New Delhi area, and attends the meeting being a member of the Council under clause (b) of sub-section (1) of section 4; or (b) the Union Minister, if he is a Member of Parliament representing the constituency which comprises wholly or partly the New Delhi area, and attends the meeting being a member of the Council under clause (e) of sub-section (1) of section 4; or (c) the Minister in the Government of National Capital Territory of Delhi, if he is a Member of the Legislative Assembly of Delhi representing the constituency which comprises wholly or partly the New Delhi area, and attends the meeting being a member of the Council under clause (b) of sub-section (1) of section 4; or (d) the Member of Parliament not being a Minister for the Union representing the constituency which comprises wholly or partly the New Delhi area, and attends the meeting being a member of the Council under clause (e) of sub-section (1) of section 4; or (e) the Chairperson of the Council.] (2) The Chairperson or the person presiding over a meeting shall have and exercise a second or a casting vote in all cases of equality of votes. 26. Method of deciding questions.—(1) Save as otherwise provided in this Act, all matters required to be decided by the Council shall be decided by the majority of the votes of the members present and voting. (2) The voting shall be by show of hands, but the Council may, subject to such regulations as may be made by it, resolve that any question or class of question shall be decided by ballot. 27. Members not to vote on matter in which they are interested.—No member shall vote at a meeting of the Council or of any Committee thereof on any question relating to his own conduct or vote or take part in any discussion on any matter (other than a matter affecting generally the residents of New Delhi) which affect his pecuniary interest or any property in respect of which he is directly or indirectly interested, or any property of or for which he is a manager or agent. 28. Right 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.—(1) Any municipal officer authorised by the Chairperson in this behalf may attend, speak in, or otherwise take part in the proceedings of, any meeting of the Council or any of its Committees, but none of the persons specified herein shall by virtue of this sub-section be entitled to vote in any such meeting. (2) A member may, subject to the provisions of sub-section (3), ask the Chairperson questions on any matter relating to the municipal government of New Delhi or the administration of this Act in any meeting of the Council. (3) The right to ask a question shall be governed by the following conditions, namely:— (a) not less than seven clear days‟ notice in writing specifying the question shall be given to the Secretary; 1. Subs. by Act 5 of 2012, s. 3, for sub-section (1) (w.e.f. 1-3-2012). http://indiankanoon.org/doc/210454/ http://indiankanoon.org/doc/1133318/ http://indiankanoon.org/doc/926037/ http://indiankanoon.org/doc/654899/ http://indiankanoon.org/doc/751910/ http://indiankanoon.org/doc/797852/ http://indiankanoon.org/doc/1994002/ http://indiankanoon.org/doc/518783/ http://indiankanoon.org/doc/1898966/ http://indiankanoon.org/doc/1599330/ http://indiankanoon.org/doc/1032270/ http://indiankanoon.org/doc/1543717/ http://indiankanoon.org/doc/1904209/ http://indiankanoon.org/doc/1520822/ http://indiankanoon.org/doc/1886678/ http://indiankanoon.org/doc/957308/ 24 (b) no question shall— (i) bring in any name or statement not strictly necessary to make the question intelligible, (ii) contain argument, ironical expressions, imputations, epithets or defamatory statements, (iii) ask for an expression of opinion or the solution of a hypothetical proposition, (iv) ask as to the character or conduct of any person except in his official or public capacity, (v) relate to a matter which is not primarily the concern of the Council, (vi) make or imply a charge of a personal character, (vii) raise questions of policy too large to be dealt with within the limits of an answer to a question, (viii) repeat in substance questions already answered or to which an answer has been refused, (ix) ask for information on trivial matters, (x) ordinarily ask for information on matters of past history, (xi) ask for information set forth in accessible documents or in ordinary works of reference, (xii) raise matters under the control of bodies or persons not primarily responsible to the Council, (xiii) ask for any information on matter which is under adjudication by a court of law. (4) The Chairperson shall not be bound to answer a question if it asks for information which has been communicated to him in confidence or if in the opinion of the Chairperson it cannot be answered without prejudice to public interest or the interest of the Council. (5) The Council may make regulations for the transaction of business at its meetings: Provided that the time, place and procedure for the first meeting after the constitution of the Council under section 4 shall be determined by the Administrator. 29. Keeping of minutes and proceedings.—Minutes in which shall be recorded the names of the members present at, and the proceedings of each meeting of the Council, and every other committee constituted under sub-section (1) of section 9 shall be drawn up and recorded in a book to be kept for that purpose, and shall be laid before the next ensuring meeting of the Council, or of such committee, as the case may be, and signed at such meeting by the presiding officer thereof. 30. Circulation of minutes and inspection of minutes and reports of proceedings.—(1) Minutes of the proceedings of each meeting of the Council shall be circulated to all the members and shall at reasonable times be available at the municipal office for inspection by any other person on payment of a fee of two rupees. (2) Full reports, if any, of such proceedings shall similarly be available for inspection, by any member without charge and by any other person on payment of a fee of two rupees. 31. Forwarding minutes and reports of proceedings to the Administrator.—(1) The Secretary shall forward to the Administrator a copy of the minutes of the proceedings of each meeting of the Council, within ten days from the date on which the minutes of the proceedings of such meeting were signed under section 29. (2) The Administrator may also in any case ask for a copy of any paper or all the papers which were laid before the Council or any committee thereof and the Secretary shall forward to the Administrator a copy of such paper or papers. (3) The Secretary shall also forward to the Administrator as soon as may be after the date referred to in sub-section (1) a full report of the proceedings of each meeting of the Council, if any such report be prepared. http://indiankanoon.org/doc/1501506/ http://indiankanoon.org/doc/1911688/ http://indiankanoon.org/doc/1277747/ http://indiankanoon.org/doc/715026/ http://indiankanoon.org/doc/1071449/ http://indiankanoon.org/doc/962966/ http://indiankanoon.org/doc/81724/ http://indiankanoon.org/doc/694147/ http://indiankanoon.org/doc/160657/ http://indiankanoon.org/doc/1831649/ http://indiankanoon.org/doc/1610828/ http://indiankanoon.org/doc/96618/ http://indiankanoon.org/doc/518264/ http://indiankanoon.org/doc/1097432/ http://indiankanoon.org/doc/233269/ http://indiankanoon.org/doc/939455/ http://indiankanoon.org/doc/1075358/ http://indiankanoon.org/doc/1834037/ http://indiankanoon.org/doc/18059/ http://indiankanoon.org/doc/1380344/ http://indiankanoon.org/doc/1332079/ http://indiankanoon.org/doc/783096/ http://indiankanoon.org/doc/1003906/ http://indiankanoon.org/doc/906514/ http://indiankanoon.org/doc/1962172/ 25 Validation 32. Validation of proceedings, etc.—(1) No act done or proceedings taken under this Act shall be questioned on the ground merely of— (a) the seat of any member remaining unfilled from any cause whatsoever; (b) the existence of any vacancy in, or any defect in the constitution of, the Council or in any committee thereof; (c) any member having voted or taken part in any proceedings in contravention of section 27; (d) any defect or irregularity not affecting the merits of the case. (2) Every meeting of the Council or of any committee thereof, the minutes of the proceeding of which have been duly drawn up and signed shall be deemed to have been duly convened and to be free from all defects and irregularities. CHAPTER VI MUNICIPAL OFFICERS AND OTHER MUNICIPAL EMPLOYEES 33. Appointment of certain officers.—(1) The Council shall appoint suitable persons to be the Secretary and Chief Auditor of the Council, and such other officer or officers as the Council may deem fit on such monthly salaries and such allowances, if any, as may be fixed by the Council: Provided that the Chief Auditor shall not be eligible for any other office under the Council after he has ceased to hold this office. (2) The appointment of the Secretary and the Chief Auditor shall be made with the previous approval of the Administrator. 34. Schedule of permanent posts and creation of temporary posts.—(1) The Chairperson shall from time to time prepare and lay before the Council a Schedule of category „A‟ and category „B‟ posts other than the posts of Secretary and Chief Auditor specified in section 33, setting forth the designations and grades of municipal officers and other municipal employees who should be maintained permanently in the service of the Council indicating therein the salaries, fees and allowances which are proposed to be paid to such officers and other employees. (2) The Council shall approve and sanction the Schedule either without modifications or with such modifications as it thinks fit or may amend it either on its own motion or otherwise. (3) The Chairperson may create any category „B‟, or category „C‟, or Category „D‟ post and for a period not exceeding six months any category „A‟ post: Provided that no such category „A‟ post shall be beyond the said period without the previous approval of the Council. (4) In this section and in section 36— (i) “category „A‟ post” means any post, which having regard to its scale of pay or emoluments, would, if such post had been in the Central Government, be classified as a Group „A‟ post under the Central Government in accordance with the orders issued by that Government from time to time; (ii) “category „B‟ post” means any post which having regard to its scale of pay or emoluments, would, if such post had been in the Central Government, be classified as a Group „B‟ post under the Central Government in accordance with the orders issued by that Government from time to time; (iii) “category „C‟ posts” means any post, which having regard to its scale of pay or emoluments would, if such post had been in the Central Government, be classified as a Group „C‟ post under the Central Government, in accordance with the orders issued by that Government from time to time; (iv) “category „D‟ posts” means any post, other than a category „A‟ or category „B‟ or category „C‟ post. 35. Restriction on employment of permanent officers and other employees.—No permanent officer or other employee shall be entertained in any department of the municipal administration unless he http://indiankanoon.org/doc/866292/ http://indiankanoon.org/doc/1720351/ http://indiankanoon.org/doc/455482/ http://indiankanoon.org/doc/588162/ http://indiankanoon.org/doc/458947/ http://indiankanoon.org/doc/394036/ http://indiankanoon.org/doc/603709/ http://indiankanoon.org/doc/1264585/ http://indiankanoon.org/doc/781186/ http://indiankanoon.org/doc/477651/ http://indiankanoon.org/doc/133494/ http://indiankanoon.org/doc/739516/ http://indiankanoon.org/doc/1088199/ http://indiankanoon.org/doc/69148/ http://indiankanoon.org/doc/815426/ http://indiankanoon.org/doc/1216427/ http://indiankanoon.org/doc/1087721/ http://indiankanoon.org/doc/1275328/ http://indiankanoon.org/doc/943382/ http://indiankanoon.org/doc/492587/ 26 has been appointed under sub-section (1) of section 33 or his office and emoluments are included in the Schedule for the time being in force prepared and sanctioned under section 34 or is appointed against a permanent post under section 36. 36. Power to make appointments.—(1) Subject to the provisions of section 33, the power of appointing municipal officers and other municipal employees, whether temporary or permanent,— (a) to category „A‟, category „B‟ and category „C‟ posts, shall vest in the Chairperson; and (b) to category „D‟ posts shall vest in the Secretary. (2) The claims of the members of the Scheduled Castes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments of municipal officers and other municipal employees. 37. Officers and other employees not to undertake any extraneous work.—No municipal officer or other municipal employee shall undertake any work unconnected with his duties under this Act except with the permission of the Chairperson. 38. Officers and other employees not to be interested in any contract, etc., with the Council.—(1) A person shall be disqualified for being appointed as a municipal officer or employee if he has, directly or indirectly, by himself or by a partner or any other person any share or interest in any contract made with, or any work being done for, the Council other than as such officer or employee. (2) If any such officer or other employee acquires, directly or indirectly, by himself or by a partner or any other person, any share or interest in any such contract or work as is referred to in sub-section (1), he shall unless the authority appointing him in any particular case otherwise decides, be liable to be removed from his office by an order of such authority: Provided that before an order of removal is made, such officer or other employee shall be given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him. 39. Punishment for municipal officers and other employees.—(1) Every municipal officer or other municipal employee shall be liable to have his increments or promotion withheld or to be censured, reduced in rank, compulsorily retired, removed or dismissed for any breach of any departmental regulations or of discipline or for carelessness, unfitness, neglect of duty or other misconduct by such authority as may be prescribed by regulation: Provided that no such officer or other employee as aforesaid shall be reduced in rank, compulsorily retired, removed or dismissed by an authority subordinate to that by which he was appointed: Provided further that the Council may by regulations provide that municipal employees belonging to such classes or categories as may be specified in the regulations shall be liable also to be fined by such authority as may be specified therein. (2) No such officer or other employee shall be punished under sub-section (1) unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him: Provided that this sub-section shall not apply— (a) where an officer or other employee is removed or dismissed on the ground of conduct which had led to his conviction on a criminal charge; or (b) where the authority empowered to remove or dismiss such officer or other employee is satisfied that for some reason, to be recorded by that authority, it is not reasonably practicable to give that person an opportunity of showing cause. (3) If any question arises whether it is not reasonably practicable to give any officer or other employee an opportunity of showing cause under sub-section (2), the decision thereon of the authority empowered to remove or dismiss such officer or other employee shall be final. (4) An officer or other employee upon whom a punishment has been inflicted under this section may appeal to such officer or authority as may be prescribed by regulations: Provided that in the case of an officer or other employee appointed by the Chairperson, an appeal shall lie to the Administrator. http://indiankanoon.org/doc/887654/ http://indiankanoon.org/doc/1778616/ http://indiankanoon.org/doc/640524/ http://indiankanoon.org/doc/1942574/ http://indiankanoon.org/doc/756462/ http://indiankanoon.org/doc/976068/ http://indiankanoon.org/doc/931544/ http://indiankanoon.org/doc/1413240/ http://indiankanoon.org/doc/131256/ http://indiankanoon.org/doc/1182311/ http://indiankanoon.org/doc/613244/ http://indiankanoon.org/doc/278572/ http://indiankanoon.org/doc/1999464/ http://indiankanoon.org/doc/912703/ http://indiankanoon.org/doc/1753536/ http://indiankanoon.org/doc/948761/ http://indiankanoon.org/doc/987073/ 27 40. Consultation with the Union Public Service Commission.—No appointment to any category A post within the meaning of clause (i) of sub-section (4) of section 34 shall be made except after consultation with the Commission: Provided that no such consultation with the Commission shall be necessary in regard to the selection for appointment— (a) to any acting or temporary post for a period not exceeding one year; or (b) to such ministerial posts as may from time to time be specified by the Council in consultation with the Commission when such posts are to be filled by promotion; or (c) to a post when at the time of such appointment the person to be appointed thereto is in the service of the Central Government or a State Government in a Group A post; (d) to a permanent or temporary post, if the officer or other employee to be appointed is not likely to hold that post for more than one year; or if such officer or other employee is likely to hold the post for more than one year but not more than three years and the Commission advises that the appointment may be made without consulting the Commission; or (e) to such other posts, as may, from time to time, be specified by the Central Government in consultation with the Commission. 41. Power of Commission to make regulations and reference to the Central Government in case of difference between the Commission and the Council.—(1) The Commission may make regulations for the following matters, namely:— (a) the procedure to be followed by the Commission in advertising posts, inviting applications, scrutinising the same and selecting candidates for interview; (b) the procedure to be followed by the Commission for selecting candidates for appointment and by the Council for consultation with the Commission; (c) any other matter which is incidental to, or necessary for, the purpose of consultation with the Commission. (2) In the case of any difference of opinion between the Commission and the Council on any matter, the Council shall refer the matter to the Central Government and the decision of that Government thereon shall be final. 42. Recruitment to category B and category C posts.—The direct recruitment to category B and category C posts may be made by the Government through such agencies as may be prescribed for it. 43. Power of Council to make regulations.—(1) The Council may make regulations to provide for any one or more of the following matters, namely:— (a) the tenure of office, salaries and allowances, provident funds, pensions, gratuities, leave of absence and other conditions of service of officers and other employees appointed under this Chapter; (b) the powers, duties and functions of Secretary; (c) the qualifications of candidates for appointment to posts specified in section 33 and to posts dealt with in the Schedule of posts referred to in sub-section (1) of section 34 and the manner of selection for appointments to such posts; (d) the procedure to be followed in imposing any penalty under sub-section (1) of section 39, suspension pending departmental inquiries before the imposition of such penalty and the authority by whom such suspension may be ordered; the officer or authority to whom an appeal shall lie under sub-section (4) of that section; (e) any other matter which is incidental to or necessary for, the purpose of regulating the appointment and conditions of service of persons appointed to services and posts under the Council and any other matter for which in the opinion of the Council provisions should be made by regulations. http://indiankanoon.org/doc/540027/ http://indiankanoon.org/doc/511821/ http://indiankanoon.org/doc/391735/ http://indiankanoon.org/doc/1136140/ http://indiankanoon.org/doc/35607/ http://indiankanoon.org/doc/537131/ http://indiankanoon.org/doc/1777051/ http://indiankanoon.org/doc/1086294/ http://indiankanoon.org/doc/165422/ http://indiankanoon.org/doc/982373/ http://indiankanoon.org/doc/546291/ http://indiankanoon.org/doc/1176234/ http://indiankanoon.org/doc/745411/ http://indiankanoon.org/doc/1131227/ http://indiankanoon.org/doc/1432007/ http://indiankanoon.org/doc/1514738/ http://indiankanoon.org/doc/489818/ http://indiankanoon.org/doc/135075/ http://indiankanoon.org/doc/1201531/ http://indiankanoon.org/doc/1493112/ 28 (2) No regulation under clause (c) of sub-section (1) shall be made except after consultation with the Commission. CHAPTER VII REVENUE AND EXPENDITURE The New Delhi Municipal Fund 44. Constitution of the New Delhi Municipal Fund.—(1) Save as otherwise provided in this Act— (a) all funds which immediately before the establishment of the Council vested in the New Delhi Municipal Committee; (b) all moneys received by or on behalf of the Council under the provisions of this Act or of any other law for the time being in force, or under any contract; (c) all proceeds of the disposal of property by, or on behalf of, the Council; (d) all rents accruing from any property of the Council; (e) all moneys raised by any tax, rate or cess levied for the purposes of this Act; (f) all fees collected and all fines levied under this Act or under any rule, regulation or bye-law made thereunder; (g) all moneys received by or on behalf of the Council from the Government or Central Government or any individual or association of individuals by way of grant or gift or deposit; (h) all interests and profits arising from any investment of, or from any transaction in connection with, any money belonging to the Council, including loans advanced under this Act; and (i) all moneys received by or on behalf of the Council from any other source whatsoever, shall form one Fund to be entitled “the Municipal Fund of New Delhi” (hereafter in this Act referred to as “the New Delhi Municipal Fund”). (2) The New Delhi Municipal Fund shall be held by the Council in trust for the purposes of this Act subject to the provisions herein contained and a General Account relating to all moneys received by or on behalf of the Council shall be maintained. 45. New Delhi Municipal Fund to be kept in the State Bank of India.—All moneys payable to the credit of the New Delhi Municipal Fund in the General Account shall be received by the Chairperson and shall be forthwith paid into the State Bank of India to the credit of the said Account which shall be entitled “The General Account of the New Delhi Municipal Fund”. 46. Operation of the Accounts.—(1) Save as otherwise provided in this Act no payment shall be made by the State Bank of India out of the New Delhi Municipal Fund except on a cheque signed by both— (a) the Financial Adviser or an officer subordinate to him authorised by the Chairperson in this behalf; and (b) the Chairperson or the Secretary or an officer subordinate to the Chairperson authorised by him in this behalf. (2) Payment of any sum due by the Council in excess of five hundred rupees shall be made by means of a cheque signed in accordance with sub-section (1) and not in any other way. (3) Payments not covered by sub-section (2) may be made in cash. 47. Payments not to be made unless covered by a budget-grant.—No payment of any sum out of the New Delhi Municipal Fund shall be made unless the expenditure of the same is covered by a current budget-grant and a sufficient balance of such budget-grant is still available notwithstanding any reduction or transfer thereof which may have been made under the provisions of this Act: Provided that this section shall not apply to payments made in the following classes of cases, namely:— (a) refund of taxes and other moneys which are authorised under this Act; http://indiankanoon.org/doc/1672334/ http://indiankanoon.org/doc/1230040/ http://indiankanoon.org/doc/182225/ http://indiankanoon.org/doc/1906380/ http://indiankanoon.org/doc/1532599/ http://indiankanoon.org/doc/193006/ http://indiankanoon.org/doc/949776/ http://indiankanoon.org/doc/946668/ http://indiankanoon.org/doc/1625178/ http://indiankanoon.org/doc/438200/ http://indiankanoon.org/doc/1299105/ http://indiankanoon.org/doc/1701066/ http://indiankanoon.org/doc/681342/ http://indiankanoon.org/doc/299723/ http://indiankanoon.org/doc/257015/ http://indiankanoon.org/doc/155387/ http://indiankanoon.org/doc/305631/ http://indiankanoon.org/doc/1975484/ http://indiankanoon.org/doc/212996/ http://indiankanoon.org/doc/10132/ http://indiankanoon.org/doc/736791/ http://indiankanoon.org/doc/1384426/ 29 (b) repayment of moneys belonging to contractors or other persons and held in deposit and of moneys collected or credited to the New Delhi Municipal Fund by mistake; (c) sums payable in any of the following circumstances— (i) under orders of the Central Government on failure of the Council to take any action as required by that Government; or (ii) under any other enactment for the time being in force; or (iii) under the decree or order of a civil or criminal court passed against the Council; or (iv) under a compromise of any claim, suit or other legal proceedings; or (v) on account of cost incurred in taking immediate action by the Chairperson under clause (c) of section 18 to avert a sudden threat of danger to the property of the Council or to human life; (d) temporary payments for works urgently required by the Central Government in the public interest; (e) sums payable as compensation under this Act or under any rules, regulations or bye-laws made thereunder; (f) expenses incurred under section 287 by the Chairperson on special measures taken on the outbreak of dangerous diseases. 48. Duty of persons signing cheques.—Before any person signs a cheque in accordance with section 46, he shall satisfy himself that the sum for which the cheque is drawn is either— (a) required for a purpose or work specifically sanctioned by the proper authority and covered by a current budget-grant, or (b) required for any payment referred to or specified in section 47. 49. Procedure when money not covered by a budget-grant is expended.—Whenever any sum is expended under clauses (c), (e) or (f) of the proviso to section 47, the Chairperson shall forthwith communicate the circumstances to the Council, which may take such action under the provisions of this Act as shall, in the circumstances appear possible and expedient for covering the amount of the additional expenditure. 50. Application of New Delhi Municipal Fund.—(1) The moneys from time to time credited to the New Delhi Municipal Fund shall be applied in payment of all sums, charges and costs necessary for carrying out the provisions of this Act, and of the rules, regulations and bye-laws made thereunder, or of which payment is duly directed, sanctioned or required by or under any of the provisions of this Act. (2) Such moneys shall likewise be applied in payment of all sums payable out of the New Delhi Municipal Fund under any other enactment for the time being in force. 51. Temporary payments from the New Delhi Municipal Fund for works urgently required for the public service.—(1) On the written requisition of a Secretary to the Central Government, the Chairperson may at any time undertake the execution of any work certified by such Secretary to be urgently required in public interest, and for this purpose may temporarily make payments from the New Delhi Municipal Fund so far as the same can be met without unduly interfering with the regular work of the Council. (2) The cost of work so executed and of the establishment engaged in executing the same shall be paid by the Central Government and credited to the New Delhi Municipal Fund. (3) On the receipt of any requisition under sub-section (1) the Chairperson shall forthwith forward a copy thereof to the Council together with a