The New Delhi Municipal Council Ordinance, 1994

'{io i\o ll,Ao 33004 / 94 REGISTERED No. DL-33004/94 EXTRAORDINARY ,n1tfi~1 PART Il-Sectlon 1 5Ufucfil< ~ 5'cfitfi.td PUBLISHED · BY AUTHORITY tt• so] ':l'f ~. ~. 1't 2s, 1994/~ 4, 1916 (ffli) No. SO} New Deihl, Wednesday, May 25, 199-VJyalstha 4, 1916 (Saka) ~ 11T'1 ~ m 118 ~ t ';Jira\ t ~ fc5 ~ ~ ~ $ ~ ~ -m ~ ~, Stp1r1te pa&in& is pvm to thls P~rt ln order that lt ma~ he ffled as a separate compilation. Ministry of Law, Justice and Company Affairs (Legislative Department) New Delhi, the 25th May, 1994/ Jyaistha 4, 1916 (Saka) THE NEW DELHI MUNICIPAL COUNCIL ORDINANCE, 1994 No. 8 OF 1994 Promulgated by the President in the Forty-fifth Year of the Republic of India. An Ordinance to provide for the establishment of the New Delhi Municipal Council and for matters connected therewith or incidental thereto. ~HEREAS the House of the People is not in session and the ~resident is sattsfied that circumstances exist which render it necessary for him to take immediate action· ' Now, TIIEREFORE, in .exercise of the ~wers conferred by clause (1) of arti~le 123 of the Constitution the President is pleased to promulgate the following 0 rdinance:- CHAPTER I PRELIMINARY 1 (1) T h New Delhi Municipal Council 0 : his Ordinance may be called t e rdmance, 1994. <2> It extends to New Delhi. (J) It shall come into force at once. 2 I h • requires -• n this Ordinance unless the context ot crwise ' ' 1 Short title , extent and commence• ment. Definitions. THE GAZETIE OF INDIA l!XlKAVIUIU'lr-.1" IPAkT 11- ~2 ==================================================-­ (1) ... Administrator" means the Administrator of the National Capita) Territory of Delhi; (i) "Appellate Tribunal" means as 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 adopte~ by the Council and includes any sum by which such budget-gran.:t _may .be mcrease~ _or reduced b transfer from or to other heads in accordance with the prov1s1ons of this cirdinance 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 otb~r structure, whether of masonry, bricks, wood, mud, metal or other matenal but does not include any portable shelter; (5) "bye-Jaw" means a bye-Jaw made under this Ordinance, by notification in the Official Gazette; (6) ".casual vacancy" means a vacancy occurring otherwise than by efflux of time in the office of an elected member of the Council; (7) "Chairperson" means the Chairperson of the Council; (8) "Corporation" means the Municipal Corporation of Delhi estab­ lished under the Delhi Municipal Corporation Act, 1957; (9) "Council" means the New Delhi Municipal Council established under this Ordinance; (10) "dagnerous 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 Ordinance; (11) "Delhi" means the entire area of the National Capital Territory of Delhi except New Delhi and Delhi Cantonment; (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 mattter, polluted water, waste water, rain water or sub-soil water· ' (13) "entertainmen.t" includes any exhibition, perfonnance, amusement, game or sport to which persons are ordinarily admitted on payment; 66 of 1957. (l4) "factory" means a factory as defined in the Factories Act, 1948; (15) "filth" includes offensive matter, and sewage and; 63 of 1948· (16) "goods" includes animals· ' 07) "Government" means the Government of the National Capital Territory of Delhi; 08) "house-gully" means a passage or strip of land constructed, set apart or utilised for the . purpose of serving as or carrying a dr~in or $[C, 1} THE GAZETTE OF INDIA EXTRAORDINARY ~ ffording access to a latrine, urinal, cesspool of other r l a H d t b • . eceptac e for filth other po ute mat er, y municipal employee h oermployed in the cleansing thereof or in the removalor fot erh person 0 sue matter therefrom; 3 (19) "but" means any building which is constructed pnncipaly of wood, bamboo, mud, leaves, grass, cloth or thatch and includes structure of whatever material ~ade w~ich the Council may declar/~~ be a hut for the purposes of this Ordinance; • (20) "inhabitant", i~ re_Iation . t~ the municipal area of New Delhi includes a~y pe_rson ordinanly residing or ~arrying 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" means respectively a person licensed under the provisions of this Ordinance as an engineer and a plu?lber; (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 food or any other articles of human consumption 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 Fir~t Schedule or such area as may be notified by the Central Government from time to time; • • place animal or thing (28) "nuisance" includes any act, om1ss1on, , • • d ger annoyance or offence which causes or is likely to cause m1ury, an ' 1 to the sense of sight, smell, or hearing or distur~a~c~ to rteost h:ral!hee~; • • • be d • to l1'fe or mJunous or which 1s or may angerous property; (29) "occupier" includes - b . . paying or is liable to (a) any person who for the time ei_ng •~f the rent of the land pay to the owner the rent 0! any portio~ . paid or is payable; or building in respect of w~ich s;ch re;h::Wise using his land or (b) an owner in occupation ° ' or building; nd or building; (c) a rent-free tenant 0 f. .any la an land or building; and (d) a licensee in occ~pa~•~~ 0 :0 !y to the owner damages for (e) any person w~o IS ha e lanl or building; the use and occupation of any 4 THE GAZETTE OF INDIA EXTRAORDINARY ff . matter" includes animal carcasses, kitchen or stable (30)d"o endsirt_iveand putrid or putrefying substances other than sewage· refuse, ung, Offi • I G tt f th N • ' (31) "Official Gazette:' means the c1a aze e o e ational Capital Territory of Delhi; . . . . . (32) .. " includes a person who for the time bemg IS rece1V1ng or is owner b 'Id' h h h' entitled to receive, the rent of any land or u1 mg w et er on ts own account or on account of himself and others or as an agent, ~rustee, d. 0 receiver fQr any other person or who should so receive the guar 1an r ,. b 'Id' h rent or be entitled to receive it if the land or u1 mg or part t ereof were let to a tenant and also includes- (a) the cvstodian of evacuee pr~p~rty . in respect .of evacuee property vested in him under the Admm1Strat1on of Evacuee Property 31 of 1950 _ Act, and (b) the estate officer to the Government of India, the Secretary· of the Delhi Development Authority, constituted under the Delhi Development Act, 1957, the General Manager of a railway and the 11 of 1957. head of a Government department, in respect of properties under their respective control; (33) "permises" 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 perscribed by fules made under this Ordinance; (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 Govern­ ment or a State Government or any securities guaranteed by the Central Government or a State Government or any securities issued under this Orinance; (39) "public street" means any street which vests in the Council as a pu~lic street or the soil below the surface of which vests in the Council or which under the provisions of this Ordinance becomes or is declared to be, a public street; ' · (40) " ·1w d • • • . rai ay a m1mstrat1on" has the meaning assigned to it in the Railways Act, 1989: 2' of 1989, (41) "r t " I. ~ a e payer me~ns a person liable to pay any rate tax cess or 1cence 1ee under this Ordinance. - ' ' , (42) "rateable value" h • d ., means t e value of any land ·or building fixed in accor ance with the provis' f • . • d thereunder (or the ur ~ons O this Ordmance and the bye-laws ma e P pose of assessment -to property taxes· (43) "regulation" means 1 . ' notification in the Offi . 1 a regu ation made u~der this Ordinance by • 1c1a Gazette· (44) "reside" - ' l ' (a) a person shall be d d . . . which eeme to "reside m any dwelling house . t or some portion of which he sometimes although • not unm erruptedly, uses as a sleeping apartment, and' THE GAZETTE OF INDIA EXTRAORDINARY SEC· I] =======~~~~~=:==============================~5 ~ (b) a person shall not be deemed to cease to " 'd ,, . l be resi e in any su h dwelling house mere y cause he is absent from •t h c another dwelling house in which he resides if th i o! . has e!sewhere . • d , ere is t e liberty of returning to it at any time an no abandonment of th . . • • t·o 1·t· e intention of returning , (45) "rubbifsh" incfludes k~hdes, b:oke~ bricks, -broken glass, dust malba mortar and re use . o any m which, is not filth; ' (46) "rule" means a rule made under this Ordinance by n t'f' t· . . o i 1ca 10n m the Official Gazet.te; (47) "Scheduled Castes" means such castes, races or tribes or rt f . h' h t . • pa so or groups wit m ~uc cases, races or_ t1:1bes as are deemed to be Scheduled C'.astes under _article 341 of the Constitution; . (48) "service passage" or "lane" o~. "bye-lane" means a P.assage or stnp of l_and const!ucted, set ~~art or ut1hs~d for the purpose of serving as or carrying a dram or electnc1ty cable (under-ground 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· ' (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, moto_r vehicle and eve~ wheeled conveyance which is used or is capable of bemg 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, kany l~ver, cist · ducts water true s, s uiceS, ~rns, ~prings, pumps, wells, reservoirs,. aque ' duits and all lands, m~m~, pipes, . culverts, hydrants, sta~d-pipes and conor intended for the buildings, machinery bridges and thmgs, used for, purpose of, supplying water; • • . (' 1 d' the precincts thereof) (58) "workshop" means any premises me u mg . • d on· oth . • d t • al process is came. , er than a factory wherein any m us n ' • the 1st day of April. (59) "year" means a year commencmg on 6 THE GAZETTE OF INDIA EXTRAORDINARY IP.-.11.,. ll­ ~ ============~CH~ A~PTE~R~ l~I ========::::::::::::::::== THE COUNCIL Constitution of the Council Establish• ment of the Council. J. (J) With effect from such date ~ the Central Government rna ffication in the Official Gazette, appomt, there shall be a Council / • by :~t~ the municip~I government of New Delhi, to be known as the Ne; ~!~~ Municipal Council. . 1 (2) The Council shall be a body corporate with the name aforesaid h . I • h b' av1ng perpetual succession and a common sea wit power, su Ject to the provis· this Ordinance, to acquire, hold and dispose of property and may by t~~~a: name sue and be sued. Composition 4. (J) The Council shall consist of the following members, namley:- of the Council. Durations. Disqualifica- tion for membership of Council. (a) a Chairperson, from amongst the officers, of the Central Govern­ ment or the Government, of or above the rank of Joint Secretary to th Government, to be nominated by the Central Government in consultatioat with the Chief Minister of Delhi; n (~) thr~e me?1bers of _Legislative Assembly of Delhi respresenting const1tuenc1es which compnse 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 ( d) two 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, artist/es, media persons, sports persons, and any other class of persons as may be specified by the Central Government in this brtehalf. (2) The Member of Parliament, representing constituency which comprises wholly or partly the New Delhi area, shall be the special invitee for the meetings of the Council and he shall have no right to vote. (3) Out of the eleven members referred to in sub-section (1), there shall be at least three women members and one belonging to the Scheduled Castes. (4) The Central Government shall nominate, in consultation with the Chief ~inister of Delhi, a Vice-Chairperson from amongst the members specified in clauses (b) and (d) of sub-section (1). S. The duration will be five years. 6. (1) A person shall be disqualified for a member, (a) if he is of unsound mind and stands so declared by a compentent court; {b) if he is an undischarged insolvent; . . (c) if he is not a citizen of India or has voluntarily acquired the c1t1zenship of a f • s . ' d ent of . ore1gn tate, or 1s under any acknowJe gem aJJeg1ance or adherence to a foreign State; . (d) if he is so disqualified by or under any law for the time being 1 " ~r~e for the purposes of elections to the Legislative Assembly of the atJonaJ Capita) Territory of Delhi; L . _(c) if he is so disqualified by or under any Jaw made by the egislative _Assembly of the National Capital Territory of Delhi; (f) if he holds any office of profit under the Council. -- • ··- -· --- - - - -· ..,...,,~ t:.A l KAORDINARY 5(C· l) ~ 7 ~ if he is a licensed architect, draughtsman . or or town planner or is a partner of a firm' ~?m~er, plumber, survey d person is also a partner; • which any such license . . . d . . . lb) if he 1s mtcreste m any subsisting contract d . \' f h C ·1 ma e with or k being done or, t e ounc1 except as a shareh Id ' any wor • d O er other than . . tor in an mcorporate company or as a member f . a d1rcc O a co-operative society; . . (i) if he 1s retained or employed in any professional . . • h f f' . capacity·enhcr Sonally or m t e name o a irm of which he is a partner . h . per • f . • 1 . . or Wit which h •s engaged m a pro css1ona capacity, m connection wi'th c 1 • • h C • . . any cause or Oceeding m which t e ounc1l 1s interested or concerned· pr . , (j) if he, havmg h:ld any office under the Government or central Government or ~he Council or any other authority, has been dismissed for corruption or ~1sl~yal.ty to the St~te u?l.ess a period of four years has elapsed since h1~ d.1sm1ssal or the d1squahf1cation has been removed by the Election Comm1ss1on; (k) if he fails to pay any arrears of any kind due to him, otherwise than as an agent, receiver, trustee or an executor, to the Council within three months after a notice in this behalf has been served upon him. (2) Notwithstanding anything contained in sub-section (1),- (a) a person shall not be deemed to have incurred any disqualifica­ tion under clause (f) of sub-section (1) by reason of his recciving,­ (i) any pension; or (ii) any allowance or facility for serving as the Chairperson or Vice Chairperson; . (iii) any fee for attendance at meetings of any committee of the Council. • (b) a person shall not be deemed to have any interest in a contract or works such as is referred to in clause (i) of sub-section (1) by reason only of his having a share or interest in- (i) any lease, sale, exchange or purchase of immovable_ property or any agreement for the same; or (ii) any agreement for the loan of money or any security for the payment of money only; or (iii) any newspaper in which any advertisement relating to the affairs of the Council is inserted; or (iv) the sale to the Council or any officer or other empl~yee of • I • which he the Council on .behalf of the Council of an artlc e m ff' • C ·1 or from any o 1cer regularly trades or the purchase from the ounci . 1 f a value or other employee on behalf of the Council of any artic c O . • d s in the aggregate m m either case not exceeding five thousan rupee • • h t act or work· or any year durmg the penod of t e con r ' . . f the . h C ncil or the hmng rom ( v) the letting out on h1Te to t e ou . t thousand rupees council of any article of the value not exceedi~g d w~ the contract or in the aggregate in any year during the perto 0 work; or ds • h the Council for any goo (vi) any agreement or contract wit 1 or services which the Council may generally suhpp ~uncil when he ( ) • ember of t e h k 3 If a person sits or votes as a m is disqualified for su~ nows that he is not qualified or that he d n which he so sits membership, he shall be liable in respect of eachb a~c~vered as an arrear or votes to a penalty of three hundred rupees to e r of tax under this Ordinance. Oath or affir· mation. Vacation of seat. Selling-up of committees. General powers of the Council. IP"kr 11- =========::;:::=======M=e=m=b=er,=s ===============-== 8 TiiE GAZETTE OF INDIA EXTKAUKUINAK Y 1 (l) Every member before taking his seat, shall make and subscnb • . ffi • d' e at a meeting of the Counetl an oath or a matton accor mg to the following form namely:- ' "I,A.B., having been nominated as a ~ember of Co~ncil do swear in the name of God/solemnly affirm that I will bear true faith and allegian . . ~~ the Constitution of India as by Jaw established, that I will faithf 11 discharge the duty upon which I am about to enter." u Y (2) If a person sits or votes as a member ?efore_ he has complied with the requirements of sub-section (1) he shall be bable m respect of each day on which be sits or votes as the case may be, to a penalty of three hundred rupee to be recovered as arrears of tax under this Ordinance. s 8. (1) If a member- (aJ becomes subject to any of the disqualifications mentioned in section 5 or sub section (2) of section 7; or (b) 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, Council may declare his seat vacant. (3) If any question arises as to whether a member has become subject to any of the disqualifications mentioned in :;ection 5 or sub-stction (2) of section 7, the question shall be referred for the decision of the Administrator and his decision shall be final. Committees of the Council 9. (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 sucn 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 opinio_n of t~e Council possess special qualifications for ;erving on such committee. (3) Each committee constituted under this section shall elect one of its members as the Cha(rperson thereof. (4) Any matter relating to a committee constituted under this section, 0?t expressly provided in this Ordinance may be provided by regulations made m this behalf. CHAPTER III FUNCTIONS OF 1llE COUNCIL IO. (l) Subject to the provisions of this Ordinance and the rules, regulations • 8nd ~ye-laws mad(? thereunder the municipal government of New Delhi shall vest m the Council. THE GAZETTE OF INDIA EXTRAORD INARY SEC· I) ~ 'd'" tth 1· Without preJU •~e o e g:nera ity of the provisions of s . 9 (2) 1 be the duty of the Council to consider all period' al uh-section (I), it sh_al and disbursements and all progress reports and ic statements of the receipts it thinks fit. pass such resolutions thereon as (J) The Council may at any time require the chairperson- ( a) to pr?duce an~ record, correspondence, plan or other docu which is in hts possession or under his control as Chai'rpe m~nt fit d • h' ffi . rson or which 1• s recorded or 1 e m 1s o ce or m the office of any . . 1 . · • I 1 . mumcipa officer or other mumcipa emp oyee subordinate to him; (b) to furnish any return, plan, estimate statem· ent . . , , account or statisti~s ~ncernmg . or c~nnected with any matter pertaining to the admimstrat1on of this Ordinance or the municipal government of New Delhi. • (c) to furnish a report by himself or to obtain from the head of an department subordinate to him and furnish with his own remar~ thereon, a ·report, unpon any subject concerning or con~med with the administration of this Ordinance 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 Council he makes a statement that such compliance would be prejudicial to public interest or to the interests of the Council. 11. Subject to the provisions of this Ordinance 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 d~ains and drainage works and of public latrines, urinals and similar convemences; (b) the construction and maintenance of works and means for provid­ ing supply of water for public and private purposes; (cJ the scavenging, removal and disposal of filth, rubbish and other obnoxious or polluted matters; • gement (d) the construction or purchase, maintenance, extension, mana for- (i) supply and distribution of electricity to the public; ( .. ) . . . 1 f ure and wholesome water; u prov1dmg a sufficient supp Y o P . (e) the reclamation of unhealthy localities, the removal of noxious vegetation and generally the abatement of all nuisances; (f) 1 f th dead and the the regulation of places for the disposa O e pro • 'd rpose· vison and maintenance of places for the sai pu ' (gJ the registration of births and deaths; (h) public vaccination and inoculation; ( ') k' the spread of dangerous d. 1 measures for preventing and chec mg lSCases· ' . (j) the establishment and maintenance of dispensaries and matermty Obligatory functions of the Council. 10 TI-IE GAZETTE OF INDIA EXTRAORDINARY and child welfare centres and the carrying out of other measures necessary for public medical relirf; . (k) the <',.,"~' n·-;tion, maintenance •and regulation of m_unicipal mar. ~~; . (j) the regulation and abatement of offensive or dangerous trade or practices; . . (m) the securing or removal of dangerou~ butldmgs and places; (n) the construction, maintenance, alteration .an? improvements of public streets, bridges, culverts, causewa~s and the !•ke; (o) the lighting, watering and cleansmg of pubbc 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 gran~ as may be determmed by the Central Government from time to time; (s) the maintenance of municipal offices; (r) the laying out or the maintenance of public parks, gardens or recreation grounds; (u) the maintenance. of monumehts and memorials vested in the any local authority or New Delhi Muncipal Committee immediately before the commencement of this Ordinance 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 Ordinance; (y) sanction or refuse erection or re•erection of buildings; and (z) the fulfilment of any other obligation imposed by or under this Ordipance or any other law for the time being in force. Discr_etionary 12. Subject to any general or special order of the Government, from time to fuhncuCooasncilof time, the Council may provide either wholly or in part for all or any of the te u • ru • I 10 owmg matters, name y:- (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, muse.urns, art galleries, botanical or zoological collections; . (c) the establishment and maintenance of, and aid to, stadia, gym· nas1a, akbaras and places for sports and games; (d) the planting and care of trees on roadsides and elsewhere; (e) the surveys of buildings and lands; (/) the registration of marriages; (g) the taking of a census of · population; (h) tf\e provision of housing accommodation for the inhabitants of any area or for any class of inhabitants; (,) the providing of music or other entertainments in public places or places of public resort and the establishment of theatres . and cinemas; v) the organisation and management of fairs and exhibitions; THE GAZETTE OF INDIA EXTRAORDINARY SEC· l] 11 -:::=:::======= (k) the acquisition of movable or immovable pro f rposes before mentioned, including payment of thperty or a?y of the ~u ns surveys or e~aminations in relation thereto for ethcost of ltlv~stiga- uo ' b 'Id' e constructio · adaptation of u1 mgs necessary for such purposes; n or (I) the construction and maintenance of­ (i) rest-houses, (ii) poor-houses, (iii) infirmaries, (iv) children's homes, (v) houses for the deaf and dump and for dis bled and handicapped children, 8 (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 dwel1ing 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 man~ement of swimming pools, public wash houses, bathing places and other i~titutions 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 ~ilk 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 garages sheds and stands for vehicles ~nd 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) civic reception to persons of distinction; (:za) any measure not hereinbefore specifically mentioned, likely to promote public safety, health, convenience or general welfare. CHAPTER IV THE OIAIRPERSON , . 13. (1) Tb 'fi f in the Official Q!I.. c Central Government shall, by nott ica ion C . 1 "'ette a • Ch • • on of the ounc1 . ' PP0int a suitable person as the l,Ur pers Appoint• ment, etc. of the Chair• person. Leave of abs­ ence of Oiairpersoll- Appointment of officiating Cliairperson in case of death, rcsig• nation or re• moval of Chairpersoo. Salary and allowances of the Chair• person and members. Service regu­ lations of Chairperson. 12 THE GAZETTE OF INDIA EXTRAORDINARY [PAII.T 11- (i) The Chairperson so appointed shall hold office for a term of five years in the first instance: . . Provided that bis appointment may be renewed from tune to time for a term exceeding one year at a time: . . Provided further that where the Chairperson bolds a lien .•n any service under the Government, the Central Government ~ay a! any time after reasonable notice to the Council replace bis services at the dasposal of that Government. (3) The Central Government- (a) shall remove the Chairperson from office if at a special meeting of the Council called for the purpose a resolution for such removal has been passed by a majority of not less than three fifths of the total number of members; (b) may remove the Chairperson from office at any time if it appears to that Government that be 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.(1) Leave may be granted to the Chairperson by the Central Government. (2) Whenever such leave is granted to the Chairperson, the Central Govern­ ment shall appoint another person to officiate as Chairperson in bis piace. IS. 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 of this Ordinance. 16. (I) The Chairperson and members shall be paid out of the New Delhi Municipal Fund such monthly salary and such monthly allowances, if any, as may from time to time be determined by rules made by the Central Government and may be given such facilities, if any, in relation to residential accommoda­ tion, conveyance and the like as may from time to time be fixed by that Government: Provided that the salary of the Chairperson and members shall not be varied to his disadvantage after his appointment. (2) The Chairperson and 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. (1) If the Chairperson or a member is an officer in the service of the Government, or the Central Government the Council shall make such contribu• tion. towards his leave allowances, pension and provident fund as may be requued 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. (2) If the Chairperson or a member is not an officer in the service of the Government, or the Central Government his leave and leave allowance, his supc:annuation or retirement his gratuity ~r pension and the proportions of his pensionary or provident fund contribution payable respectively from his salary and from the New Delhi Municipal Fund shall be govern~d by rules: Provided that- ( a) the amount of any such leave and leave allowances, gratuity or SEC, ll THE GAZETTE "OF INDIA EXTRAORDINARY 13 ~ . . pension shall m no case, without the special sanction of Government, exceed what would be admissible in th the Central servants of similar standing and status; and e case of Government (b) the conditions under which such allowance . d l . s, gratuity or pension are grante or any eave, superannuation or retirement • . not without similar sanction be more favourable tha t 18 h san~ttoned shall • d f h G O ose 1or the time being prescnbe or sue overnment servants. 18 Save as otherwise provided in this Ordinance the entire e t· • f • h • • xecu 1ve power for the purpose tho ~rrymbg _out_ t ef provtsi~ns of this Ordinance and of any other Ordinance for e time emg 10 orce which confers any power or • ' il h 11 • . ' lDlposes any duty on the Cou~c , s a vest m the ·Chairperson who shall also- ( a) exerCise all the powers and perform all the duties specifi all conferred_ or im~ose~ upon him by this Ordinance Act or by any otberc la~ for the tune being m 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 othe; employees and their pay, privileges, allowances and other conditions of service; (c) on the occurrence or threatened occurrence of any sudden accident or any foreseen 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 o( 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. (1) A person shall be disqualified for being appointed as the Chairperson who has directly or indirectly, by himself or by a partner, or ~y other person, any share or interest in any contract made with, or ~ny work bemg 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 wo~k as is referred to in sub-section (1) , be shall unless the Central Gov~mment t any particular case otherwise decides, be liable to be removed from _h~ 0s~~th! the 0rder of the authority competent to remove him under the provmon Ordinance P 'd • . d h Ch"i~rson shall be . rovi ed that before an order of removal is ma e t e ....... r- 0 sed to ren a reasonable opportunity of showing cause against the action pr po e taken in re d t h" ~O gar o 1m. . . f any power or th • Save as otherwise provided in this Ordinance tbe exerets: 0 Council by or e performance of any duty conferred or imposed upon t e b"cct to the ~nder . this Ordinance which will involve expenditure, shall be su 1 ollow1ng c d" • on 1hons, namely:- . d 10• the year in ( ) h •t • to be mcurre . a t at such expenditure, in so far as i is d ball be provided for which such power is exercised or duty pcrforme ' s under a current budget-grant; and rf mancc of such duty . (b) that if the exercise of such pow_ers or the pc orriod or at any time involves or is likely to involve expenditure for_ any :au not be incurred after the close of the said year, such expcnditure Functions of the Chair­ person Chairperson not to be in­ terested in any contract, etc. with the Council. Exercise of powers to be subject to sanction. / Meetin,s, First meeting of th• Council. Ncaice of meet• inp and busi• nes. Quo111m. Presiding Of. ficer. Method of de­ ciding questions. Memben not to vote on matter in which they are interested. Rl&ht to atteod meetinp of C-ouncil and its committees, etc., and right of memben and to ask questions in rdatioa 1o the municipal IOY'nuncat of New Dtlhi. 14 TI-IE GAZETTE OF INDIA EXTRAORDINARY without the sanction of the Council, if it is incurred in the year next following such year. CHAPTER V PROCEDURE Transaction of business by the Council . . 21. (J) The Council shall ordinarily hold at least one meeting 10 every month for the transaction of business. . . (2) The Chairperson in his absence the Vice Cb&Jrperson may, whenever he thinks fit, and shall, upon a requisition in writin~ by not _less than one-fourth of the total number of members, convene a special meetmg of the Council. (3) Any meeting may be adjourned until !he.next _or ~y subsequent date, and an adjourned meeting may be furthe~ adJoumed m like manner. . 22. The first meeting of the Council shall be held as early as possible and shall be convened by the Administrator. . 23. A list of the business to be transacted at every meeting except at an adjourned meeting shall be sent to the address. of each membe! at least seventy two hours before the time fixed for such meetmg; and no business shall except where the Chairperson otherwise directs, be brought before, o.r transacted at; in any meeting other than the business of which a notice ~as been so given: Provided that any member may send or 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 an possible despatch take steps to circulate such resolution to every member in such manner as he may think fit. 24. (I) The quorum necessary for the transaction of business at a meeting of the Council shall be one-fifth of the total number of member. (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 lfe brought before, and may be transacted at an adjourned meeting, whethet there is a quorum present or not. 25. (1) The Chairperson or in his absence, the Vice Chairperson, or in the absence of both, such other member present as is decided by the Council shall preside at every meeting of the Council. (2) The Chairperson or the person. presiding over a meetir1g shall have and exercise a second or a casting vote in all cases of equality of votes. 26. (1) Save as otherwise provided in this Ordinance 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) ~e 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. No member s~all vote at a meeting of the Council or of any Committee t~ereo~ 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 Delh_i or.of any part1c~lar ward), which affect his pecuniary interest or any property 10 respect o~ which he is directly or indirectly interested, or any p~operty of or for. which he is a manag~r or agent. . 28• (I) The Chairperson or any municipal officer authorised by him in this beha!f may attend, spe~ in, oi: otherwise take part in the proceedings of, any mee!fflg of the Council or any of its Committees but none of the persons spe~ed herein shall by virtue of this sub-section be 'entitled to vote in any such meetinc; THE GAZETTE OF INDIA EXTRAono "- INARY 15 (2) A member may. subject to the provisions of b . :iairperson questions on any matter relating to th su ~s~tion (3), ask the ~ew Delhi or the_ ~dm~nistration of this Ordinance 0 ; t:u~ictp~l government of municipal authont1es m any meeting of Council. unctions of any of the (3) The right to ask a question shall be governed by th t 11 . . . namely:- e O owmg condition~ ( a) not less than seven clear days' notice • question shall be given to the secretary; 10 writing specifying the (b) no question shall- (iJ bring in any name of statement not strictly the question intelligible. necessary to make (ii) contain argument, ironical expressions imput t" . h or defamatory statements. • • • a ionS, ep1t ets 1 (iiiJ ask for an expression of opinion or the sol 1• f h h t• l · · u 10n o a ypot e 1ca propos1t1on, ~i~) ask as t~ the cha.racter or conduct of any person except in his off1c1al or pubhc capacity, (v) .relate to a matter which is not primarily the concern of the Council or of any of the municipal authorities, (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 l:lnder adjudica- tion by a court of law. . (4) The Chairperson shall not be bound to answer a question if it asks for mformation which has been communicatd to him in. confidence or' if in the ?Pinion of the Chairperson it can not 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 COnSlitution of the Cou'ncil under section 3 shall be determined by the Administrator. 29• Minutes, in which shall be recorded the names of the members presen~ at, and t~e proceedings of each meeting of the Council, and every 0ther committ~e constituted· under sub-section (1) of section 9 shall be drawn up a~d recorded_ m a book to be kept for that purpose and shall be laid before the next .ensumg meeting of the Council or of such c~mmittee, as the case may be, and signed at such rn • • cetmg by the presiding officer thereof• Power to make regula­ tions. Keeping of minutea and proceedinp. o,oaJatioO of JDinutel -jaspec­ tiOll of aaiJnltel and reports of proceed- ings. fc,rwardins minutel and reports of proccedinP to AdminiS­ trator. {6 nrn GAZETfE OF INDIA EXTRAORDINARY 30 . (l) Minutes of the proceedings of each meeting of the shall be circulated to all the members . and s_hall at reasonable be available at the municipal office for ms~ct1on by any other on pa)'lDent of a fee of two rupees. (2) full reports, if any, of such proe:edings shall available for inspection, by any member without charge other person on payment of a fees of two rupees. 31. (1) The SecretarY sha~ forward to the. Administrator a co the minutes of the proceedmgs of each meetmg of the Council ten days from the date on which the minutes of the proceedings 'of meeting were signed under section 29. (2) The Administrator may also in any case ask for a copy , of paper or all the papers which were laid before the Council or committee thereof and the Secretary shall forward to the Adm' trator a copy of such paper or papers. (3) The Secretary shall also forward to the Administrator as as may be after the date referred to in sub-section (1) a full report the proceedings of each meeting of the Council, if any such report prepared. Validation Validation 32. (1) No act done or proceedings taken under this Ordinance sh of proceed· be questioned on the ground merely of­ ings, etc. Appoint­ ment of certain officen. (a) the seat of any member remaining unfilled ' whatsoever; (~) t~e existence of any vacancy in, or any defect in tb const1tut1on of, the council or in any committee thereof; . (c) any member having voted or taken part in any proceedin m contravention of section .27; (d) any defect or irregularity not affecting the merits of case. . (l) Every meeti~g of the Council or of any committee thereof, mhmUutebes of the proceeding of which have been duly drawn up and sign s a deemed to h b f m d f . ave een duly convened and to be free ro e ects and irregularities. CHAPTER VI CERS AND OTIIER M UNICIPAL EMPLOYEES MUNICIPAL Om 33• (1) The Coun ·1 h ary and Chief A~- 5 all appoint suitable persons to be th ~f' er officers as the C u ~tor of the Council, and such other O •~ allowances if ounctl may deem fit on such monthly salaries an ' any' as may be fixed by the Council. THE GAZETTE OF INDIA EXTRAORDINARY ~ " n ~ t the Chief Auditor shall not be eligible for an provttt:d Council after he has ceased to hold this office. Y other office under appointment of_ the Secretary shall be made with h . (2) The f the Administrator. t e previous roval o apP (1} The Chairperson shall from time to time prepare and 1 b t 34, ·1 a Schedule of category 'A' and category 'B' posts other t:~ ;bore the counci tary and Chief Auditor specified in section 33 sett' n t \P0Sls of _sec~~ons and grades of municipal officers and other ~unicipmagl ortl the des1gna • • d tl • h emp oyees who should be ~am~ame pdermll anen y m ht' eh service of the Council indicating • the salanes, 1ees an a owances w 1c are proposed to be p 'd t h thffiere1rsn and other employees. at o sue o ice (l) The Counci~ shall appr~v~ ~nd san~tion the Schedule either without modifications or. ~1th such mo~1ficat1ons as 1t thinks fit · or may amend it either on its own motion or otherwise. (J) The ~hairperson may cr~ate any cate~ory. 'B', or category •c•, or Category 'D post and for a period not exceedmg six months any category 'A' post. Provided that no such categtory '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 sc;ale 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' or 'D' posts" means any post, other than a category 'A' or category 'B' post. 3S. No permanent officer or other employee shall be entertained in any department of the municipal administration unless he has been appointed .under sub-section (1) of section 33 or his office and emolum~nts are mcluded _m the Sch~dule for the time being in force prepared and sanctioned under section 34 or is appointed against a permanent post under section 36. 36 • (1) Subject to the provisions of section 33, the power mu· · • h ntcipal officers and other municipal employees, whet er permanent_ I of appointing temporary or ( ) • Ch • son subject to the c a to category 'A' posts, shall vest m the a1rper oncurrence of the Council· . ' • • the Chairper-(b J to category 'B' and category 'C' posts, shall vest 10 son; and (c) to category 'D' posts shall vest in the Secretary. . (2) Th • and Scheduled Tnbes shall b e cla1~s of the members of the Schedu~ed Castes. t nance of efficiency of ad ~ t.aken mto consideration, consistently with the m~•~ el officers and other mu • ".1101stration, in the making of appointments of mumcipa n1c1pal employees. Schedule of permanent P<>Sts and creation of temporary posts. Restriction on employ­ ment of per­ manent offic­ ers and other employees. Power to make ap- pointments. Officers and other em­ ployees not to undertake any extrane­ ous work. 18 THE GAZETTE OF INDIA EXTRAORDINARY 37. No m~nicipal officer or o~her municip~ empl~yee shall undertake any work unconnected with his duties under this Ordmance except with the permission of the Council. Officers and 38. (J) 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 in- being done for, the Council other than as such officer or employee. other ployccs to be terested cm­ not in any contract, etc., with the Council. Punishment for municipal officers and other em• ployees. (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 (J), be 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. (J) 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 be 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 (J) unless he has been 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; 01 (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 opportun· ity of showing cause. (3) If any question arises whether it is reasonably practicable to hold such 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_ offi~r or other employee upon whom a punishment has been infli~te~ under thlS section may appeal to such officer or authority as may be prescnbe by regulations: P~ovided that in the case of an officer or other employee appointed by the Chairperson, an appeal shall lie to the Administrator. Sf;C· THE GAZETTE OF INDIA EXTRAORDINARY 1) 19 ~ Pointment to any category A post within the me . 40, Not ai~n ( 4) of section 34 shall be made except after co anml g ?f cla~se (,) ot sub•_se~ . nsu tatton with the ())111011~100, 'ded that ~o such consultation with the Commission shall b . frodvt to the selection for appointment- e necessary 1n regar . (a) _to any actmg or temporary post for a period not exceeding one year; or (b) to ~u.ch IPini~:e~al po~ths ash mCoay fr~m. time to time be specified by the Council m co~su a 10n wit t e mm1ss1on when such posts are to be filled by promotion; or (c) to a post w_he~ at the ti?1e of such appointment the person to be appointed thereto 1s m 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 thr~e 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. (J) The Commission may make regulations for the following matters, namely:- (a) the procedure to be followed by the Commission in advertising posts, inviting applications, scrutinizing the same and selecting candidates for interview; (b) the procedure to be followed by the_ Commission !or se.lecting 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 ~d th~ Council on any matter the Council shall refer the matter to the fi e~tra Government and the d~cision of that Government thereon shall be ma · 42, The direct recruitment to category B and category . . . C posts may be made by the Council through such agencies as may be prescnbed for it. 4 'd f r any one or more of 3 • (1) The Council may make regulations to provi e 0 th e following matters, namely:- • llowances, provident funds, (a) the tenure of office, salanes and a di'ti'ons of service of P • • • b nd other con e~s1ons, gratuities, leave of a sen_ce a this Chapter; officers and other employees appointed under ( • of Secretary; b) the powers, duties and functions Consultation with the Un­ Ion Public Se~ Com­ mission. Power of Commission to make reg­ ulations and reference to the Central Government in case of difference between the Commission and the Council. Recruitment to category C and category D posts. Power of Council to make regula­ tions. 20 1111 (i,\ LI 'JTE OF I DIA l.:.XTRAORDINARY - ~ (c) the qualifications of candidates for appointment ·to posts specifi d . section 33 and to posts dealt with in the Schedule of posts referred 1 ; ~n sub-section (1) of section 34 and the manner of selection for appointm~n: t,, such posts; (d) the procedure to be foll~wed in ~mposing any penalty under sub­ section (J) of section 39, suspension pendmg departmental inquiries befo the imposition of such penalty and the authority by whom such suspensi re ff• h . h ~ may be ordered; the o 1cer or aut onty to w om an appeal shall lie und . er sub-section ( 4) of that section; (e) any other matter ~hich is incidental t~ _or necessary ~or, the purpose of regulating the appomtment and cond1t1ons of semce 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. (2) No regulation under clause (c) of sub-section (J) shall be made except after consultation with the Commission. CHAPTER VU REVENUE AND EXPENDITURE The New Delhi Municipal Fund Constitution 44. (J) Save \as otherwise provided in th'is Ordinance­ of the New Delhi Munic- 1 ipa1 fund. (a) au' funds which immediately before the establishment of the Council vested in 1the\ New Delhi Municipal Committee; (b) all moneys received by or on behalf of the Council under the provisions o'f \his Ordinance or of any other law for the tirne being in force, or un8e 1 r \any contract; I \ \\ (c) all procee<ls of the ·disposal of property by, or on behalf of, the Council; \ \ 1 (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 Ordinance; (/) all fees collected and all fines levied under this Ordinance or under any rule, regulation .or bye-law made thereunder; (g) all moneys ~eceived by or on behalf of the Council from the ~o~~mment or Centfal Government or any individual or association of md1V1duals by way of grant or gift or deposit; (h) ~II in!erests and pi;_ofits arising from any investment of, or from ~y !ransa~fJon m connection with, any money belonging to the Council, mcludmg loans advanced under this Ordinance; and (i) all moneys received by or on behalf of the Council from any 0theJ source whatsoever shall form one Fund to be entitled "the Municipal fun . of New Delhi" (hereafter in this Ordinance referred to as "the New Deihl Municipal Fund"). (2) The New Delhi Municipal Fund shall be held by the Council in tru5l for the,purposes of this Ordinance subject to the provisions herein contained and ~ • ' G~eral Account relating to all moneys received by or on behalf of the counct sha0 be maintained. I] Inc uAL.1.:.1 I l:. OF INDIA EXTRAORDINARY SfC· 21 ~ moneys payable to the credit of the New D lb' .. 4 • al Account shall be received by the Chairperson : ~ ~u~icipal Fund in the ~:;\he State Bank of India to the credit of the saidn A:/ be fo~thwith paid ,n 'tled "The General Account of the New Delhi M . _ounl t which shall be entl umc1pa Fund". 46. (J) Save as otherwise provided in this Ordinance no a de by the State Bank of India out of the New Delhi M . ~ yml eFnt shall be rna • d b b th umcipa und except on a cheque s1gne y o - (a) the Financial Adviser or an officer subordinate to h' h • • • h' b h im aut onsed by the Chairperson m t 1s e alf; and ( b) the Chairperson or the Secretary or an officer subord' t t h h • d b • • ma e o t e Chairperson aut ons~ y him m this behalf. (2) Payment of any sum due by the ~ounc~l in excess of five hundred rupees shall be made by means of a cheque signed m accordance with sub-section (J) and not in any other way. (3)' Payments not covered by sub-section (2) may be made in cash. 47. No payment of any sum ou~ 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 Ordinance: 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 Ordinance; (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 jn any of the following circumstances- (iJ 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 . d • t k' immediate action by the (v) on account of cost mcurre 10 a mg dd threat of Chairperson under clause (c) of section 18 to avert a stl rt~ danger to the property of the Council or to human I e, 1 l required by the Centra (d) temporary payments for works urgent Y Government in the public interest; ' . der any . d this Ordmance or un (e) sums payable as compensation un er . rules, regulations or bye-laws made thereunder, . on special (f) expenses incurred under section 287 by the_ Chairperson k f dangerous diseases. measures taken on the outbrea O . • 86 he shall 48 . ordance with section , • Before any person signs a cheque m ace . drawn is either- satisfy himself that the sum for which the cheque is k ecifically sanctioned by the (a) required for a purpose or wor ?budget-grant, or proper authority and covered by a curren ecified in section 47 • f erred to or sp (b) required for any payment re New Delhi 1- Municipal Fund to be kept in the State Bank of India. Operation of the Ac­ counts. Payments not to be made unless co­ vered by a budget-grant. Duty of per• sons signing cheques. 22 THE GAZETTE OF INDIA EXTRAORDINARY Procedure when money not covered by a budget• grant is ex­ pended. 49, Whenever any s~m is expended und~r clauses (c~, (e) or (f)_ of the pro . to section 47, the Chairperson shall f~rthw1th commumc~t~ the circumstances the Council which may take such action under the prov1S1ons of this Ordi'n ' 'bl d • an as shall, in the circumstances appear poss1 e an expedient for covering th amount of the additional expenditure. so. (1) The moneys from time to time credited to the New Delhi Municipal Fund shall be applie~ _in payme~t of ~II sums, charges and costs necessary for carrying out the provisions of this ~rdmance, an~ of the ~ules, regulations and bye-laws made thereunder, or of which payment 1s duly directed, sanctioned 0 Application of New Delhi Munic­ ipal Fund. required by or under any of the provisions of this Ordinance. r Temporary payments from the New Delhi Municipal Fund for works ur- gently re- quired for the public service. Investment of surplus moneys. Constitution of Finance Commission. (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. Sl. (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 ~mporarily 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 (}) the Chairperson shall forthwith forward a copy thereof to the Council together with a report of the steps taken by him in pursuance of the same. S2. (1) Surplus money standing at the credit of General Account of the New Delhi Municipal Fund which cannot Immediately be applied for the purposes specified in section SO shall be deposited In the State Bank of India or in such scheduled bank or banks as the Council may select or be invested in public securities. (2) The loss, if any, arising from such deposit or investment shall be debited to the General Account of the New Delhi Municipal Fund. SJ. (1) Arter the commencement of this Ordinance the Finance Commission referred to in sub-section (1) of section 107 A of the Delhi Municipal Corporation Act, 19S7, shall review the financial position of the Council and make recommendations to the Administrator as .Jo,- ,, (a) the principles which should govern,- (i) the distribution between the National Capital Territory of Delhi and the Council of the net proceeds of the taxes, duties, tolls and fees leviable by the National Capital Territory of Deihl which may be divided between them; (ii) the determination of the taxes, duties, tolls and fees which may be assigned to or appropriated by, the Council, (iii) the grants-in-aid to the Council from the Consolidated Fund of the National Capital Territory of Delhi; (b) the measures needed to improve the financial position of the Council, (c) any other matter referred to the Finance Commission by the Administrator In the Interest of sound finance of the Council. (2) The Administrator shall cause every recommendation made by th ' • • · - -· --~ ...... vr tNUIA EXTRAORDINARY sec-I] 23 under this section together within an expJanato IJl(SSf OD • be I 'd her ry hlemorand com • taken thereon to a1 ,ore the Legislative Asse bl . um as to the acuon ritory of Delhi. m Y of lne National Ital fer CaP Special Funds (I) The Council shall constitute such special fund r. d 54 • d h h f or ,un s as may be • 'bed by regulations an sue ot er unds necessary for th prescri ay be so prescribed. e purposes of this Ordinance as m . ) T'"'e constitution and disposal of such funds shall be effect d i h (2 J• • e n t e manner , d wn by regulations. laid o Budget estimates 55 (I) The Coun<'il shall, on or before the 31st day of March of • • h b d • . every year, d pt for the ensumg year t e u get estimate which shall be an estimat f th ~:me and expenditun of the Connell to be received and incurred on ac:o::,tt 0 ; the municipal government of New Delhi. (2) On or before the l~th da~ of Feb~u~ry of each year the Council shall determine the rates at which various munmpal taxes, rates and cesses shall be levied in the next following year and save as otherwise provided in this Ordinance the rates so fixed shall not be subsequently altered for the year for which they have been fixed. (3) Budget estimates shall be prepared in such form as may be approved by the Council and presented and adopted in such manner and shall provide for all such matters as are prescribed by regulations made in this behalf. S6. (1) On the recommendation of the Chairperson in respect of the budget estimate, the Council may from time to time, during the year, (i) increase the amount of budget grant under any head; (ii) make additional budget grant for the purpose of meeting any special or unforeseen requirement arising during the said year; (iii) transfer the amount or portion of the amount of the budget grant under any head to any other head; or (iv) reduce the amount of the budget grant under any head: Provided that due regard shall be had to all the requirements of this Ordinance and in making any increase or any additional budget-grant, and estimated cash balance at the close of the year shall not be reduced below the sum of one lakh rupees or such higher sum as the Council may determine in respect of the budget estimate. < 2 ) Every increase in a budget grant and every additional budget grant made in any Year under sub-section (1) shall be deemed to be included in the budget esr unates finally adopted for that year. ( 3 ) The Council may from time to time during the year­ (a) reduce the amount of a budget grant; or (b) sanction the transfer of any amount within a budget grant: (4) Th c • . • th year sanction the 1 e hairperson may from time to tame durmg e h d if ran s rer of any amount not exceeding ten thousand rupees within 8 minor ea such transfer does not involve a recurring liability: Provtd d th sand rupees shall be re e that every such transfer if it exceeds ten ou . hall ii~•:~d !orthwlth by the Chairperson to the Council and :~~.c~:i:ir:~:e:elo, ect to any order that may be passed by the Counc Constitution of special funds . Adoption of budget es­ timates. Power of Council to alter budget estimates. Power of Goundl 10 re-adjust in­ oome and ei­ ponditure during the year. 24 lliE GAZETTE OF INDIA EXTRAORDINARY 51, (1) If at any time during the year It appears to the councU notwithstanding any reduction or budget grant that has been made under 5 56 the Income or the New Delhi Municipal Fund during the same year wm suffice to meet the expenditure sanctioned In the budget estimates or that and to leave at the close or the year the cash balance sped.fled In or dete under the proviso to sub-section (1) of section 56, then, it shall be lncumben the Council to sanction forthwith any measures which It may consider neces for adjusting the year's Income to the expenditure. (2) For the purposes of sub-section (1), the Council may either diminish sanctioned expenditure of the year so far as It may be possible so to do regard to all the requirements or this Ordinance, or have recourse to supple tary taxation under section 97 or to an Increase of the rates or cesses, fees, f: and other charges levlable under this Ordinance, or to adopt all or any or methods. (3) IC the whole or any part or any budget-grant Included In the bu estimates for a year remains U!_lexpended at the close of that year, and amount thereof has not been taken into account in the opening balance ente the budget estimates of any or the next two following years, the Chairperson sanction the expenditure of such budget-grant or the unexpended portion th during the next two following years for the completion or the purpose or ob for which the budget-grant was originally made and not for any other purpo object. Accounts 10 58. These shall be kept lo. such manner and in such form as may t,e presc be kept. by regulations the General Account or all receipts and expenditures of Council. ACCOUNTS AND AUDIT Scrutiny and audit of accounts Audit. 59. (1) The Chief Auditor shall conduct a monthly examination and au the accounts of the Council and shall report thereon to the Council, who publish monthly an abstract of the receipts and expenditure of the mont proceeding signed by not less than two members of the Council and by the Auditor. (2) The Chairperson may also, from time to time and for such period, may th.ink fit, conduct independently any examination and audit of the a of the Council. (3) For the purpose of examination and audit of the accounts of the Co the Chief Auditor shall have access to all the accounts of the Council and t records and correspondence relating there to. s,c. I) THE GAZETTE OF JNDJA EXTR AORDINARY 25 4) The Chief Auditor shall audit the account f ( tance of the officers and other employees su: od' the Council with the ass1s . . . or mate to him. (5) In the ·discharge of his functions under this seer h . ion t e Chief Audito (a) audit the accounts of expenditure from th r shall, expenditure on account of loan works and ex ::~~enue. of the Council, special funds and shall ascertain whether mont h ure incurred out of been disbursed were legally available for and a ys/ ~wn therein as have purpose to which they have been appl{ed or ~~~~~le to, the service or expenditure conforms to the authority which g g '. and whether the overns it; (b) audit th~ accounts of debts, deposits, sinkin suspense and remittance transactions of the Council a dg funds1 advances, • d th I n report upon those accounts an upon e resu ts of verification of th b 1 . e a ance relatmg thereto. (6) The Chief Auditor shall examine and audit the statem t f • 1 • en o accounts relating to the commercia services conducted in any department f th C . • d' • . 0 e ounc1l includmg the tra mg, manufactunng and profit and loss accounts, and the balance sheets where ~uch accounts are maintained under the orders of the Council and shall certify and report upon these accounts. . (7) The .Chief. Auditor shaU in c?nsultati~n with the chairperson and subject to any directions given by the Council determme the form and manner in which his reports on the accounts of the Council shall be prepared and shall have authority to call upon any officer bf the Council to provide any information necessary for the preparation of these reports. (BJ The Chief Auditor may make such querries and observations in relation to any of the accounts of the Council which he is required to audit and call for such vouchers, statements, returns and explanation in relation to such accounts as he may think fit. (9) Every such querry or observation as aforesaid shall be promptly taken into consideration by the officer or authority to whom it may be addressed and returned without delay with the necessary vouchers, documents or explanations to the Chief Auditor. • (JO) The power of the Chief Auditor with regard to the disapproval of, and the procedure with regard to the settlement of objections to expenditure fro~ the revenues of the Council shallf be such as may be prescribed by the Council. (11) If the Chief Auditor considers it desirable that the whole or any part 6f the audit applied to any accounts which he is required to audit s~all be conducted in the offices in which those accounts originate he may require that th0se accounts together with all books and documents having relatio? there. to, shall at all con~enient times be made available in the said offices for mspecuon. (l2J The Chief Auditor shall have the P?wer l? require \~asth:l?b:~~!: f~~ ?ther documents relating to the accounts he 1s required to aud inspection by him P • • . . hall be responsible for rovided that if the documents are conf1dent1al, he s prev • • entmg disclosure of their contents. d t (13) . f e standing orders an o . . The Chief Auditor shall have authonty to ram. 1 ly in respect of the give dire t' . d't and part1cu ar , . h c ions on all matters relating to au 1 , . • g and pursuing t e llle_thod and the extent of audit to be applied and the raisin 0bJections (14 • . ditor shall be audited by an ) Expenditure sanctioned by the Chief Au officer t b ·1 0 c nominated by the Counc1 • Taxes to be imposed by the Council under this Ordinance 26 THE GAZETTE OF INDIA EXTRAORDINARY (15) The Chief Auditor shall report to the Chairperson any mate impropriety or irregularity which be may at any time observe in the expendi or in the recovery of moneys due to the Counci) or in the accounts of Council. (16) The Chairperson shall cause to be laid before the Council every re made by the Chief Auditor to the Chairperson and every statement of the du of the Chief Auditor on any matter affecting the exercise and performance the powers and duties assigned to him under this Ordinance. (17) As soon as may be after the commencement of each year, the Chi Auditor shall deliver to the Council a report of the entire accounts of t Council for the previous year. (18) The Chairperson shall cause the said report to be printed and sh forward as soon as may be printed copy thereof to each member of the Counc (19) The Chairperson shall also forward without delay to the Administrator many copies of the said report, as may be required by the Administrator with brief statement of the action taken or proposed to be taken if any: Provided that the Administrator may at any time appoint auditor for th purpose of making a special audit of the General Account of the New Del Municipal Fund and reporting thereon to the Administrator and the costs o such audit, as determined by the Administrator, shall be chargeable to the Ne Delhi Municipal Fund. The auditor so appointed may exercise any power whic the Chief Auditor may exercise. CHAPTER VIII TAXATION Levy of Taxes 60. (1) The Council shall for the purposes of this Ordinance, levy the following taxes, namely:- • (a) property taxes; (b) a tax on vehicles and animais; ( c) a theatre-tax; (d) a tax on advertisements other than advertisements published in the newspapers; (e) a duty on the transfer of property-; and (fl a tax on buildings payable along with the application for sanction ,.of the building plan. (2) In addition to the taxes specified in sub-section (1) the Council may, for the purposes of this Ordinance, levy any of the following taxes, namely:- ( a) an education cess; (b) a tax on professions, trades, callings and employments; (c) a tax on the consumption, sale or supply of electricity; ( d) a betterment tax on the increase in urban land values caused by , the execution of any development or improvement work; ( e) tolls. (3) The taxes specified in sub-section (I) and sub-section (2) shall be levied, assessed and collected in accordance with the provisions of this Ordinance ao d the bye-laws made thereunder. THE GAZETTE OF INDIA . StC·;l]~=========~~~=;;;E;X~T~R~A~O:R~D:IN:A~R=Y~====:_ ~ Property tax 27 (l) save as otherwise provided in this Ord· 61d on )ands and buildings in New Delhi and ~~:~~e, the property tax shall b Jevie t more than thirty percent of the rateabl lconsist of not less th e and no e va ue of land an ten s and buildings: vided that the Council may, when fixing th p(io be levied during any year' determine thate t~ate at whi~h the property tax shad and buildings or portions of lands and bu'ld~ rat~ lev1able in respect of Jan s of trade or business is carried on shall be h~ hmgs m which any particular c1ass . . tg er than the in respect of other lands a~d bu1ldmgs or portions of rate determined b an amount not exceeding one-half of the t ot~er lands and buildings Y ra e so ftxed: provided further that the tax may be levied on graduated . de termines. scale, tf the Council w • Explanation.- Where any portion of a land or build' • • rate of the tax such portion shall be deemed to be mg ts hable to a higher purpose of municipal taxation. a separate property for the (2) The Council may exempt from the tax lands "nd b 'ld' • d « U1 mgs of which the rateable value oes not exceed one thousand rupees. 62.(1) Save as otherwise provided in this Ordinance, the propert t h 11 b levied in respect of all lands and buildings in New Delhi exce;~x s a e (~) lands and buildings o_r portio~s of lands and buildings exclusively occupied and used for public worship or by a society or body for a charitable purpose: Provided that such society or body is supported wholly or in part by voluntary contributions, applies its profits, if any, or other income in promoting its objects and does not pay any dividend or bonus to its members. Explanation.- "Charitable purpose" includes relief of the poor, educa­ tion and medical relief but does not include a purpose which relates exclusively to religious teaching. Components and rates of property taxes. Premises in respect of which prop• er_ty tax is to be levied (b) lands and buildings vested in the Council, in respect of whic~ the said tax, if levied, would under the provisions of this Ordinance be leviable ~ primarily on the Council; (c) agricultural lands and buildings (other than dwelling houses). (2) Lands and buildings or portions thereof shall not be ~eemed to be exclusively occupied and used for public worship. or for a chantable ~urpos_e_ within the meaning of clause (a) of sub-section (1) if any t_ra_de or bu::t:~~ carried on in such lands and buildings or portions the_reof 0.r if 10 respec laads and buildings or portions thereof, any rent 15 denved. ( 3) . . . empt from the property tax Where any portion of any land or ~utldmg ts e; f blic worship or for a by ~ason of its being exclusively occupied and use O :: ~~eparate property for chantable purpose such portion shall be deemed t lbc purpose of municipal taxation. - 28 11-fE GAZETTE OF INDIA EXTRAORDINARY Dctermina· lion o( 111te• able value of lands and buildings as­ sessable to property IP~~n..... 63. (1) The rateable value or any lands or building assessabl~ taxes shall be the annual rent at which such land or building might re:/topttt, expected to let rrom year to year less- nabfy ht wes. 38 of 1952. (a) 1 sum equal to 10% of the said annual rent which shall be In . all allowances for cost or repairs and insurance, and other expe Ueu or necessary to maintain the land or building in a state to comman~57h' It •n1, d at rent an ' (b} the water tax or the scavanging tax or both, ff the rent • 1 of either or both of the said taxes: 15 nclusfve Provided that if :he rent is inclusive of charges for water sup I' d measurement, then, for the purpose of this section the_ rent shall be tr~~;ed ~~ inclusive of waler tax on rateable value and the deduction of water tax shaU be made, as provided therein: Provided further that in respect of any land or building the standard rent f which bas been fixed under the Deihl & Ajmer Rent Control Act, 19521 ,:, rateable value thereof shall not exceed the annual amount of the standard rent so fixed. Explanation.- The expressions "water tax" and "scavanging tax" shall mean such taxes of that nature as may be levied by an app~opri~te authority. (2) The rateable value of any land which is not built upon but is capable of being built upon and of any land on which a building is in process of erection shall be fixed at five percent of estimated capital value of such land. (3) All plant and machinery contained or situate in or upon any land or building and belonging to any of the classes specified from time to time by public notice by the Chairperson with the approval of the Council, shall be deemed lo form part of such land or building for the purpose of determining the rateable value thereof under sub-section (1) but save as aforesaid no account shall be taken of the value of any plant or machinery contained or situated in or upon any such land or building. Charge supply water for 64. (1) Charge shall be levied for the water supplied to any land or building of by measurement at such rate as shall from time to time be prescribed by the Council in this behalf. Taxation of Union prop- erties. (2) The Council may prescribe such conditions as it may think fit regarding the_ use of the water and regarding the charges to be paid for water consumed whilst a meter is out of order or under repair: . . Provided that no condition prescribed under this sub-section shall be inconsis· tent with this Ordinance or with any bye-law made thereunder. (J) Any sum payable by a person who is charged for water supplied, 3nd nh~t ·d h • ' der ' is pat w en it becomes due shall be recoverable as an arrear of tax un Ordinance. (4) In prescribing charges for water supplied by· measurement under su~ section (I), it shall be lawful for the Council to prescribe different rates respect of different classes of lands and buildings. his 65 (1) N • • . • • ons of 1 • otw1thstand10g anything contained in the foregoing prov•s• t frorn Chapter, lands and buildings being properties of the Union shall be excrnP the property tax spcified in section 61. Provided that nothing in this sub-section shall prevent the Council from THE GAZETTE OF INDIA EXTRAORDINARY 29 SfC· I) f the said taxes on such lands and buildings to h. h . Y o 50 h • w ic immed. I \l}'ing an 6 h January, 19 , t ey were hable or treated as r bl 1ate y Je fore the 2 ! ues to be levied by the Council on other land1sa ed, so ~ong as be conttn an bulldin tf11!1 taX the possession of any land or building, being gs. (2) Where n delivered in pursuance of section 20 of the 0 Pro1perty of the has bee b·1· • ) A 195 isp aced Persons ,:oiofl, . 0 and Reha 1 1tat1on ct, 4 to a displaced p v nsatJ0 h h . erson, or an (c0mpe f displaced persons, w et er mcorporated or not O t Y · (on o . b • , r o any other 8¢C1a I after in this su -section and the proviso to sub s t' [here • ec 100 (1) of Person 66 eferred to as the transferee], the property tax speci·fied • . · n r b d m section sectio b leviable and shall e eemed to have been leviablc in 61 shall.d eor building with effect from the 7th day of April 1958 oretshpecdt of • Jan . , . r e ate sue . h possession thereof has been dehvered to the transferee wh' h . ..,hie h 11 . . , 1c ever 1s 011 d such property tax s a , notw1thstandmg anything contained • I ter an .,_. d' b . m any ah; provision of tuts Or mance, e recoverable with effect from that day or 01 as the case may be. date, h 11 be • ·1 • 6 (1) The property tax s a pnman y lev1able as follows:- 6 • (a) if the land or building is let, upon the lessor; (b) if the land or building is sub-let, upon the superior lessor; (c) if the land or building is unlet, upon the person in whom the right to Jet the same vests: Provided that the property tax in respect of land and building, being property of the Unio_n, possession of which has b~en delivered in_ pursuance of section 20 of the Displaced Persons ( Compensation and Rehabilitation) Act, 1954 shall be primarily leviable upon the transferee. (2) If any land has been let for a term exceeding one year to a tenant and such tenant has built upon the land, the property tax assessed in respect of that land and the building erected thereon shall be primarily leviable upon the said tenant, whether the land and building are in the occupation of such tenant or a sub-tenant of such tenant. Exp/ana~ion.-The term "tenant" includes any person deriving title to the land or the building erected upon such land from . the tenant whether by operation of law or by transfer inter vivos. (3) The liability of the several owners of any buildings which is, or purports to be, severally owned in parts or flats or rooms, for payment of property tax ?r. any instalment thereof p'ayable during the period of such ownership shall be Joint and several 61• (]) If any land or building assessed to property tax is let, and its rateable :al~e exceeds the amount of rent payable in respect. thereo! to t_he person p n whom under the provison of section 66 the said tax ts leviable, that person shall be entitled to receive from his tenant the difference between the ~m?unt of the property tax levied upon him and the amount which would be t evia~te upon him if the said tax was calculated on the amount of rent payable o him. am(2) If the land or building is sub-let and its rateable value exceeds the ount of b h·s sub-tenant, or the rent payable in respect thereof to the tenant Y i amou t f b t by the person hold' n ° rent payable in respect thereof to a su -tenan . f h.IS ing und . h . • I d to receive rom sub I Cl t e sub-tenant the tenant shall be entit e n • enant • • f om the perso hoJct· 1 or the sub-tenant shall be entitled to receive r sum ng unct h' d·ff e between any recovered er ,~, as the case may be, the I ere~c d the amount of Propert taunder_ this section from such tenant or sub-t~nant ;nor building if the rateabJJ : Which would be liable in respect of the said tan h amount of rent Which suv~ ue thereof were equal to the difference between t ~ rent which he Pays, c tenant or sub-tenant receives and the amount 0 44 of 1954 Incidence of property tax. 44 of 1954. Apportion• ment of lia• bility for property tax when the premises are Jet or sublet. r Recovery of property tax from oc­ cupiers. Property tax a first charge on premises on which it is assessed. • Assc11ment list. 30 THE GAZETTE OF INDIA EXTRAORl:)JNARY (3) Any persdn entitled to receive any sum under this section shall ha the recovery thereof, the same rights and remedies as if such sum w payable to him by the person from whom he is entitled to receive th 68. (1) On the failure to recover any sum due on account of property respect of any land or building from the person primarily liable therefor section 66, the Chairperson shall recover from every occupier of such I building by- attachme~t, in accordance with secti~n 108 of the rent paya such occupier, a portion of the total sum due which bears, as nearly as ma the same proportion to that sum as the rent annually _payable by such 0 bears to the total amount of rent annually payable in respect of the whole 0 land or building. (2) An occupier from whom any som is recovered under sub-section (1) be entitled to be reimbursed by the person primarily liable for the payment may in addition to having recourse to other remedies that may be open to• deduct the amount so recovered from the amount of any rent from time to becoming due from him to such person. 69. Property tax due under this Ordinance in respect of any land or buil shall, subject to the prior payment of the land revenue, if any, due to Council or Government or Central -Government thereon, be a first char (a) in the case of any land or building held immediately from Council or Government or Central Government, upon the interest "in s land or building of the person liable for such tax and upon the goods other movable properties, if any, found within or upon such land building and belonging to such person; and (b) in the case of any other land or building, upon such land building and upon the goods and other movable properties , if any, fo within or upon such land or building and belonging to the person liable such tax. Explanation-The term "property tax" in this section shall be deemed include the costs on recovery of property tax and the penalty, if any, payable specified in the bye-laws. 70. (1) Save as otherwise provided in this Orinance, the Council sha11 cause assessment list of all lands and buildiQgs in New Delhi to be prepared in s form and manner and containing such particulars with respect to each land building as may -be prescribed by bye-laws. (2) When the assessment list has been prepared the Chairperson shall public notice thereof and of the place where the list or a copy thereof maY. inspected, and every person claiming to be the o~ner, lessee or ·occupier of land or building included in the list and any authorised agent of such pc shall be at liberty to inspect the list and to take extracts therefrom fr charge. (3) The Chairperson shall, at the same time, give public noti(e of a date, less than one month thereafter, when he will proceed to consider the rate values of lands and buildings entered in the assessment list; and in all c which any land or building is for the first time assessed, or the rateable valu any land or building is increased, he shall also give written notice thereof to owner or to any lessee or occupier of the land or building. (4) Any objection to a rateable value or any other matter as entered in :'5SCssmen! list shall be made in writing to the Chairperson before the date 1 ~n t~e notice and shall state in what respect the rateable value, or other rn IS disputed, and all objections so made shall be recorded in a register to be for the purpose. 31 S£C· I) ~::::::========================:::::::=:::::::=:::::::~ ~ . . -•t=·o~•ns shall be inquired into and investigated and th THE GAZETTE OF INDIA EXTRAORDI NARY obJec 1 d • f be' • e persons (5) 'fbe Ill shall be allowe an o~portumty o mg heard either in person or a)(iog th~ d agent, by the Chairperson or by any officer of the Cou .1 111 311thort5~ h's behalf by the Chairperson. nci b~thorised in t i . h b d' d a en all objections ave een 1Spose o~, and the revision of the (6) Wb has been completed, the assessment hst shall be authenticated b ble value · th b y ratea of the Chairperson or, ~ c case may . e, the officer authorised by • sira!ur:his behalf, who shall certify that ~xcept m. the ~ases, if any in which btl11 in t have been made as shown thenn, no va1ld obJection has been made a111eodrnen s ble value or any other matter entered in said list. the ratea to h ssessment list so authenticated shall be deposited in the office of the (7) Ji :;d _shall be open, free of ~h~rge durin~ office hours to all owners, coun d occupiers of lands and bu1ldmgs comprised therein or the authorised lessees an d bl' • h • • f such persons, an a pu 1c notice t at 1t ts so open shall forthwith be agents o published. ,1. Subject to such alterations as may thereafter be made in the assessment . der section 72 and to the result of any appeal made under the provisions Jtst un • • h 1 · h . of this Ordinance, t~e '!ntnes m t e assessment 1st aut en~1cated_ and deposited rovided in section 70 shall be accepted as conclusive evidence for the as ~se of assessing any tax levied under this Ordinance , of the rateable value ~tan lands and buildings to which such entries respectively relate. 12. (I) The Chairperson may, at any time, amend the assessment list- (a) by inserting therein the name of any person whose name ought to be inserted; or (b) by inserting therein any land or building previously omitted; or (c) by striking out the name of any person not liable fqr the payment of property tax; or (d) by increasing or reducing for adequate reasons the amount of any rateable value and of the assessment thereupon; or (e) by making or cancelling any entry exempting any land or building from liability to property tax; or (f) by altering the assessment on the land or building which has been erroneously valued or assessed through fraud, 1!1istake or accident; or (g) by inserting or altering an entry in respect of any building erect~d, re-erected, altered or added to, after the preparation of the assessment list. (2) Before making any amendment under sub-section (I) the Chairperson shall • give to any person affected by the amendment notice of not less than one month h ' b' • . t at he proposes to make the amendment and consider any o 1ect1on which ma b Y e made by such person. 73 • It shall be in the discretion of the Chairperson to prepare for the whole or anf part of New Delhi, a new assessment list every year or to adopt the rateab~e ;au~ contained in the list for any year with· such alterations as may m foalrlttc~lar cases be deemed necessary a; the rateable value for the year owing • • • • t ersons arr • giving the same public notice as well as individual notices, 0 P be:cted by such alterations, of the rateable value as if a new assessment liSt had n Prepared. Evidential value of as­ sessment list. Amendment of assessment list. Preparation of new as­ sessment list. ,.1 Notice transfers. 16 of 1908 Notice of erection of building, etc. Notice of de­ molition or removal of buildings. 32 THE GAZETTE OF INDIA EXTRAORDlNARY of 74. (1) Whenever the title of any person primarily liable for the p proplrty tax on any land or building is transferred, the person wboaym . h h . se ti transferred and the person to w om t e same 1s transferred shall with' months after the execution of the instrument of transfer or after regist 10 . • • • ed f h f • ff d 'f • rati 1t is register , or a ter t e trans er is e ecte , 1 no instrument is execut d notice of such transfer in writing to the Chairperson. e • (2) In the event of the death of any person primarily liable as afores . d person on whom the title of the deceased devolves, shall give notice atf devolution to the Chairperson within six months from the date of the d~a the deceased. (3) The notice to be given under this _sectio~ shall_ be in such form as m determined by bye-laws mad~ under thlS Ordinance, and the transferee 0 other person on whom the title devolves shall, if so required, be boun produce before the Chairperson any document evidencing the transfe devolution. (4) Every person who makes a transfer as aforesaid without giving such 0 to the Chairperson shall, in addition to any penalty to which he ma subjected under the provisions of this Ordinance, continue to be liable for payment of property tax from time to time payable in respect of the Ian building transferred until he gives such notice or until the transfer has r~corded in the Chairperson's book, but nothing in this section shall be hel affect the liability of the transferee for the payment of the said tax. (5) The Chairperson shall record every transfer or devolution of title noti to him under this section in his books and in the assessment list. (6) On a written request by the Chairperson, the registrar or sub-registr New Delhi appointed under the Registration Act, 1908, shall furn ish particulars rega(ding the registration of instruments of transfer of immov prdperties in New Delhi, as the Chairperson may from time to time req (7) Such information shall be furnished as soon as may be after registration of an instrument of transfer is effected or, if the Chairperso requests, by periodical returns at such intervals as the Chairperson may 75. When any new building is erected or when any building is rebuil enlarged or when any building which has been vacant is reoccupied, the pe primarily liable for the property tax assessed on the ouilding shall give n thereof in writing to the Chairperson within fifteen days from the date o completion or occupation whichever first occurs, or as the case may be, from date of its enlargement or re-occupation; and property tax shall be assessabl the building from the said date. 16. (1) When any building or any portion of a building,-which is liable to payment of property tax is demolished or removed, otherwise than by 0rd the Chairperson, the person primarily liable for the payment of the said tax give notice thereof in writing to the Chairperson. (2) Until such notice is gi~en, the person aforesaid shall continue to be li to the payment of such property tax as he would have been liable 10 pay respect of such building if the same or any portion thereof had not demolished or removed. THE GAZETTE OF INDIA EXTRAORDINARY 33 ~ . p- nable him to determme the rateable value of 71. (1} To ~he oerson primarily liable for the payment of any land or ·1ding and pcct thereof, the Chairperson may requ'1re thproperty tax bill ·n res . d' e owner \e~ab~e l of such land or bull mg_, or . of any portion thereof to furni;r ,.,.r,llp1er . such reasonable penod as the Chairperson fiixes . h~ UV- •"ithlO • ' th • in t IS bil11 " 'th •nformat1on or w1 a written return signed by h half, w1 1 sue owner bC occupier- or (a) as to the name and place of residence of the owner occupier, or of both the owner and occupier of such land or buil~~ ings; (b) as to the me~rements or dimensions of such land or ildiog or of any portion thereof and the rent, if any obtam· ed bu b 'Id' • , for such land or m mg or any portion thereof; and (c) as. to t~e . actual cost or other spocified details connected with the detemunatioo of the value of such land or building. (l) Every owner or occupi~r Qn whom any such. requisition is made shall be bound to co~piy with the sam~ and to give true information or 10 make a true return to the best of his knowledge or belief. (3) Whoever omits to comply with any such requisition or fails to pve true inform~tion or t? mak_e, a true return to the best of his knowledge or belief, shall, m addition to any penalty to which he may be liable, be precluded from objecting to any assessment made by the Chairperson in respect of such land or building of which he is the owner or occupier. 78. Notwithstanding that any land or building is owned by, or let to, two or more persons in severalty, the Chairperson shall for the purpose . ot assessing such land or building to property tax treat the whole of it as one property: ~rovided that the Chairperson may, in respect of any land or building :hicb was originally treated as one property but which subsequently pas- s on by transfer, succession or in any other manner to two or more persons wh d' ·d h • c 1 ° 1v1 e the same into several parts and occupy t em m sev- c:,ty, treat, subject to any bye-law made in this behalf, each such sev­ Pro;art, or two or more of such several parts together, as a separate ny and assess such part or parts to property tax accordingly· 79 • If any 1 d • • I mbers or pon· an or building bearing two or more mumc1pa nu , ions th , • the Chai ereof, be amalgamated into one or more new premises, hutnbcr f})crson shall on such amalgamation assign to them one or more and assc h ss t cm to property tax accordingly: It ProYidcd that be r than th thc total assessment on amalgamation shall not grea- txCtpt wh c sum of the previous assessments of the several premises en there • 'd • es lS any re-valuation of any of the sa1 prem15 • Power of Chairpenoo to caU for information and returns and to en­ ter and in­ spect pre­ mises. Premises owned by, or let to two or more per• sons in sev• eralty to be ordinarily assessed as one prop­ erty. Assessment in case of amalgama­ tion of pre• mises. ,. "°"' ol CultpfflOI IO .... _,,.,.,e1y O.t~ - ponloM "' bu.lldlop. Power of Qairpel"IOD '° employ valuers. Tu OD cer• tai11 vchidcs and animals and rates thereof. The tu OD wbom levi- 1blc. 1ltE OAZETT'E OF INDIA EXTRAORDINARY IO. The Chairperson may in bis clilc:retion assess any outhoUSe tenant to a building. or any portion of a land or building sep app from such buildin& or u the cue may be, from the rest of suc~te or buildina. 11. (1) The Qairpe~n may., if he t~nb fit~ employ one or mo otmpetent persons to give adVJCC or ass&Stancc m connection With h valuation of any land or buildin&. and any person so employed ~ have power. at all reasonable times and after giving due notice s on production, if so required, of authorisation in writing in that t>e:-1 from the Chairperson, to enter on, survey and value any land a building which the Chairperson may direct him to survey and value. (2) No person shall wilfully delay . or obstruct any exarcisc of any of his powers under this section. Tax on vthiclts and animals 82. Save as otherwise provided in this Ordinance, a tax at the rat not exceeding those specified in the Second Schedule shall be levied 0 vehicles and animals of the descriptions specified in that Schedule which arc kept within New Delhi. 83. The tax on vehicles or animals shall be leviable upon the owner of, or the person having possession or control of, such vehicles or ani­ mals in respect of which the tax is • leviable: ✓ Provided that in the case of an animal generally used or employed in drawing any vehicle, the tax in respect of such anima1 shall be lev. iable upon the owner of, or the person -having possession or control of, such vehicle, whether or not such ,enimal is owned by such owner or person: Provided further -that the tax under this section shall not be in respect of- ( a) vehicles and animals belonging to the Central Government or to the Government or to the Council used or intended to be used solely for public purposes; (b) vehicles intended exclusively for the conveyance free o charge, of the injured, the sick or the dead; (c) children's perambulators or tricycles; ( d) a cow or a she-buffalo kept for milking for domestic uso if the cow or the she-buffalo is the only cow or she-buffalo kept by the owner or the person having possession· or control there~ for such mitking and is registered in accordance with bye-laws made in this behalf, so. however. that- {i) where more cows or, as the case may be, more she• buffaloes than one are kept by several such ow~ers or pc:; sons constituting a family• the tax under this section shall . levied in respect of all such cows or all such she-buffaloes; (ii) where a cow and also a she-buffalo arc kept b' ~!~ owner or the person having the possession or c.ontrol tf er·ly · fga anu, or by several such owners or persons consutu 10 f the the tax under this section shall be levied in respect 0 cow and the she-buffalo. 5£C· Jj ~ h·t ·1s THE GAZETTE OF INDIA EXTRAORDINA~Y 35 fhe tax on vc 1c cs . or amma shall be payable in adv . 84, of instalments and m such manner as may be deter . dance 1n such nuntbe~ t}lis behalf. mmc by bye-laws Jllade in • h The Chairperson may wit the approval of the Council 85• riod not exceeding one year at a time, with any live 't'htpouod for anY pe erson keeping vehicles for hire or animals for sale r; :.a cf keeper or other p be paid in respect·of the vehicles or animals so kept .r li1re, for a lump surn to • s2· h' h h • 1D eu o the taxes • ble "nder section w 1c sue livery stable keeper or th 1ev1a . • be liable to pay o er person uld otherwise • - ' Theatre-tax 86 Save as otherwise provided in this Ordinance there shall be 1 . d • · o d • ' ev1e a tax (referred to in th~ l r mdanceth as ltheatrfe-tax) in respect of every cinema, theatre, circus,. carmva an o er p ace o entertainment to which persons are ordinarUy admitted on payment f~r perfonnances or shows held or c.ondbcted there ~t, at such rates n?t exceeding those specified in •the Third Schedule as the Council may detennme: • Provided that the theatre-tax shall not be levied in respect of any perform­ ance or show if the Chairperson is satisfied- ( a) that the entire receipts from such performance or show will be devoted to philanthropic, religious or charitable purposes; or (b) that the performance or show is of a wholly educational character-, or (c) that the performance or show is provided for partly educational or partly scientific purposes by a society not conducted or established for profit. 87. Every proprietor, manager, or person-in-charge of a theatre, cinema, cirtus, carnival or other place of entertainment shall QC liable to pay the theatre tax and shalJ pay the same in advance before the commencement of the performances or shows: Provided that the Chairperson may, with the approval of the Council, compound for any series of performances or show~ or for any period not exceeding one month, with such proprietor, manager or person for a lump sum to be paid for such1 series of performances or shows or for the performances or shows held or conducted during such period. T.ax on advertisements other than advertisements published in the newspapers 88. (I) Every person, who ·erects, exhibits, fixes or retains upon or over any land, building, wall, hoarding, frame, post or structure or upon or in any vehicle any advertisemenJ or, who displays any advertisemen~ to publi~ view. in any manner whatsoever, visible from a public street or pubhc place (mclu~mg any a~vertisement exhibited by means of cinematographs),. shall pay f~r every aclvert1Sement which is so erected exhibited fixed or retained or so displayed to public view, a tax calculated at such rat;s not exceeding those specified in the Fourth Schedule as the Council may determine: Provided that no tax shall be levied under this section on any advertisement Which- • (a) relates to a public meeting, or to an election to Parliam~nt or t~e Legislative Assembly of Delhi or to the Council or to cand1dature m respect of such election· or (b) is exhibited withi~ the window of any building if the adbve~ld~ement relat . • • d on in that u1 mg; or es to the trade profession or busmess came ( ) ' . • rried on within the 1 c relat~s to the trade, profession or busin~ss ca . b'b'ted or to and or building upon or over which such advertJSement JS ex 1 1 . t . _any sale or letting of such land or building or any effects lberem or 0 Tu when payable. Power of Chairman to compound with livery stable keeper etc., for tu. Theatre-tu. liability • to pay theatrc­ tu. rax OD ad­ vertisements. Prohibition of advertisc­ menlS with- , out written permission of the Chair­ person. Permission of the Chair­ person to be­ come void in certain cases. 1 ne, VI'\£,& I I W vi- .. ,..,,n &;.J'\, I ftl'\Vl'\Ul~I\K I any sale, entertainment or meeting to be held on or upon or in the or (d) relates to the name of the land or building upon or over wh" h advertisement is exhibited, or to the name of the owner or occup'~ d b '!din 1er such lan or u1 g; or (t) relates to the business of a railway administration and is exb'b' within any railw~y station or upon any wall or other property of a r~I 1 administration; or (/) r~lates to any activity of the Central Government or the Gove ment or the Council. (2) The tax on any advertiseme_nt levia~le under. this section shall be payab in advan~ in such number ~f ms_talments and m such manner as may determined by bye-law made m thlS behalf. Explanation J.-The word "structure" in this section includes any movab board on wheels used as an advertisement or an advertisement medium. Explanation 2-The word "advertisement" in relation to a tax on adve · meot under this Ordinance means any word, letter, model, sign, placard, notice device or' representation, whether illuminated or not, in the nature of and emplc.ycd wholly or in part for the purposes of advertisement, announcement or direction. 89. (I) No advertisement shall be erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding, frame, post or structure or upon Qr in any vehicle or shall be displayed in any manner whatsoever in any place:Witbiq New Delhi without the written permission of the Chairperson granted in accordance with bye-laws made under this Ordinance. (2) The Chairperson shall not grant such permission! if­ ( a) the advertisement contravenes any bye-law made Ordinance; or (b) the tax, if any, due in respect of the advertisement has not been paid. (3) Subject to the provisions of sub-section (2), in the case of an -advertise­ ment liable to the advert~ement tax, the Chairperson shall grant permission for the period to which the pay!llent of the tax relates and no fee shall be charged in respect of such permission. 90. The permission granted under section 89 shall become void in the following cases, namely: (a) if the advertisement contravenes any bye-law made under this Ordinance; (b) if any material change is made in the advertisement or any part thereof without the previous permission of the Chairperson; (c) if •the advertisement or any part thereof falls otherwise than through accident; (d) if any addition or alteration is made to, or in the building, wal!, hoarding, frame, post or structure upon or over which the advertisement 15 erected, exhibited, fixed or retained if such addition or alteration involves the disturbance of the advertisement or any part thereof; and (t) if the building, wall, hoarding, frame, post or structure ov~r which the advertisement is erected, exhibited, fixed or retained is demobsbed or destroyed. THE GAZETIE OF INDIA EXTRAORDINARY SEC· l) 37 ~ . re any advertisement has been erected, exhibited fi d ,1. W}le er any land, builaing, wall, hoarding frame ' t ixe or retained up011 or. ovany vehicle or displayed to public view' from 8 'p~bts· or structure or 11 0rin f h , • f . 1c street or publi uPo . ntravention o t e prov1S1ons o thtS Ordinance or a b 1 c place lfl dco it shall be presumed, unless and until contrary is°y ye~aws made there~!e::ion bas been committed by the person or the persons ~:::h~h:~he c0ntr d rtisement purports to be or the agents of such person alf the a ve or persons. If any advertisement is erected, exhibited, fixed or retained in co tr 9z. . . f f 89 th Ch • n aven- tioll of the prov1s1onsbo'lds~~ ion 11 ,b e d' airperson may require the owner or • r of the land, Ul mg, wa , oar mg, frame, post or structure O h' 1 occup1e . b' b h • r vc 1c e or over or m w 1c t e same IS erected, exhibited, fixed or retained t upan, h d rt' , o k down or remove sue a ve isement or may enter any land bu'ld' ta e • 1 d h th d • . , l mg, roperlY or veh1c e an ave c a vertisement dismantled, taken down or ~erooved or spoiled, defaced o.r screened. Duty on transfer of property 93. (1) Save as otherwise provided in this Ordinance, the Council shall levy a duty on transfer of immovable property situated within the limits of New Delhi in accordance with the provisions hereafter in this section conta.iDed. (2) The said duty shall be levied- (aJ in the form of a surcharge on the duty imposed by the Stamp Act, 1899 as in force for the time being in the National Capital Territory of Delhi, on every instrument of the description specified below, and (b) at such- rate as may be determined by the Council not exceeding five percent, on the amount specified below against such instruments: Description of instrument (i) Sale of immovable property. (ii) Exchange of immovable property. (iii) G'ft f . 1 0 immovable property. (iv) Mortg • age With possession of im- movable property. (v) Lease • Pr ID perpetuity of immovable 0perty , Amount on which duty should be levied The amount of value of the considera­ tion ·for the sale, as set .forth in the instrument. The value of the property of the grea­ ter value, as set forth in the instru- ment. The value of the property as set forth in the instrument. The amount secured by the mortgage as· set fourth in the instrument. The amount equal to one sixth of the t Or value of the rent whole amoun • d • which would be paid or dehv~re m respect of the first fifty ~ears of the 1 set forth in the instrument. -------------~e:a:se~a:s-=~------ Presumptio11 in case of contraven­ tion. Power of Chairpenon in case of contraven­ tion. Duty on transfer of property and method of assessment thereto. 2 of 1899 ProvisioGt applicable OD the introdu<> lion of trans­ fer duty. 2 of 1899 Tu on build­ ing applica­ tions. Imposition of other tues. Supplemen­ tary taxation. Tune and manner of payment of tuea. Presentation of bill. 38 nrn GAZETTE OF INDIA EXTRAORDINARY [P,.u 11- 94. On the introduction of the duty on transfers of property- (a) Section 27 of the Stamp Act, 1899, as in force in the National Cap'taJ Territory of Delhi shall be read as if it specifically required the particulars 1 t be set forth separately in respect of property situated within and witho ~ ~~~; u (b) section 64 of the said Act ~ball be r~ad as if ~l referred to the Council as well as the Government of National Capital Temtory of Delhi. Tax on buildings payable along wilh the application for sanction of building plans 95. (1) Save as otherwise provided in this Ordinance the Council shall levy a tax on buildings at such rates not exceeding those specified in the Fifth Schedule as the Council shall determine. (2) The tax shall be leviable on every person who makes an application to the Chairperson for the sanction of building plan and shall be payable along with the same. ' Other taxes 96. (!) The Council may, at a meeting, pass a resolution for the levy of any of the taxes specified in sub-section (2) of section 60, defining the maximum rate of the tax to be levied, the class or classes of persons or the description or descriptions of articles and properties to be taxed, the system of assessment to be adopted and the exemptions, if any, to be granted. (2) Any resolution passed under sub-section (1) shall be submitted to the Central Government for its sanction, and if sanctioned by that Government, shall come into force on and from such date as may be specified in the order of sanction. (3) After a resolution has come into force under sub-section (2), the Council may, subject to the maximum rate, pass a second resolution determining the actual rates at which the tax shall be leviable and the tax shall come into force on the first day of the quarter of the year next following the date on which such second resolution is passed. (4) After a tax has been levied in accordance with foregoing provisions of this section, the provisions of sub-section (2) of section 55, shall apply in relation to such tax as they apply. in relation to any tax imposed under sub-section (1) of section 60. Supplementary taxation 97. Whenever the Council decides to have recourse to supplementary taxation under sub-section (2) of section 57 in any year, it shall do so by increasing from such date as the Council may determine, the rates at which any tax leviable under this Ordinance is being levied, but every such increase shall be made subject to the maximum rate and any other limitation specified in respect of such tax . Payment and recovery of taxes 98. Save as otherwise provided in this ordinance, any tax levied under th.is Ordinance shall be payable on such dates, in such number of instalments and in such manner as may be determined by bye-laws made in this behalf. 99. (1) When any tax has become due, the Chairperson shall cause to be presented to the person liable for the payment thereof, a bill for the amount due: Provided that no such bill shall be necessary in the case of­ ( a) a tax on vehicles and animals; -- THE GAZETTE OF INDIA EXTRAORDINARY 5, ;. I] ~ re-tax; and 39 (b) 8 00 advertisements. ( ) a tax . . c h bill shall specify the particulars of the tax and th . :ever}' sue . d e pcnod for (Z) barge is ma e. t<hic• the \ the amount of the tax for which a bill has been present d d 100. (1) . 1 ot paid within fifteen days from the presentation thereof e ~fn her . 99isn . h ht ,orite secuon . 1 s and animals or t e t ea re-tax or the tax on adverti'se . veb1c e d h Ch • ments is taX on ft •t has become ue, t e a1rperson may cause to be scrv d ·d a er I f h . e upon not pa~on liable for the payment o t e same a notice of demand in the form the pe . the Sixth Schedule. t forth in. d h' h h . se for every notice of ~eman w ic t e Chairperson causes to be served on (2) under this section, a fee of such amount not exceeding five rupees as any pe~:termined by bye-laws made in this behalf, shall be payable by the said may be and shall be included in the cost of recovery. person lOl. (}) If the person liable_for the payment of any t~ does not, within thirty f the service of the notice of demand under section 100 pay the sum due :r i~ no appeal is preferred against such tax, he shall be deemed to be in default. (Z) When the person liable for the payment of any tax is deemed to be in default under sub-section (1). such sum not exceeding twen~y per cent of the amount of the tax as may be determined by the Chairperson, may be recovered from him by way of panalty, in addition to the amount of the tax and the notice fee, payable under sub-section (2) of section 100. ' (3) The amount due as penalty under sub-section (2) shall be •recoverable as an arrear of tax under this Ordinance. 102. (1) If the person liable for the payment of the tax does not, within thirty days from the service of the notice of demand, pay the amount due, such sum together with all costs and the penalty provided for in section 71 may be recovered under a warrant, issued in the form set iorth in the Seventh Schedule, by distress and sale of the movable property or the attachment and sale of the immovable prQperty, of the defaulter: Provided that the Chairperson shall not recover any sum the liability for which has been remitted on appeal under the provisions of this Ordinance. (2) Every warrant issued under this section shall be signed by the Chair­ person. 163• (I) It shall be lawful for any officer or other employees of the Council t? whom a warrant issued under section 102 is addressed to distrain, wherever it ~ay be found in any palce in New Delhi any movable property, or any standing limber • • ' h • med as • growing crops or grass belonging to the person t erem na . defaulter, subject to the following conditions exceptions and exemptaonS, namely:- ' (a) the following property shall not be distrained:- . . (i) the necessary wearing apparel and beddi?g of the _d~faulter, his wife and children and their cooking and eating utenstls• (ii) tools of artisans· ' (iii) books of account· or f (• ) • . 1 • t his implements o ,v when the defaulter is an agncu tuns ble husbandry• seed, grain and such cattle as may be necessary to ena the defaulter to cant his livelihood; t Notice of demand and notice fee. Penalty in case of default of payment of taxes. Recovery of tax. Distress. (b) th d" • h • to say the proper y distra· e 1stress shall not be excessive, t at is 1 ; 0 the amount rccov~nedbl shall be as nearly as possible equal in vah u; been distrained ra e under the warrant, and if any property a Disposll of distraiqed property and attachlDCnt and talc of immovable prop«ty. Recovery from a per• son about to leave New Delhi or New Delhi. 1liE GAZETTE OF INDIA EXTRAORDINARY (P~llT 11- which, in the opinion of the Chairperson, should not have been distraincd it shall forthwith be released. ' (2) The person charged with · the execution of a warrant of distress shall forthwith make an inventory of the property which he seizes under such warrant, and shall, at the same time, ~ive a ~tte~ notice in the !orm set fonh in the Eighth Schedule, to the person m possession thereof at the time of seizure that the said property will be sold as · therein mentioned. 104. (1) When the property seized is subje~t to speedy and natural decay or when the expense of keeping it in custody is, when added to the amount to be recovered, likely to exceed its value, the Chairperson shall give notice to the person in whose possession the property was at the time of seizure that it will be sold at once, and shall sell it accordingly by public auction unless the amount mentioned in the warrant is forthwith paid. (2} If the warrant is not in the meantime suspended by the Chairperson, or discharged, the property seized shall, after the expiry of the period named in the notice served under sub-section (2) of section 103 be sold by public auction by order of the Chairperson. (3) When a warrant is issued for the attachment and sale of immovable property, the attachment shall be made by an order prohibiting the defaulter from transferring or charging the property in any way, and all persons from taking any benefit from such transfer or charge~ and declaring that such property would be sold unless the amount of tax due with all costs and declaring that such property would be sold unless the amount of tax due with all costs of recovery is paid into the municipal office within fifteen days from the date of the attachment. (4) Such order shall be proclaimed at some pince on or adjacent to such property by beat of drum or other customary mode and a copy of the order shall be affixed on a conspicuous part of the property and upon a conspicuous part of the municipal office and also, when the property is land paying revenue to the Government, in the office of the collector. (5) Any transfer of or charge on the property attached or any interest therein made without written permission of the Chairperson shall be void as against nil claims of the Council enforceable under the attachment. (6) The surplus of the sale-proceeds, if any, shall, immediately after the sale of the property, be credited to the New Delhi Municipal Fund, and notice of such credit shall be given at the S?me time to the person whose property has been sold or his legal representative and if the same is claimed by written 'application to the Chairperson, within one year from the date of the notice , a refund thereof shall be made to such person or representative. (7) Any surplus not claimed within one year as aforesaid shall be the property of the Council. (8) For every distraint and attachment made in accordance with the foregoing provisions, a fee of such amount not exceeding two and a half per cent , of the amount of the tax due as shall in each case be fixed by the Chairperson, shall be charged, and the said fee shall be included in the costs of recovery. 105. (1) If the Chairperson has reason to believe that any person from whom any sum is due or is about to become due on account of any tax is about to move from New Delhi or Delhi, he may direct the immediate payment by such person of the sum so due or about to become due and cause a notice of demand for the same to be served on such person. (2) If, on the service of such notice, such person does not forthwith pay the sum so due or about to become due, the amoun\ shall be leviable by distress or a!tachment and sale in the manner hereinbefore provided, and the warrant of distress or attachment and sale may be issued and executed without any delay· nm GAZETTE OF INDIA EXTRAORDINARY 41 5tc, ll ~:::::============================~ ~ ed" • 1 tead of procc mg against a defaulter by distress and 1 te6• !15 provided, or after a defaulter has been so prn,,• d d sa c . as inbe1ore • 1 """e e against here fully or with part1a success, any sum due or the balance of uccess be fr h d f l any sum uns as the case may • ~~ sue e au ter on account of a tax ma be duc0\ered from him by a suit m ~ny court of Competent jurisdiction. y re h' I • • 107. (J) · If the tax ondafnylve ibc e do.r animal is not paid, then, instead of d·ng against the e au ter y 1Stress and sale of his other m bl Procee I f • d d h Cb • ova e rt as herein be ore prov1 e , t e arrperson may, at any time afte th propeh \ecome due, seize and detain the vehicle or animal or both and .rf the taX as • 1 d h d . . ' I e owner or other person_ enht e t efreto ~salnofrt with~n seven days in respect of a vehicle and _two days m respect o an amm om tne date of such seizure and detention, claim th~ sam.e and pay the tax due ~ogether with the charges incurred in connection with the seIZure and detention, the Chairperson may cause the same t? be. sol? and apply the proceeds of the sale or such part thereof as is requ~ed tn d1Scbarge of the sum due and the charges incurred as aforesaid. (2) Th~ su~lus, if any, remai~ing after t~e application of the sale-proceeds under .;uh-section (1) shall be disposed of m the manner laid down in sub­ sections (6) and (7) of section 104. 108. (!) For the purposes of recovering the amount of any property tax from any occu -,ier under section 38, the Chairperson shall cause to be served on such occupier a notice requiring him to pay to the Council, any rent due or falling due from him in respect of the land or building to the extent necessary to satisfy the portion of the sum due for which he is liable under the said section. (2) Such notice shall operate as an attachment of the said rent unless the portion of the sum due shall have been paid and satisfied and the occupier shall be entitled to credit in account with the person to whom such rent is due for any sum paid by him to the Council in pursuance of such notice: Provided that if the person to whom such rent is. due is not the person primarily liable for payment of the property tax, he shall be entitled to recover from the person primarily Hible for the payment of such .tax any amount for which credit is claimed as aforesaid. (3) If any occupier fails to pay to the Council any rent due or falling due which he has been required to pay in pursuance of a notice served upon him as aforesaid, the amount of such rent may be recovered from him by the Council as an arrear of tax under this Ordinance. Remission arid refund d 10?• If any building is wholly or partly demolished o! d~stro.yed ~r. otherwise epnved of value, the Chairperson may, on the application m wntmg of the owner or occupier remit or refund such portion of any tax assessed on the rat bl ' ea e value thereof as he thinks fit. UO. (1) If any building together with land appurtenant thereto has remained ~a.nt and unproductive of rent for sixty or more consecutive dayS, the h~rperson shall remit or refund as the case may be, two-thirds of such ~ ion. of the property tax assessed on the rateable value ther~of: as may be ~~{orttonate to the number of days during which the said building to~e•her re thc land appurtenant thereto has remained vacant and unproductive of nt. an~) If any land, not being land appurtenant to a building, bas remaine~ vacant sh II unproductive of rent for sixty or more consecutive day5, the Chairperso: a remit or refund, as the case may be, oae half 'lf sue Power to in­ stitute , uit for rec:ov, .ry. Power of sei­ zure of vehi­ cles and ani­ lt:' lg in tasc of non-pay­ ment of tax thereon. Occupiers m:iy be re­ quired to pay rent towards satisfaction of property tax. Demolition, etc., of buildings. Remission, or refund of tax. pc,wa- to re­ quire eatry i.a •-•PIIC':llt lilt of detaill of buildiql. Notice to be given of tbe cin:umswt­ ces in whic:b remissioa or refund ii claimed. 42 TIIE GAZETTE OF INDIA EXTRAORDINARY portioa of tbs property tu asses.,ed' on the rateable value thereof, as 111 Pro-.ionite to the number of days during which the said land has rernay_ be, ~- . f ~~ vacant and unproductave o rent. 111. (1) For the purpose of obtaining a partial remwion or refund of tax th owner of a building composed of separate ~n.ements may. ~uest the Cb~r~ son at the time of the assessment of the buildmg, to enter m the assessment r in ~ddition to the rateable value of the whole building, a note regardin tst, detail of the rateable value of each separate tenement. g any (2) When any ten_ement, the rateable value of_ which has been thus separate! recorded has remaIDed vacant and unproductive of rent for sixty or m Y consecutive days, such portion of any ~ assessed on the rateable value of :e whole building shall be remitted or refunded as would have been remitted e refunded if the tenement had been separately assessed. or . 112. No remission or refund under section 110 or section 111 shall be mad unless notice in writing of the fact that land, building or tenement has bcco e vacant and unproductive of rent h~ been given to th~ Chairperson, and~~ remission or re~od shall take effect m respect of any period commencing mo than fifteen days before delivery of such notice. re What build­ ings, are to be deemed vacant. 113. (1) For the purposes of sections 110 and 111 no land, building or tenement shall be deemed vacant if maintained as a pleasure resort or town or country house or be deemed unproductive of rent if let to a tenant who has a continuing right of occupation thereof, whether he is in actual occupation or not. (2) The burden of proving the facts entitling any person to claim relief under sections 109, 110 or section 111, shall be upon him. Notke to be gjveo of"° ery occupa­ tioatliftO­ ut 11.0d or building. 114. The owner of any land, building or tenement in respect of which a remission of refund of tax has been given under section 80 or section 81, shall give notice of the re-occupation of such land, building or tenement within fifteen days of such re•occupation. Appeals AppeaJ 115. (1) An appeal again.st the levy or assessment of any tax under this against as- Ordinance shall Jie to the Court of the district judges of Delhi or New Delhi, as sessmeot, the case may be. etc. (2)_ If, before or on the hearing of an appeal under this section, any question of Jaw or usage having the force of law or construction of a document arises, the Court of district judge on his own motion may, or on the application of any party to the appeal, shall, draw up a statement of the facts of the case, and the question so arising, and refer the statement with his opinion on the question for the .decision of the High Court. S ot 1908. (3) On a reference being made under suf>.section (2), the subsequent proceedings in the case shall be, as nearly as may be in conformity with the rules relating to references to the High Court contained in Order XL VI of the First Schedule to the Code of Civil Procedure, 1908. (4) In every appeal, the costs shall be in the discretion of the Court. (5) Costs awarded under this section to the council shall be recoverable by the Council as an arrear of tax due from the appellant. . . . • • bin ten (6) If the Council fads to pay any costs awarded to an appellant wit tb·e da~ after the date of the order for payment thereof, the Court may 0rder Cbaupcrson to pay the amount to the appellant. THE GAL...t. n~ Ut- lNOlA EXTRAORDINARY ~ ~peal ;hall be beard or detennined under section US 1 No ap une~ 43 116, al JS• in the case of a property tax, brought within thirty d appe ' • • f h . . ays next (a) the f authentication o t e assessment hst under section 70 ( 1 . th date o • • f exc us1ve after : qusite for obtammg a copy o the relevant entries therein) ume re • d f th d , h.. or' as of the be within thirty ays o e ate on w ich an amendment 15 . fi 11 may , • f • • · ma y th~ case der section 72 and,_ m the case o . any other tax, within thirty days next 111ade un d te. of .the receipt of tht notice of assessment or of alteration f after ::nt :r, if no notice has _been given, within thirty days after the date :f a.ssess esentation of the first bill or' as the case may be, the first notice of the pr d in respect thereof: deman • • d' . h l (b) the amount, if any' 1D . 1Sput~ ID t e appea has been deposited by the t in the office of the Council. appeUan . hi . d . 1 7 Notwit,Jtstandmg anyt ng contame 10 c ~use (a) of. section 116 an a 11 ~maybe admitted after th~ expiration of the period prescribed theref~r by ppesection if the appellant • sat1Sfies the court that he had sufficient cause for tba t 1 • h' h . d referring the appea wit m t e peno . 00 :1:. The order of the appellate officer confinning, setting aside or modifying an order in respect of any reteable value or assessment or liability to assessment or taxation shall be final: • Provided that it shall be lawful for the appellate officer, upon application or on his own motion, to review any order passed by it in appeal within three months from the date of the order. Miscellaneous provisions relating to taxation 119. (I) The Chairperson may, without giving ar.y previous notice, enter upon and make an inspection of- (a) any land or building for the purpose of determining the rateable value of such land or building; (b) any stable, garage, or coach house or any place wherein he may have reason to believe that there is any vehicle or animal liable to a tax under this Ordinance· ' (c) any place or premises which he has reason to believe are being used or are about to be used for any performance or show in respect of which the the.atre tax is payable or would be payable; • (d) any land, building or vehicle in or upon which any advertisement hab)e to tax under this Ordinance is exhibited or displayed. • ( 2 ) T h e Chairperson may by written summons require t.he attendance before him 0! any person whom h; has reason to believ; to be liable to the payment of a tax 1n res f • • f y such person and ma pect o a vehicle or animal, or of any servant o an . . of ,,J i'"mine SUcb person or servant as to the number and descnpht h pc ic es and animals owned by or in the possession or under the control 0b sued rson • and • d shall be oun to au; d b every person or servant of such person so sun_imone h best of his kno 1 n efore the Chairperson and to give information to t e 12w edge and belief as to the said matters. O. (1) Tb • . . f Council allow any Pers e Chairperson may with the previous sanction ° 0n to co (2) Eve m~und for any tax. . . der sub-section (1) sha)J be ry sum due by reason of the composition _of a t~ un 121 recovered as an arrear of tax under this Ordmance. f tax or • (1) Tb c • d n account o any of the cos c ha1rperson may write off any su_m ___ ue ? 0 inion irrecoverable: ts of recovering any tax if such sum is, m his P Conditions of right to ·~ peal. Condo nation of delay in preferring the appeal. Fmality of appellate or­ ders. Power to in­ spect for pur­ poses of de­ termining ra­ teable value or tax. Composition. Irrecoverable debts. aM 1HE GAZETTE OF INDIA EXTRAORDINARY Provided that where the sum written off in favour of arty person exceeds thousand rupees, the previous sanction of the Council shall be first obtain:~c (2) The Chairperson shall report to the Council every case in which any • bas been written off under sub-section (1) . swn Obligation to ditclose Iii• bility: 122. (1) The Ch~rson. may, b~ written notice, call upon any inhabitant of New Delhi to furrusb such 1nformat1on as may be necessary for the purpose of ascertaining- (a) whether such inhabitant is liable to pay any tax imposed by th Immaterial error not to affect lia­ bility. General power of e.1- emption. Council under this Ordinance; c (b) at what amount .be should be assessed; or (c) the rateable value of the land or building which be ocrupies and the name and ad~ of the owner or lessee thereof. (2) If any person when called upon under sub-section (1) to furnish information neglects to furnish it within the period specified in this behalf by the Chairperson or furnishes information which is not true to the best of his Jcnowledge or belie(, he shall be liable, in addition to any penalty which may be imposed under this Ordinance, to be assessed at such amount on account of tax as the Chairperson may deem proper, and \be assessment so made shall, subject to the provisions of this Ordinance, be final. 123. No assessment and no charge or demaµd on account of any tax shall be impeached or affected by reason only of any mistake in the name, residence, place of business or occupation of any person liable to pay the tax or in the description of any property or thing, or of any mistake in the amount of the assessment, charge or demand, or by reason only of clerical error or other defect of form, if the directions contained in this Ordinance and' the bye-laws made thereunder have in substance and effect been complied with and it shall be enough in the case of any such tax on property or any assessment of value for the purpose of any such tax, if the property taxed or assessed is so described as to be generally known; and it shall not be necessary to name the owner or occupier thereof. 124. The Council may, by resolution· passed in this behalf, exempt either wholly or in part from the payment of any tax levied under this Ordinance, any class of persons or any class of property or goods. Taxes on entertainment and betting Proceeds of 125. The proceeds of the entertainment and betting taxes collected in New entertain- Delhi under the provisions of the Uttar Pradesh Entertainment and Betting Tax men_t aad Act, 1937, as extended to the National Capital Territory of Delhi (which shall ::t~!n:;es form part of the Consolidated Fund of the National Capital Territory of ~elhi) reduced by the cost of collection as determined by the Government shall, if the Legislative Assembly of the National Capital Territory of Delhi by appropriation made by law in this behalf so provides, be paid to the Council for the performance of its functions under 'this Ordinance. Power Council borrow. CHAPTER IX .BORROWING of 126. (1) The Council may, in pursuance of any resolution passed by it, borrow to by way of debenture or otherwise on the security of all or any of the taxe~, rates, cesses, fees and charges authorised by or under this Ordinance, any sums of money which may be . required- (aJ for acquiring any land which it has power to acquire; ,· (b) for erecting any building which it has power to erect; (c) for the execution of any permanent work, the provision of a;; plant, or the doing of any other thing which it has power to execu ' THE GAZETTE OF INDIA EXTRAORDINARY ~:::~~=~==~==~=======~45 ~' if the cost of carrying out the purpose in . pro\'! d over a tenn of years; qucsti0n ought to be sprea (d) to pay off any debt due to the Central Go t· vcrnmcnt or the aovernmen , (e) to repay a loan previously raised under this O d' b Act previously in force; or r mance or any ot er (f) for any other purpose for which the Council is b . 0 dl·nance or any other law for the time being in fo;ceY virthue . of this r , aut onsed to t,orrow: Provided tbat- (i) no loan shall be raised without the previous san ti' f • h . . . c on o the Central Government or wit out prevtous publication of the appl·. t' & h • • tea 10n ,or sanction under the Local Aut onties Loans Act, 1914, and the rules made thereunder; and (ii) the ~ount of l?an, the rate of interest and the terms including the date of floatat1on, the time and method of the repayment and the like shall be subject to the approval of the Central Government.. (Z) When any sum of money has been borrowed under sub-section (I), no portion of any sum of money borrowed for any of the purposes referred to in clause (c) of.sub-section (1) shall be applied to the payment of salaries and allowances to any o~ficers. or other ei_nployees other than those exclusively employed in connection with the carrymg out of that purpose. 127, lie time for the repayment of any money borrowed under section 126 shall in 10 case exceed .sixty years a~d the ·time for repayment of any money borrowed for the purpose of discbarging any previous loan shall not, except with the express sanction of Central Government, extend beyond the unexpired portion of the period for which such previous loan was sanctioned. . 128. All debentures issued under this chapter shall be in such form as the Council may, with the previous sanction of the Central Government, determine and shall be transferable in such manner as shall be therein expressed; and the right to sue in respect of the moneys secured by any of such debentures shall vest in the holders thereof for the time being without any preference by reason of some such debentures being prior in date to others. • 129, When any debenture or security issued under this Ordinance is payable to two or more persons jointly, and either or any of them dies, then, notwithstanding anything in section 45 of the Indian Contract ~ct, 1872, the debenture or security shall be payable to the survivor or survivors of su~h person: Provided that nothing in this section shall affect any clai~ by legal representative of a deceased person against such survivor or survivors. . . 130• When two or more persons arc joint holders of any debenture or secunt~ ~ued under this Ordinance any one of such persons may give an effectua rcce' • ' • · h d benture or 1~t for any interest or dividend payable in respect of sue . e the other SCCunty, unless notice to the contrary has been given to the Council by of such persons. 131 (.) Th els & th repayment of money bo ' 1 e Council shall maintain sinking fun ,or e h sinking funds su:o;ed on d_ebentures issued and shall pay every_ y~ar into :~~d fixed for the I urn as wdl be sufficient for the repayment within the P oan of all moneys borrowed on the debentures issued. . 1 b (2) AU II soon as poss1b e, e inve money paid into the sinking funds sha ' as h investment shall be stcd by the Chairperson in public securities . and eveyfisfuc days reported b ·1 w1'thin • teen • Y the Chairperson to !he Counc1 • Time for re­ payment of money bor­ rowed under section 166. Form and cf. feet of de­ bcntu1c. Payment to survivors of joint payees. 9 of 1872. Receipt by joint holders for interest or dividend. Maintenance and invest• ment of sink• ing funds. r Applicltioa of sillltiag funds. Annual state­ ment by Cllllrpenon. 46 THE GAZETTE OF INDIA EXTRAORDINARY fPAln U- (3) All dividends and other sums received in respect of any such investm shall, u soon as possible after receipt, be paid into the sinking funds ae~ invested in the manner laid down in sub-section (2) n (4) When any ~ ~f a s~king fund is invested in New Delhi municipal .debentures, or is applied m pa)'lng off any part of a loan before the period fixed for repayment, the interest which would otherwise. h~ve been ~ayable on such debentures or on such part of the loan shall be paid into the smking fund and invested in the manner laid down in such-section (2). (5) Any investment made under this section may, subject to the provision of sub-lection (2), be varied or transposed. 132. A sinldag fund or any part thereof shall be applied in or towards the discharge of the loan or a part of the loan for which such fund was created, and until such loan or part is wholly discharged shall not be applied for any other purpose: Provided that when any loan or part thereof bas been consolidated under sectioa 134, the Chairperson shall transfer to the sinking fund of the consoli­ dated loan such part of the sinking funds of the original loans as may be proportionate to the amount of the original loans incorporated in the consoli­ dated Joan. 133. (I) The Chairperson shall, at the end of every year, submit to the Council a statement showing- ( a) the amount which has been invested during the year under section 131; (b) the date of the last investment made previous to the submission of the statement; (c) the aggregate amount of the securities then in his hand; and (d) the aggregate amount which has up to the date of the statement been applied under section 132, in or towards discharging loans. (2) Every such statement shall be published in the Official Gazette. Power of 134. (1) Notwithstanding anything to the contrary contained in this chapter, Council to the Council may consolidate all or any of its loans and for that purpose may consolidate invite tenders for a new loan (to be called "the new Delhi Municipal Council loans Priority of payment for intereac aad repayment of loana over me11t1. consolidated loan, 19-") and invite holders of the municipal debentures to exchange their debentures for scrips of such loan. (2) The terms of any such consolidated loan and the form of its scrip and the rates at which exchange into such consolidated loan shall be permitted shall be subject to the prior approval of the Central Govern­ ment. (3) _The period for the exchanging of any such consolidated loan shall not, without the. sanction of the Central Government, extend beyond the farthest date within which any of the loans to be consolidated would otherwise be repaybale. (!) The Council shall provide for the repayment of any such cons?li­ dated loan by a sinking fund in the manner laid down in section 131 having regard to the amount transferred to such sinking fund under section 13Z. 135. (1) All payments due from the Council for interest on and repayment ?f loans shall be made in priority to all other payments due from the Council. (2) If any money borrowed or deemed to have been borrowed by the. Council fr?m Central Government or the Govern.ment of any in~e.rest ~~ costs due m respect thereof be not repaid accordmg to the conditions the ~an, the Central Government or the Government may attach the New Delhi 1 Municipal Fund or .any part thereof. nm GAZETIE OF INDIA EXTRAORDINARY 47 StC· t) =================================~ ~ (3) After ·such attachment no pcnon except an offi . a1f b th Ce t l G cer appomted in this beh y e n ra overnment •hall in,any waydcal w·th bed fund; but such officer may do all acta in respect th f .1 the attac • ffi b ereo which any municipal autbonty' o teer or ot er employee might have done if such ttacbment bas not taken place, and may apply the proceeds m· t· f . a d f all • t ts d . sa IS action of the arrears an o m eres an cost due m respect thereof and of all expenses caused by the attachment and subsequent proceedings. Provided that no such attachment shall defeat • aprejudlce any debt for which the fund was previ?usly charged In accordance with law; and all such prior charges shall be patd out of the proceeds of lhe fund before any part of the proceeds ts applied to satisfaction of the debt due to the Central Government or the Government. I of 1894. l36. The Co~ncil . may. ~alee regulat~ons to carry out the purposes of this Chapter includmg, m particular, ,he issue of duplicates in case of loss of debentures by theft, destruction or· otherwise, and renewal of debentures on payment of fees prescribed in this behalf by such regulations. CHAPTER X PROPERTY AND CO?irl'RACI'S Property 137. The Council shall, for the purpose of this Ordinance, have power to acquire and' hold movable and immovable property, or any interest therein. 138. Whenever the Council decides to acquire any immovable property for the purpose of this Ordinance, the Chairperson shall acquire such property on behalf of the Council by agreement on such terms and at such price as may be approved by the Council. 139, Whenever the Chairperson is unable to acquire any immovable property under section 138 by agteement the Central Government may at the requeSt of thc Chairperson procure the ;cquisition thereof under th~ provisions of the 1:and Acquisition Act, 1894, and on paym'ent by-the Council of the compens~­ tton awarded under that Act and of the charges incurred by the Gov~mment m connection with the proceedings, the land shall vest in the Council. h 146• With respect to the disposal of movable property belonging to _council t e Chairpenon may, in his discretion, dispose of by s~le ~r 0therw:, e:~~ ~ovable property belonging to the Council not exceedmg m value ·1 instan • . t as the Counc1 may cc one thousand rupees, or such higher amoun 1 ase · of any PfCScribe, or let out on hire any movable property or grant a e Power to make regula­ tions. Acquisition of property. Aquisition of immovable property by agreement. Procedure when immov­ able property cannot be ac­ quired by ag• reement. Disposal o! movable property. 48 lllE GAZETTE OF INDIA EXTRAORDINARY immovable property belonging to the ~uncil included any right of gath and taking fruits and the like, for a penod not exceeding one year at 1 Dispolal of 141. The Chairperson may, with the sanction of the Council­ i,nmoYablc property. (a) (i) dispose of, by sale or otherwise, any movable property belon to the Council the value of which does not exceed five thousand ru (ii) grant a lease (other than a lease in perpetuity) of any immova propoerty belonging to the Council; or (iii) sell or grant a lease in perpetuity of any immovable prope belonging to the Council the value of which does not exceed fifty thou rupees or the annual rent of which does not exceed three thousand rupe (b) in a c~ not covered by clause (a), the Chairperson may, with , sanction of the Council, lease, sell, let out on hire or otherwise trans any property, movable or immovable belonging to the Council. (c) the consideration for which any immovable property may be sol )eased or otherwise transferred shall not be less than the value at wbi such immovable property could be sold, leased or otherwise transferred • normal and fair competition. (d) the sanction of Council under the aforesaid clauses may be give either generally for any class or cases or specially for any particular c (e) subject to any conditions or limitation that may be specified in an other provisions of this Ordinance the foregoing provisions of this sectio shall apply to every 9isposal of property belonging to the Council ma under, or for any purpose of this Ordinance. (f) every case of disposal of property in section 140 and under cla (a) of this section shall be repo!ted by the Chairperson without delay t the Council. Contracts by 14.2. Subject to the provisions of sections 143 and 144 the Council shall be the Council. competent to enter into and perform any contract necessary for the purposes o Proc:cdurc for making contracts. this Ordinance. 143. With respect to the making of contract~, the folJowing provisions shall have effect, namely:- (a) every such contract shall be made on behalf of the Council by th Chairperson, (b) no such contract, for any purpose which in accordance with an provision of this Ordinance the Chairperson may not carry out without th approval or sanction of the Council sh.all be made by him until and unlest such approval or sanction has been duly obtained; . (c) no contract which will involve an expenditure exceeding ten l~kb rupees or such higher amount as the Central Government may from tu~o to . !~me, fix, shall be made by the Chairperson unless the same ••. previously approved by the Council; and (d) every contract made by the Chairperson involviqg an ex~n~t~ exceeding on lakh rupees but not exceeding ten Jakh rupees or such hi~h~: amount ~ may be fi~ed under clause (c) shall be reported by him, w1thi one month after the same has been made to the Council; (e) no contract for the acquisition of immovable property shall be sec_. I~] ::;:::::::::=~==~ =TH~ E~G~A~Z~E: TI=:=E=O=F~IN:::D:::l=A:::E::;:XT::::::R:::A:::0:::R:::D:::I:::N:::A:::R:::Y::::::::::::::::::::::::::::::~49 ~ valid unless the contract has been approved by th Co . the price stipulated to be paid for such property e dsuncil, where . excce one lakh rupees. 144 (1) The mode of executing contracts under this O din ··bed by bye-laws made in this behalf. r ance shall be prescn h' h . ''2) No contract w 1c is_ not made in accordance · h 1· wit provisions of this Ordinance and the bye-laws made thereunder shall be binding on the eouncil. CHAPTER XI WATER SUPPLY, . DRAINAGE AND SEWAGE COll.ECnoN General l45. In this Ch~pter! unless_ the context otherwise requires, the following words and . expression m relation to water supply shall have the respective meanings given below, namely:- (JJ "communication pipe" means,- (a) where !he p~emises sup~lie~ with water abut on the part of the street m which the mam IS laid, and the service pipe enters those premises otherwise than through the outer wall of a building abutting on the street and has a stopcock placed in those premises and as near to the boundary of that street as is reasonably practicable, so much of the service pipe as lies bet­ ween the main and that stopcock; (b) in any other case, so much of the service pipe as lies between the main ·and the boundary of the street in which the main is laid, and includes the ferrule at the junction of the service pipe with the main, and also (i) where the communication pipe ends at a stopcock, that stopcock; and (ii) any stopcock fitted on th~ communication pipe bet­ ween the end thereof and the main; (2) "main" means a pipe laid by the Council (or the purpose of giving a general supply of water is distinct from a supply to indi­ vidual consumers and includes any apparatus used in connection with such a pipe; (3) "service pipe" means so much of any pipe for supplying water from a main to any premises as is subject to wa_ter pressure from that main, or would be so subject but for the closing of some tap; (4) "supply pipe" means so much of any service pipe as is not a communication pipe; (5) "trunk main" means a main constructed for the purpo~e of conveying water from a source of supply to a filter or reservo1r or from one filter or reservoir to another filter or reservoir• or . f~r the P • • k fr e part of the hm1ts of urpose of conveymg water m bul om on . . supply to another part of those limits, or for the purpose of givrng or taking a supply of water in bulk; (6) "water fittings" includes pipes (other than mai?s~, taps, cocks, v J hs d other similar apparatus a ves, ferrules, meters, cisterns, bat an UScd in connection with the supply and use of water· Mode of ex­ easting con­ tracts. Definitions. Ccluftdl may CMfYOUI MVC)"I ud rocmullte p,i,posu. Functions in relation to water supplies. nm OAZElTE OF INDIA EXTRAORDINARY 14". (1) The Council may­ (a) carryout a survey of the ex_i.1ting consumption of and de of and demand for water supplies in New Delhi and of the w resources in or likely to be made available in New Delhi; (b) prepare an estimate of the future water supply requirements New Delhi; (c) carryout a survey o_f the existing quantity of sewage disposaJ and the manner in which it is dispo5¢d of; (d) formulate proposals as to­ (i) the existing or future. water supply requirements of N Delhi. (ii) the existing or future sev.:age collection requirement • New Delhi including proposals for the manner in which and place or places at which sewage should be carried, and collectc (2) I.f the council is of the opinion that the works another properti for the time being vests in the Council, for the purposes of supply of watc are inadequate for the purpose of sufficient supply of water or for tb purpose of efficient collection of sewage under this Ordinance if may talc step in accordance with the provisions of this Ordinance for the constructio of additional works, whether within .New Delhi or outside New Delhi wi the approval of the Administrator and for the acquisition of addition properties for such works. Water Supply 147. (1) lt shall be the duty of the Council to take steps from time t time- (a) for ascertaining the sufficiency and wholesomeness of wate supplies within New Delhi and receiving bulk replies of water from th authority prescribed by the Central Government; (b) for providing a supply of wholesome water in pipes to eve part of New Delhi in which there are houses, for the domestic pur­ poses of the occupants thereof, and for taking the pipes affording tha supply to .such point or points as will enable the houses to be con nected thereto at a reasonable cost, so, however, that this clause sha not require the Council to do anything which is not practicable at a reasonable cost or to provide such a supply to any part of New De where such a supply is -already available at such point or poin aforesaid; I (c) for providing as .far as possible, a supply of wholesome wate otherwise than in pipes to every part of New Delhi in which there houses, for the domestic purposes of the occupants thereof and t which it is not practicable to provide a supply in pipes at a reasonabl cost, and in which danger to health arises from the insufficiency o unwholesomeness of the existing supply and a public supply is requir and can be provided at a reasonable cost, and for securing that sue supply is available within a reasonable distance of every house in that part. (2) lf any question arises under clause (b) of sub-section (1) as to whether anything is or is not practicable at a reasonable cost or as to th0 point or points to which pipes must be taken in order to enable houses to be COMected to them at a reasonable cost, or under clause (c) thereof, 11 to· whether a public supply can be provided at a reasonable cost, th0 Council ·shall determine that question and thereupon it . shall give effect to that determination. THE GAZETTE OF INDIA EXTRAORDINARY ~ . . . 51 (3) Without prejudice tfo the prov1s1onfs of su_b.section (I), the Chairpcrso the purpose o secunng, so ar as is reasonabl . n shall, for has available a sufficient supply of wholesom Y practicable, that bOUse . h' e water for do ever/ ses exercise 1s powers under this Ordinance of r . . mes- tic ~~n: h~uses to provide a supply of water thereto. equmng the own The Council shall secure that the water in any course bet . (4) ·1 from which the water is supplies for domestic pu ong1?g toh the eounc1 rpose is w ole- some. 11 • h h • 148. No person sha , wit out t e wntten permission of the Chairperson use or allow to be used for other than domestic purposes water supplied fo; domestic purposes. 149. The supply ~f water for domestic purposes under this Ordinance shall not be deemed to mclude any supply- ( a) for animals •or for washing vehicles where such animals or vehicles are kept for sale or hire; (b) for any trade, manufacture or business; (c) for fountains, swimming baths or any ornamental or mechanical purpose; ( d) for gardens or for purposes of irrigation; (e) for making or for watering streets; or (/J for building purposes. 150. (1) .The Chairperson may supply water for any purpose other than a domestic purpose on such terms and conditions consistent with this Act and the bye-laws made thereunder as may be laid down in this behalf by the Council on receiving a written application specifying the purpose for which the suppli is required and the quantity likely to be consumed. (2) When a application under sub-section (1) is received, !he Ch~an may subject to such charges and rates as may be fixed by the Council, place or allow to be placed the necessary pipes and • water fittin~ of such dimensions and character as may be prescribed by bye-laws and may arrange for the supply of water through such pipes and fittings. 151. Water may be used for extinguishing fire. ar 152•. (1) If it appears to the Chairperson that any premises in New Delhi e 7 ~ithout supply of wholesome water for domestic purposes or that the X1Shng supply of water for domestic purposes available for the persons :u~Uy occupying or employed in such premises is inadequate ~r on . ~ny r rut~ grounds objectionable, the Chairperson may by noti~ ID wntmg equire the owner of the premises or the persons primarily liable for the payment of the property tax in respect of the same- ( a) to take a c~nnection from the municipal water works ad~qua~e for the requirements of ·the persons occupying or employed ID t e ~rcmises, or to take such additional or enlarged connection or connec- tions from the municipal water works; and k (b) fi • install and wor a to provide, supply pipes and water ttlngs, in pump and do all such works and take all such measures as may• the opinion of the Chairperson be necessary for the above purposes. Water sup, plied for domestic purposes not to be used for DOD· domestic purposes. Supply of water for domestic purposes not to include any supply for certain specified purposes. Power to supply water for DOD• domestic pmposes. Use of water for extinguishing fire. Power to require water supply to be taken. New Pre- ~ not "! be occupied without ar­ rangement for water supply. - Public ptuitous water 111pply. Power to lay mm,. Power to lay service pipe,, etc. .n TifE GAZETTE OF INDIA EXTRAORDINARY (2) The Cbiirpenon may in the notice issued under specify- (a) the size, marerial and quality of the pipes and water fittings to be provided; (b) the position of the pipes and water fittings to be provided; (c) the means .of aocess for the inspection of the pipes and water fittings; (d) the type of pump that should be installed and the period or periods of the day for which it should be kept working; (t) the period within which any or all the requisitions specified in the notice should be carried out. 153. It shall not be lawful for _th~ owner of a_ny premises which_ may be newly constructed or reconstructed Withm any portion of New Delhi until he bu obtained a certificate from the Chairperson that there is provided within -0r within a reasonable distance of, the premises such supply of wholesome y.'atc'r as appears to the Chairperson to be adequate for the persons who may occupy, or be employed in1 such premises for their domestic purposes. 154. (1) the Chairperson with the approval of the Council may provide gratuitous supply of wholesome water to the public w\thin New Delhi and may, for that purpose, erecj public hydrants or other conveniences. (2) The Chairperson may with like approval close a public hydrant or o'lher convenience when it is no longer required for the supply of wholesome water to the public. • 15S. (1) The Chairperson may lay a main whether within or without the local limits of the Council- ( a) in any street; and (b) with the consent of every owner and occupier of any land not forming part of a street, in, over or on that land, and may, from time to time, inspect, repair, alter or renew or may at any time remove any main so laid whether by virtue of this section or otherwise: Provided that where a consent required for the purpose of this sub-section is withheld, the Chairperson may, after giving the owner or occupier of the land a written notice of his intention so ,to do, lay the main in, over or on that Ian even without such consent. (2) Where the Chairperson, in exercise of the powers under this section, la a main in, over or on any land not forming part of a street, or inspects, repairs .alters, renews or removes .a main so laid down in, over or on any such land, h shaJI pay compensation to every person interested in that land for any dama done to, or injurious affection of that land by reason of the inspection, laying repair, alteration, renewal or removal of the main. 1S6. (1) The Chairperson may, in any street whether within or without th local limits of the Council lay such service pipes with such stopcocks and oth water fittings as he may deem necessary for supplying water to premises an may, from time to time, inspect, repair, alter or renew and may, at any time remove any service pipe laid in a street whether by virtue of this section ° otherwise. (2) Where a service pipe has been lawfully laid in, over, or on the land nol forming part of a street, the Chairperson may from time to time enter upo? th~t land and inspect, repair, alter, renew or remove the pipe or lay a new pipe 11 substitution thereof but shall pay compensation for any damage done in th0 course of such action. TH!! \.JAL!! t t c UF INDIA EXl_'RAORDJNARY S£C· I) ==== === ================~=====-- 53 ~ -= 1) 'Ibe Chairperson shall fix hydrants on water m • S'1 ( 1 be ams ( other th 1 • . s) at such paces as may most convenient for aff di an tfllllk rna1or extinguishing any fire which may break out an;r b nf I ale supp~y o~a::der and from time to time renew every such hydrant. s a cep m g T denote the situation of every hydrant placed unde th· . (2) ~arks or figures shall be displayed prominently on so;e 15 11 ~h~n, letters, tber structure near such hydrant. wa , u d- ing or o . J) As soon as any such hydrant IS compl~ted, the Chairperson shall ( sit a key thereof at each place where a pubhc fire engine is kept and in dePo ther places as he deems necessary. such 0 (4) The Chairperson may, at the request and expense of the owner or pier of any factory, workshop, trade premises or place of busin ~ted in or neat a street in which a pipe is laid (and not being a t essnk 51tua f ffi • d' • ru main and being o su 1c1ent 1~ens1o~s to carry a hydrant), fix on the pipe and keep in good order and fr?m ~~e to time renew one or more fire hydrants, to be used only for extmguIShm~ fires as near as conveniently may be to that factory, workshop, trade premises or place of business. (5) The Chairperson shall allow all persons to take water for extinguishing fires from any pipe on which a hydrant is fixed without any payment. J58, (1) The Chairman mar permit the owner, lessee or occupier of any premises to connect the premises by _means o~ supply pipes for conveying to the premises a supply of water for his domestic purposes from the municipal water works subject to the requirements specified in section 159 and the conditions, if any, laid down in the bye-laws made in this behalf. (2) The owner of every premises connected with the municipal water works, shall, when so required by the Chairperson, set up electric pumps or other contrivances whereby water may be caused to reach to the top of the top-most story of such premises. 1S9. (1) An owner, lessor or occupier of any premises, who desires to have a supply of water for his domestic purposes from the municipal water works, shall comply with the following requirements, namely:- {a) he shall give to the Chairperson fourteen days' notice of his intention to lay the necessary supply pipe; and (b) he shall lay the supply pipe at his own expense, having first obtained, as respects any land not fonning part of a street, the consent of the owners or occupiers thereof: Provided that where any part of the supply pipe is to be laid in ~ street, he shall not himself break open the street or lay that part of the pipe. (2) Upon ·the receipt of such a notice as is referred to in sub-section (1) , !he Chairperson shall lay the necessary communication pipe and any ~art. of ~c supply pipe which is to be laid in street shall connect the commumcation pipe with the supply pipe. (3) The expenses reasonably incurred by the Chairperson is executing the Wor~ which he is r~quired or authorised by this section to execute, shall be repaid to him by the person to whom the notice was given ~d may be recovered f d th' Ordinance rom such person as an arrear of tax un er is • Provided th • . • th Chairperson lays a rnai . . at if under the provisions of thlS section, e . • . he main i n in heu of a supply pipe the additional cost incurred 10 laymg t nSlead_ of a supply pipe shati be borne by him. h' (4) Not • h f • provisions of t 1s SCctio wit sta~ding anything contained in the or~gomg h service of the n~;i the Cha1~erson may, within a rea~_nable ume . afte:it~e~ to pay to him, in ccd upon him, require the person g!vmg the nohuc~hairpcrson or any a vance the cost of the work, as estimated by t e Provision of fire hvd­ rants. Supply of water. Laying of supply pipes, etc. - llfJ? OAZEJTB OF JM>IA EXTRAORDINARY officer ntborilc,d by bl thil behalf or to give ICCllrity for payment thereof lo 11tisfacdon. (5) If any payment made to the Cbairpenon ~der sub-aectioo (4) exceeds expema which the Cbairpenon would be_ entatl~ to ~vcr from the pe afvina the notice, the exceaa shall be rep1Jd by bun and if and so far as th expense, are not covered by the payment, the Cbairpenon may recover balance from such penon u an arrear of tu under this Ordinance. Power to re• qun ICpl• ntc •mce plpet. 160. (1) The Cbairpenon may require the provision of a separate service . for each of the premises supplied or to be supplied by him with water.pi Stopcocb. Power of Chairperson 10 provide meten. Presumptioo u 10 oorrect­ neu of me­ ters. Prohibition of waste or inisUJC of water. (2) l!, in the cue of any premises already supplied with water but not hav· a separate service pipe, the Chairpenon gives notice to the owner of premises requirina the provision of such a pipe, the owner shall, within th months, lay so much of the required pipe u will constitute a supply pipe and not required to be laid . in a street, and the Chairperson, shall, within fourt days after the owner has done so, lay so much of the required 'pipe as • constitute a communication pipe or a supply pipe to be laid in a street and mak all necessary communications. (J) If an owner upon whom a notice has been served under sub-section (2 fails to comply therewith the Chairperson may himself execute the work wbi the owner was required to execute and recover the expenses reasonably incurr by him in executing the work as an arrear of tax under this Ordinance. 161. (1) On every service pipe laid after the commencement of Ordinance, the Chairperson, shall, and on every service pipe laid before sue commencement, Chairperson may, fit a stopcock enclosed in a cover box or pit of such size as may be reasonably necessary. (2) Every stopcocks fitted on a service pipe after the commencement of t • Ordinance shall be placed in such position as the Chairperson deems m convenient: Provided that­ ( a) a stopcock in private premises shall be placed as near as • reasonably practicable to the sireet from which the service pipe entc those premises; and (b) a stopcock in a street shall be placed as near to the bound thereof as is reasonably practicable. 162. (1) The Chairperson may provide a water-meter and attach the same the service pipe in premises connected with municipal water works. (2) The expense of providing and attaching a meter under sub-section (1) sha be paid out of the New Delhi Municipal Fund. (3) The use, rent to be paid for such use, maintenance and testing.of mete shall be regulated by orders made by the Council in this behalf. 163. Whenever water is supplied under this Chapter through a meter it sh be presumed that the quantity indicated by the meter has been consumed unt the contrary is proved. 164. (1) No person shall wilfully or negligently cause or sutfer any water fitting which he is liable to maintain,- (a) to be or remain so out of order or so in need of repair, or (b) to be ·or remain so constructed or adapted or to be so used, ' -- • -· .. •V'lVI\U(NARY ~====·=======~~~==:===============~ss ~ ter ~upplied to him by the Council is or is lik 1 - the wa d • e Y to be w.... d tbat nduly consume , or contanunated before use h ... ,.e , d or u • 1 • , or t at foul a" misuse matter is bke y to return mto any pipe belonging t 1r or anY irnPu~e belonging to the Council. o, or connected • h a pipe . . . . wit ' If ny water fittings which any person is hable to maintain . . (2)_ . a or so constructed or adapted as afQresaid, the Chairpe u ID s~ch a nd1t1on, • h . d • t th rson, without co ·udice to bis ng t to pr~cee agams e person under any other provision of pre) d' ance may require that person to carry out any necessary . this 0~ nins and' if be fails to do so within forty-eight hours may h1'mreplfaus or atteratJQ f h • h , .,. se carry h work and recover rom 1m t e expenses reasonably incurred b hi . out t ~ arrear of tax. Y m ID doing, as an 50 165. The Chairperson or anr municipal officer authorised by the Chairperson . •tin' g may, between sunnse and sunset, enter any _premises supplied w'th in wn ·1 • d t • if h 1 water PY the Counet 1~ oi: er o examine . t ere be any waste- or misuse of ch water and the Chairperson or such officer shall not be refused admittance :: the premises nor shall be obstructed by any person in • making his examination. 166. The Chairperson may test any water fitting used in connection wit-h water supplied by the Council. l61, (1) If the Chairman is of opinion that the water in or obtained from any well: tank or other source of supply not vested in the· Council, being water which is or is likely to be used for domestic purposes, or for the preparation of food or drink for human consumption, is or is likely to become so polluted as to be prejudicial to health, the Chairperson may, after giving the owner or occupier of the premises in which the source of supply is situated a reasonable opportunity of being heard, by order, direct that the source of supply be permanently or temporarily closed or cut off or the water therefrom be used for certain purposes only or make such order as appears to him necessary to prevent injury or danger to the health of persons using the water or consuming food or drink prepared therewith or therefrom. (2) Before making any order under this section, the Chairperson may cause the water to be analysed at the cost of the Council. (3) If the person to whom an order is made under this section fails to comply therewith, the Chairperson may do whatever may be necessary for giving effect to the order, and any expenses reasonably incurred by him in so doing may be recovered by him from the person in default as an arrear of tax under this Ordinance. 168• (1) No water pipes shall be laid in a drain or on the surface of an open • channel or house gully or within twenty feet of d cesspool or in any position where the pipe is likely to be injured or the water therein polluted; and no well or tank and except with the consent of the Chairperson, no cistern shall be constructed within six metres of a latrine, or cesspool. (l) No latrine, or cesspool shall be constructed .or made within six metres of ~Y wen, tank, water pipe or cistern or in any position where the pipe, well, ank or cistem _is likely to be injured or the water therein polluted. bclh691. (1) The Chairperson may subJ'ect to the conditions laid down in this a fin th b • ' unicipal water work e ye-law~, cut off or turn off water supply fro?1 any m 1 . furn· hto any premises or part thereof to which a private water supp Y is IS cd by the Council. ~.e l W~~~t~ owner or xpe~es of cutting off or turning off water supp Y 5 the owner or 1\,,-. ' • 0Ccup1er of premises and shall be recoverable from ~P•cr as . . an arrear of tax under tblS Ordinance. Power to en­ ter premises to detect waste or mis­ use of water. Power to test water fit­ tings. Power to close or. re• strict use of water from polluted source of supply. Water pipes, etc., not to be placed where water will be pol· luted. Power to cut off private water supply or 10 turn off water. Joint and teVerll liabil· ity of ownen ud O<> cuplen for offence in re­ lation to wa­ ter supply. Public drains, etc., to vest in the Couocil. Control of drains and sewage dis• collection works. Certain mat­ ters not to be passed into municipal drains. 56 nm GAZETTE OF INDIA EXTRAORDINARY 170. If any offence relating to water supply is committed under this O d. d 'hb • • al r1n on any premises connecte wtt t c mumctp water works, the ow person primarily li~b~e for the payment ~f water tax and occupiers of~::• premises shall be Jointly and severally liable for such offence. Drainage and sewerage 171. (1) AU public drains, all drains in, alongside or under any public and _a~ sewage disposal ~arks, whether constru~ed out of the New sD Mumc1pal fund or otherwise and all works, matenals and things appe . thereto, which are situated in New Delhi shall vest in the Council. (2) All public and other drains which are vested in the Council are her; in this Ordinance referred to as municipal drains. (3) For the purposes of enlarging, deepening or ,otherwise repairing maintaining any such dram or sewage disposal work so much of the su appertaining thereto as may be necessary for the said purpose shall be dee all so to vest in the Council. (4) AU drains and ventilation shafts, pipes and all appliances and fi • connected with the drainage works constructed, erected or set up out of New D~lhi Municipal Fund in or upon premises not belonging to the Co whether- (aJ before or after the commencement of this Ordinance, and (b) for the use of the owner or occupier of such premises or n shall, unless the Council has otherwise determined, or does at any • otherwise determine, vest and be deemed always to have vested in the Coun 172. (1) All municipal drains, all sewage collection and all works, mate • and things appertaining thereto shall be under the control of the Chairpe (2) The Chairperson shall maintain and keep in repair all municipal d and sewage collection works and when authorised by the council, shall cons as many new drains and sewage collection works as may from time to time necessary for effectual drainage and sewage collection. 173. (1) No person shall throw, empty, or tum into any municipal drain into any drain communicating with a municipal drain- (a) any matter likely to injure the drain or to interfere with the flow of its contents, or to affect prejudicially the treatment and dispos its contents; or (b) any chemical, refuse or waste steam, or any liquid of a tem . ture higher than forty-five degrees centigrade, being refuse or s!ea~ wbi or a liquid which when so heated is either alone or in combmauon , , . e the contents of the drain, dangerous, or the cause of a nuisanc ' prejudicial to health; or (c) any dangerous petroleum. 30 of 1934. (2) In this section, the expression "dangerous petroleum" bas 1he sa meaning u in the Petroleum Act, 1934. THE GAZETTE OF INDIA EXTRAORDINARY ~==~~~=:=~=:~===========~57 ~ t to such conditions as may be prescribed b b - 174, (I) ube owner or occupier of any premises having a Y_ ye-law~ made in half t • • hi N D . pnvate drain b this be ' private dram wit n ew elh1 may apply to th Ch . • , or t c of any • t • h h e airperso t o\\'ller . drain made to commumca e wit t e municipal drains and n o have bis f ul water and surface water from those premis there~y to di5ch8rge o es or that pnvatc (!rain: 'd d that nothing in this sub-section shall entitle any pe J>roVt e . . . rson-- (a) to discharge directly or mdrrectly into any municipal drain-· (Q any trade effluent from any trade premises exec t • • b l d • h' beh p m accord-ance with ye- aws ma e m t 1s . alf; or (ii) any liquid or other matter the discharge of wh' h . • • h'b' d b .1c into municipal drams 1s pro 1 1te y or under this Ordinance or an other law; or y (b) where separate municipal drains are provided for foul wate d d• h d' 1 . ran for surface water to 1sc arge uect y or mdirectly- (i) foul water into a drain provided for surface water; or (ii) except with the permission of the Chairperson, surface water into a drain provided for foul water; or (c) to have his drains made to communicate directly with a strom-water overflow drain. (2) Any person desirous of availing himself of the provisions of sub-section (1) shall give to the Chairperson notice of his proposals, and at any time within one month after receipt thereof, the Chairperson may by notice to him refuse to permit the communication to be made, if it appears to him that the mode of construction or condition of the drain is such that the making of the communication would be prejudicial to the drainage syste,m, and for the purpose of examining the mode of construction and condition of the drain he may, if necessary, require it to be laid open for inspection. (3) The Chairperson may, if he thinks fit, construct such parts of the work necessary for having a private drain made to communicate with a municipal drain, as is in or under a public street and in such a case, the expenses incurred by the Chairperson shall be paid by the owner or occupier of the premises, or as the case may be, the owner of the private drain and shall be recoverable from the owner or occupier as an arrear of tax under this Ordinance. 17~. (1) Where any premises are in the ·opinion of the Chairperson, without suffictent means of effectual drainage and a municipal drain or some place appro~ed by the Chairperson for the discharge of filth and other polluted and obnoxious matter is situated at a distance of not exceeding thirty metres from any part of the said premises he may by written notice, require the owner of the said premises- ' ' (a) to make a drain emptying into such municipal drain or place; (b) to provide and set up all such appliances and fittings as may ap.p~ar to the Chairperson necessary for the purposes of gathering and re~eivmg the filth and other polluted and obnoxious matter from, and conveying the ~ame off, the said premises and of effectually flushing such drain and every lXture connected therewith· (c) t ' 1· or thing used or • 0 remove any existing drain or other app iance . intended to be used for drainage which is injurious to health, . (d) t · . • f an open dram or to Application by Olmen and oc- C\lpien t() dnin into fflunicipaJ drains. Drainage of undrained premises. pro 'd O provide a closed drain in subst1tut1on ° . b t'tution of any cxis~! e such other appliance or thing either newly or i; s~ :~d such other appl!ng appliance or thing or to provide both. a .close ramdrain and other app~ance or thing in substitution of the eXJstm~ _op_en to health; ance or thing, which is or is likely to be m1unous niE OAZ.E1"1'E OF INDIA EXTRAORDINARY • = ====================:::=:-- ~ "-1'"- (t) to provide and set up all rucb appliances and fittings as-=== to the Cbairpenon to be necessary foy the purpose of ia:::~ ~ receivina the wute water from floors and galleries of buildings ~g ~ are wuhed, and conveying the same through spouts, by down-~ en t_hcy ,o u to prevent such waste water from discharging directly c PIPts inside any lower portion of the premises; on streets or (/) to carry out any work to improve or re-model an exis . . which is inadequate, insufficient or faulty. ting drata (2) Where in any case not provided for in sub-section (1) any prem· . the opinion of the Chairperson, without sufficient means of effectQ~e, 10 be may, by written notice, require the owner of the premises- age, (a) to construct a drain up to point to be prescribed in such n ti not at a distance of more than thirty metres from any part of the O cc_ but prcmtSCs• or . • (b) to construct a closed cesspool or soakage pit and drain or d . • • h I k • rams emptying into sue ccsspoo or soa age pit. (3) Any requisition for the construction of any drain under sub-sectio (2) may contain any of the details specified in sub-section (1). 0 New pre­ mises not to be erected without 176. (I) It shall not be lawful to erect or to re-erect any premises in Ne Delhi or to occupy any such premises unless- w drains. Power to drain group or block of premises by combined opcratiOIJS· (a) a drain be constructed of such size, materials and description, at such level and with such faJl as shall appear to the Chairperson to be necessary for the effectual drainage of such premises; (b) there have been provided and set up on such premises such appliances and fittings as may appear to the Chairperson to be necessa for the purposes of gathering or receiving the filth and other polluted ac obnoxious matter from, and conveying the same off, the said premises an of effectuaJly flushing the, drain of the said premises and every fixtur connected therewith . (2) The drain so constructed shaJJ empty into a municipal drain situated at distance of not exceeding thirty metres from the premises; but if no munici drain is situated within that distance then such drain shaH empty into a cess situated ~ithin that distance to be specified by the Chairperson for the purpo 177. (J) If it appears to the Chairperson that any group or 'block of preo· may be drained more economically or advantageously in combination th separately, and a municipal drain of sufficient size already exists or is about t be constructed within thirty metres of' any part of tha.t group or block premises, the Chairperson may cause that group or block of premises to drained by a combined operation. (2) The expenses incurred in carrying out any work untler sub-section (J) respect of any group or block of premises shall be paid by the owners of su premises in such P,roportions as the Chairperson may deter~ine and shall recoverable from them as an arrear of tax under this Ordinance. (3) Not Jess tflan fifteen days before any such work is commenced, Chairperson shall give to each such owner- (a) written notice of the nature of the proposed work, and (b) an estimate of the expenses to be incurred in respect thereof and the proportion of such expenses payable by him. ( ,I\ T • . r block T, he Chairperson may require the owners of such groups 0 premises to maintain the work executed under this section. THE GAZETTE OF INDIA EXTRAORDINARY 5EC· II 59 a drain connecting any premises with a m . . 11s. Where the effectual drainage of such premises and ~niciphal d.rain is ffident for b t is not in the opinion of the Chairperson is ~t erwtsc un­ :;ecijonable ~f drainage in New Delhi, he may, by written' n:/pte! to the 11eral syste111 f the premises, direct- ice a dressed ge the owner o 10 ( ) that such drain· be closed, discontinued or destroyed and th a ecessatY for that purpose be done; or at any ~ork n (b)'tbat such drain shall, from such date as may be specified in the ·ce in this behalf, be used. for filth and polluted water only or for rain noU and unpolluted sub-soil water only: water Provided tbat- (i) no drain may be closed, discontinued or destroyed by the Chai _ ( ) d. . . rper n under clause a except on con 1hon of his providing another drain 50 ually effectual for the drainage of the premises and communicating with :y municipal drain which he thinks fit; and (ii) the expenses of the construction of any drain so provided by the Council and of any work done under clause (a) may be paid out of the New Delhi Municipal Fund. 179, (J) Where the Chairperson either on receipt of an application from the owner of any premises or otherwise i~ of the opinion that the only, or the most convenient means of effectual drainage of the premises into a municipal drain is through a drain belonging to another person, the Chai~rson may by notice in writing require the owner of such drain to show cause within a period specified in the notice as to why an order under this section should not be made. (2) Where no cause is shown within the specified period or the cause shown appears to the Chairperson invalid or insufficient, the Chairperson may by order in writing either authorise the owner of the premises to use the drain or declare him to be a joint owner thereof. (3) An order made under sub-section (2) may contain directions as to­ (a) the payment of rent or compensation by the owner of the premises; (b) the construction of a drain for the premises for the purpose of connecting it _with the aforesaid drain; (c) the entry upon the land iQ which the aforesaid drain is situate with assistants and workmen at all reasonable hours; (~ the respective responsibilities of the parties_ for ~aintaining, repairing, flushing, cleaning and emptying the aforesaid dram. t 186 • Whe~ever it is provided in this Chapter that steps shall or may be taken ~ .the effectual drainage of any premises, it shall be competent to the ;uperson to require. that there shall be one drain for filth and polluted water :th an _entirely distinct drain for rain water and unpolluted sub-soil water or lllun· ~ain water and unpolluted sub-soil water, each emptying into separate icipal drains or other suitable places. 181. For th • ne Chairperson rnay b . e P_urpose of efficient drainage of any premises, 1 ' y notice m writing- (a) • b t en two or more bui)d· require any courtyard, alley or passage ewe ·td' with such 1?gs to be paved by the owner or owners of such but 1~gs d lllateria)s d • d b the Chairperson, an an in such manner as may be approve Y (b) require such paving to be kept in proper repair. Pa.er . of Chairperson to close or limit the' use of private drains in cer­ tain cases. Use of drain . by a person other than the owner. Sewage and rain water drains to ~ distinct. Power of Chairperson to require owner to car· ry out certain works for satisfactory drainage. Appointment of placeS for the emptying of drains and coUectioo of sewage. Connection with water works and drains DOI to be made without per- mission. Buildings, railways and private streets not to be erected or constructed over drains or water works with· out permis­ sion. Rights of user of prop­ eny for aqueducts, li­ nes, etc. THE GAZETTE OF !NOIA EXTRAORDlfl'ARY [P,..RT 11- Collection of Sewage 182. The Chairman may cause any or all of the municipal dra 1 • . ns to c mto, and all sewage to be collected of at, such place or places as he c ~pty suitable: onsiders Provided that no place which has not been before the commenceme t . Ordinance used for any of the purposes specified in this section shall ~t of th1s commencement be used therefor without the approval of the Cou•n~/r such Provided further that on and after such date as may be appointed b Central Government in this behalf no sewage shall be discharged into an Y' thc course untill it has been so treated as not to affect prejudicially the pu ~t \\ater quality of the water into which it is discharged. n Y and Miscellaneous 183. Without the written permission of the Chairperson, no person shall , h . k , 1or any purpose w atsoever, at any time ma e or cause to be made any C<lflneci' or communication with any drain referred to in section 172 or any water wor;t constructed or maintained by, or vested in, the Council. • 184. (I) Without the written permission of the Chairperson no railway or private street shall be £Oll6tructed and no building, wall, fence or other structure shall be erected on any municipal drain or on any water works constructed or maintained by, or vested in, the Council. (2) If any railway or private street be constructed or any building, wall, fence or structure erected on any drain or water works as aforesaid without the• written permission of the Chairperson, the Chairperson may remove or otherwise deal with the same as he may think fit. (3) The expenses incurred by the Chairperson in so doing shall be paid by the owner of the private street or of the building, fence, wall or other structure or, as the case may be, by the railway administration or the person offending and shall be recoverable as an arrear of tax under this Ordinance. 185. (I) The Chairperson may place and maintain aqueducts, conduits and lines of mains or pipes or drains over, under, along or across any immovable porperty whether within or without the local limits of the Council without acquiring the same, and may at any time for the purpose of exa1~ining, repairing, altering or removing any aqueducts, conduits or lines of m?ins or pipes or drains, enter on any property over, under, along or across which th~ aqueducts, conduits or lines of mains or pipes, or drains have been P1?ccd. Provided that the Council shall not acquire any right other than a right of u~er • h • d ·t or hne m t e property over, under, along or across which any aqueduct, con ui of mains or pipes, or drain is plar.cd. . bl • respect (2) The powers conferred by sub-section (I) shall not be exerc1sa e in f the of any property vested in the Union or under the .control or management~ ·iy Central Government or railway administration or vested in any local. a_u t ~~on save with the permission of the Central Government or railway admimSlral 1 "S • h y bye·:,\, or the local authority, as the case may be, and in accordance wit an made in this behalf: w . . . epair renc Provided that the Chairperson may, without such pcrm1ss1on, r • ... ••• .., V<"\L,L:' , 1.: OF IN01A r:x SEC· l] TRAORDINARy _--::;::::::::= 61 end any existing works of which the h or am • 1 c aracter . . d if such repair, renew a or amendment . or P<>s1tion is alt~~~ain without interruption the supply of ~:tgenu~ necessary inn:: to be ma ge or is such that delay would be dan er, drainage or Cone t~er to sewa gerous to health h c ton of property. , uman life or (J) In exercise of the powers conferred . 11 I• 1 upon him b h' Chairperson sha cause as itt ~ damage and inconvenie y t is section, the d shall make full compensation for any damage . n.ce as ~ay be possible an or inconvenience • him. caused by 186• (J) If it appears to the Chairperson that the onl eans of water supply to, and drainage of any _Y or _most convenient m • d • , premtSes 18 b 1 . carrying any pipe or rams o~er, under, along or across the im Y P acing or Of another person, the Chairperson may, by order . . . movable property • l In wntmg auth . owner of the premises to 1> ace or carry such pipe or drain ove , . onse the across such immovable property: r, under, along or Provided that before making any such order the Chairp h . h • bl erson s all gwe to the owner of t e immova e property a reasonable opportunity of h . • b "b s owing cause within such time_ as may e prescn ed by bye-laws made in this behalf as to wh the or.der should not be made: Y Provided further that the owner of the premises shall not acquire any · h • h f • h ng t other than a ng t o user m t e property over, under, along or across which an such pipe or drain is placed or carried. Y (2) Upon the making of an order, under sub-section (1), the owner of the premises may, after giving reason a be notice of his ir.tention so to do , enter upon the immovable property with assistants and workn~en at any time between sunrise and sunset for the purpose of placing a pipe or dr~in over, under, along or across such immovable property or for the purpose of repairing the same. (3) In placing or carrying a pipe or drain under this section, as little damage as possible shall be done to the immovable property and the owner of the premises shall- (a) cause the pipe or d~ain to be placed or carried with the least practicable delay; (b) fill in re-instate and make good at his own cost and with the least practicable d~lay , any land opened, broken up or removed for the purpose of placing or carrying such pipe or drain; and f h • able property and to (c) pay compensation to the owner o t e rmrnov . . b • f the placing or carrying any other person who sustains damage Y reason ° 1 of such pipe or drain. ( nder along or across • 4) If_ the owner of the immovable prope~y, over, ~is s;ction whilst su~h ~hich a pipe o~ drain has been placed or ca~ned under t an building on such immovable property as not built upon, desires to erect . y the owner of the property, the Chairperson shall, by notice in writi~g,_ reqmhre anner as shall be Pre • • • d n m sue rn nuses to close remove or divert the pipe or rai d the immovable approved by hi~ and to fill in re-instate and make goo . d over under, Pro ' b laced or carne ' perty as if the pipe or drain had not een P along 0 r across the same: . h opinion of the P • • b de unless in t e d rov1ded that no such requisition shall e ma t' on of the propose Cha" • f the construe I d b closed b • 1 ~erson it is necessary or expedient or . c or drain shoul e ' Utlding or the safe enjoyment thereof that the pip removed or diverted. Power of owner of premises to place pipes and drains through land belonging to other per- sons. Power to rt• quirt railwlY leffl, etc,, to be raised or lowered, Power of Chairperson to execute work after giving noti~ to the penoa liable. Po~r of C~airpcrsoa to affix shafts, etc. for vearib­ tion of drain or cesspool. Po~r of Chairperson to examine and test drains, etc., believed to be defective. Bulk receipt of water and delivery of sewage by the Council . 62 THE GAZETIE'OF JNDIA EXTRAORDINARY {P "•t IJ...., 187. If the Council places or carries any pipe or drain or~ work connected with the water supply or drainage acros.. any r . 1 lay 0lhc may, Vtith the sanction of the Central Government and at the co~ way line, i~ Delhi Municipal Fund, require the railway administration to raises of 1hc Ne.,. level thereof. . or lower the 188. (1) When under the provisions of this Chapter any pe required or is liable to execute any work, the Chairperson may i rson lllay be with the provisions of this Ordinance and of any bye-laws mad; : t~~COrdance cause such work to be executed after giving such person an op is ~half, executing the same within such time as may be specified by f rtu1111y of purpose. un for this (2) The expenses incurred or likely to incurred by the Chairperson . •execution of any such work shall be payable by the said person and th Ill the incurred by the Chairperson in connection with the maintenance of su:h e~penses the enjoyment of ameni.lies and conveniences rendered possible bY. su ~Ork or shall be payable by the person or persons enjoying such am.enit~ work conveniences. ics and (3) The expenses referred to in sub-section (2) shall be recoverable 6- pcrson or persons liabl~ therefor as an arrear of tax under this Ord' om the inancc. 189. For the purpose of ventilating any drain or cesspool, whether vested . Council or not, the Chairperson may, in accordance with bye-laws made . h1.n • ffix th 'd In t IS behalf, erect upohnafany pr~m1ses or a to e ouh~1 e of any building or 10 any tree any such s t or pipe as may appear to 1m to be necessary. 190. (1) Where it appears to the Chairperson thal there are reasonable grounds for believing that a private drain or cesspool is in such condition as to be prejudicial to health or a ·nuisance or that a private drain communicating directly or indirectly with a municipal drain is so defective as to admit sub-soil water, he may exa.mine its condition, and for that purpose may apply any test, other than a test by water under pressure, and if he deems it necessary, open the ground. (2) If on examination the drain or cesspool is found to be in proper condition, the Chairperson shall, as soon as possible, re-instate any ground which has been opened by him and make good any damage done by him. 191. (J) The Council shall receive bulk supply of water from, and deliver in bulk all the sewage to, the authority prescribe by the Central Government. (2) The Cou11cil shall be e~titled to receive bulk supply of water from, and to deliver in bulk all the sewage to, the authority prescribed under Sub-Section {l) subject to suc.1 charges for the supply of water in bulk to the Council and the collection of sewage of the area of New Delhi as may be determined by means of an agreement entered into between that· other authority and the_ Council. The agreement mentioned in this sub-section shall provide also for a stipulation therein that in case of any dispute about the payments to be made to that other aut~ority by the Council, the matter shall be referred to the Central Government whose decision thereon shall be final and binding on both parties. 11-IE GAZETTE OF INDIA EXTR AORDJNARy 63 ' Central Government may for reason t be - ~ -'fbe . • l l o record d 1,,.. ork repair, renewa or rep acement wh. h . e , dirett th 5pecifie~:un~ under this Chapter, shall be carnedcou~ to be undertaken~ any for the tral Government and the Council shall on behalf of the Co Y or b)' the ~~ubject to the terms for the time being :;\~h~ ch~rges therefor 1:: 1 rates an d by that Government on behalf of a 1P a le m the case of w L~ tructe ocat autho 'ty oru c00S (1) No person other than a licensed plumb n • 19~· ed in this Chapter and no person shall pe:• shall execute any work descnb d except by a licensed plumber: it any such work to be ~ecute vided that if, in the opinion of the Chairpe fr0 • • • . . rson, the work • be may grant pemuss1on m wntmg for the e . IS of a trivial na::;• other than a licensed plumber. xecutton of such work by a pe 2 Every person who employs. a licensed plumber t () . f • h h . o execute an k SO required, urms to t e Chairperson the n Y wor shall when . ame of such plu be ' 3 When any work IS executed except in accordance • m r. [Jection (1), such work shall be liable to be dismantl wd 1th the p~ovisions of siw-s • h • d' e at the d•~~ t' Chairperson wit out preJu 1cc to the right of the Co .1 ..,.,,e ion of the . unc1 to proscc t h . Ordinance the person . at whose mstance such work h b u e under t IS . • as een executed (4) The CounCJI may make bye-laws for the guidance of licensed • copy of all such bye-laws shall be attached to every Ii plumbers and \mber by the Council. cence granted to a p ·1 fr • • (S) The Counc1 may, om time to time, prescribe the charges to be aid to licensed plumbers for any work done by them under or for any of the p: ses of this Chapter. rpo (6) No licens~d plumber shall, for any work referred to in sub-section (S) demand or receive more than the charges prescrfued therefor, under that sub~ section. (7) The Council shall make bye-laws providing for- (a) the exercise of adequate control on all licensed plumbers; (b) the inspection of all works carried out by them; and (c) the hearing and disposal of complaints made by the owners or occupiers of pr_emises with regard to the quality of work done, material used, delay in execution of work, and the charge made, by a licensed plumber. (8) No licensed plumber shall contravene any of -the bye-laws made under this section or execute carelessly or neglig~ntly any work under this Ordinance or make use of bad materials appliances or fittings: (9) If any licensed plumber contravenes sub-section (8), his licence may be suspended or cancelled whether he is prosecuted under this Ordinance or not. Employment of Govern­ ment •ien• cies for re• Plin, etc. Work to be done b lice111ed y plumber. 194. (1) No person shall- Prohibition (a) wilfully obstruct any person acting under the authority of the Council, or the Chairperson, in setting out the lines of any works or pull up_ or remove any pillar, post or stake fixed in the ground for the purpose of settmg out lines of such work, or deface or destroy any works made for the same purpose; or (b) wilfully or negligently break, injure, turn on, open, close, shut off or otherwise interfere with any lock, cock, valve, pipe, meter or other work or apparatus belonging to the Council; or • (c) unlawfully obstruct the flow of or flush, draw off, or dive~, or take water from any water wofk belonging to the Council; or of certain acts. 64 lliE GAZETTE OF INDIA EXTRAORDINARY (d) unlawfully obstruct the flow of, or flush, draw o take sewage from any sewage work belonging to the Council damage any elcctrical transmbsion line maintained by the Co (e) obstruct any officer or other employee of the discharge of his duties under this Chapter or refuse or wilfully furnish him with the means oecessuy for the making of any tion, examination or inquiry thereunder in relation to any water work; or (fl bathe in, at or upon any water work or wash or Uml>wlll to enter therein any animal, or throw any rubbish, dirt or filth water work or wash or clean therein any cloth, wool or leather of any animal, or cause the water of any sink, or drain or any st or boiler or any polluted water to tum or be brought into any w1111i~ or do any other act whereby the water in any water work is likely to be fouled. (2) Nothing in clause (b) of sub-section (1) shall apply to a closing the stopcock fixed on the service pipe supplying water to lilt mises so long as he has obtained the consent of any other consum supply will be affected thereby. CHAPTER XII ELECTRICITY SUPPLY Functions ill relation to electricity supply. 19S. (1) It shall be the duty of the Council to develop and main efficient, co-ordinated and economical system of electricity supply i Delhi area under its jurisdiction and for that purpose to take ste time to time­ Additional functions relation elec.1rici1y supply. ( a) acquiring supplies of electricity and its distribution to sumers; (b) for preparing and carrying out in accordance with rules m this behalf schemes for distribution of electricity. (2) In the discharge of its functions in relation to electricity supply Council shall, as far as practicable. (a) promote the use of all economical methods of transmitting distributing electricity; (b) secure the development of supplies of electricity; (c) secure the extension of supplies of electricity to such supplies; (d) promote the standardisation of systems of supply and types electrical fittings; (e) promote the simplification and standardisation of methods charge for supplies. of electricity. 196. (1) The Council may take steps to manufacture, purchase, sell or in on hire on the execution of a hire purchase agreement or otherwise, 10 electrical machinery, control gear, fittings, wires or apparatus for lighti heating, cooling or motive power or for any other purpose for which cl tricity can or may be used, or any industrial or agricultural machine operated by electricity, and to install, connect, repair, maintain or renio such machinery, control gear, fitting, wires or apparatus and in respe thereof demand and take such remuneration or rents and charges and mak such terms and conditions as it deems fit . (2) The Council may also maintain shops and show rooms for the display. sale or hire of machinery, control gear, fittings, wires or apparatus aforesaid, conduct displays, exhibitions and demostrations thereof and gene ally do all things, includi.ng advertising incidental to the sale or hire of s THE GAZETTE OF INDIA EXTR :::::::::::::::;::::=::::A:O~R~Dl~NA:R~Y~::::::::::::::::::::::::,~ sec· 11 65 control gear, fittings, wires and apparatus ,chiJlelY• pt of the use of electricity. and to the Prom . Ill 11 ragerne ot1on and e0CO ys received and expended in connect· . (3) t.fdo~: sub-sections (J) and (2) shall be show:n wtth additonal funcf specific a . . . separately in the tons b·ect to the prov1~1on of this ordinance th C . accounts. ,.,, Su J d 'ts • • di • ' e ouncal h ll . 1,,. YI pelhi areas un er .1. JUns chon have all the w s a m respect of (be_ ~:see under the Electnci~y Act; 1910, and this ch~te:~ and obligations of • liCC ucenCC' of the Council for the purposes of th ~all be deemed t be the at ordinance: o 'ded that nothing in sections 3 to 12 of or in Cl provtl to that Act relating to the duties and obligati auscs I to IX of the 5cbedu e h' Council. ons of a licensee shall apply to t e 98 (l) No building, wall or other structure shall be ne 1 1 . • r railway shall be constructed over, or in such a m w Y erected_ and no ~eel O y work constructed or maintained for the purposes ~n:r as to _interfere Vllth• 1 anwith the written permission of the Chairperson ° t e electnc supply exceP • (2) The Chairperson may cause any building, wall or other struct • d • . urc erected or any str~et or ra1~wa~ ~~tr~~te 1: ~ntravenhon of sub-section (1). to b; removed or otherw~ bea hwat as e . ccms fi~, and the expenses incurred therefor shall be paid y t e person or_ authn.nty responsible and shall be recoverable fro~ such person or authonty as an arrear of tax under this Ordinance. 199, (1) The Council may enter into an agreement with any licensee within or outside New Delhi in regard to the purchase of electricity and price thereof and within New Delhi in regard to sale and price thereof or in regard to operation or control of any _gene~ating, station ?r main. transmission line and notwithstanding anything contamed IP any law or IP any iacence, memorandum of association or other instrument regulating the constitution and powers of the licensee, it shall be lawful for the licensee to enter into and carry out any agreement. (2) In entering into an agreement under this section the Council shall not show any undue preference to any licensee. 200, Subject to the provisions of any law for the time being in force, charges shall be leviable for the supply of electricity by the Council at such rates as may, from time to time, be fixed by the Council. 201. (1) The Council shall receive bulk supply of electricity from the authority which may be prescribed by the Central Governmant. (2) The Council shall be entitled to receive bulk supply of electricity from that authority prescribed by the Central Government subject to sue~ terms and conditions as may be determined by means of a contract ent~red !nto betw~e: th•t other authority and the Council. The contract mentioned in th'5 sub-sectto shall provide also for a stipulation therein that disputes between that ~the~ authority and the Council in regard to any matter relating to the bulk supp J 0 tlcctricity to the Council shall be referred to the Central Government w ose decision thereon sha!l be final and binding on both parties. Cou11Ci1 to have~ ',Dd obliga. boas of liceasee lllldct Act 9 of 1910. Rtstrictioa oa building and other acts iatel'fer­ ing 11ith the worb of electric supply, Power of CoWICil lo make If· rangements with licen- sees. Charges for supply of electricity. Bulk rteeipl of electricity by the Council. Vesting of public streets in the C.ou.ocU. Functions of Oiairman in respect of public streets. Disposal of land forming site of public streets per­ manently closed. Power to make new public streets. THE GAZETTE OF INDIA EXTRAORDINARY CHAPTER XIIl STREETS Construction, mainJt"'!"ct and improvement of 202. (1) All streets within New Delhi which are or at any tun streets and the pavements, stones and other materials thereof Council: (2) AJI public streets vesting in the Council shall be under the CG'ltrol Chairperson and shall be maintained, controlled and regulatedf~ accordance with the bye-laws made in this behalf. 203. (1) The Chairperson shall, from time to time, cause all p vested in the Council to be levelled, metalled or paved, channelled repaired, and may widen, extent or otherwise improve any such s li~M.la the soil thereof to be raised, lowered or altered or may place and k fences and posts for the safety of foot passengers: Provided that no widen.ing, extension or other improvement of a pu the aggregate cost of which will exceed one lakh rupees, shall be und the Chairperson except with the previous sanction of the Council. (2) With the previous sanction of the Council, the Chairpe permanently close the whole or any part of a public street: Provided that before according such sanction the Council shall b published in the manner specified by bye-laws give reasonable oppo the residents likely to be affected by such closure to make sugg objections with respect to such closure and shall consider all such sugg objections which may be made within one month from the date of pub • the said notice. 204. Whenever any public street or a part thereof is permanently clos sub-section (2) of section 203 the site of such street or of the portion may be disposed of as land vesting in the ~ouncil. 205. The Chairperson may at any time with the previous sanction Council,- (a) lay out and make new publi~ streets; (b) construct bridges ~d sub-ways; (c) tum or divert any existing public street; and (d) lay down and determine the position and direction ~f a str streets in any part of New Delhi nQtwithstanding that no proposal fo erection of any building in the vicinity has been received. - THE GAZETTE OF INDIA EXTRAORDINARY ~ ~ tf· .:~rson shall, from time to time UNth th Cbiwr f d'ff ' .. , c saner o6 fbe . 'JJ1UID width o 1 erent classes of new publi ion of coun .1 2 -~ tbe 111•!~e traffic likely to be carried thereon and ~ streets aceording~ , ~ature of one or bot~ ends, t~c localities in which thee streets. With Whic; ~e ~in at bicb buildings abutting thereon may be Y are .situated th ~~y hts up. to w erected and other si~ila: i,e1S. erattoOS· ~1151d The Chairperson may- 207, (1} • robibit or regulate with the sanction of th C . (a) .P any public street or any portion thereof so e ouncil, vehicular trafficct•\n .or inconvenience to the public or to e as to prevent danger, bstrU • • • nsure decong r o h {low or quietness m any locality; es 10n or s111o<>t (b) prohibit or regu.late in respect of all public streets or . . street the transit of any vehicle of such form ' an~ particular pub~C or laden with such heavy or unwieldly obj~ COnSlructton weight or sizeinJ·ury to the road-ways or any construction the: may be likely to cause • od on, except unde uch conditions as to ~~e, m e of traction or locomotion r 5 ranees for the protection of roadways, number of lights d ' ~se of ap~ 1 0ther general precautions and upon the payment of ~ :S15tants an be specified by the Chairperson· generally or speciallsyu: c ahrges as 01ay m eac case· and ' (c) prohibit ~r regulate a~ss to premises from any particular ublic street carrying high speed vehicular traffic: P Provided that the Chairperson shall not take action without sanction of the Council in cases under clauses (a) and (c). (l) Notices o~ such prohibition as are imposed under su~-section (1) shall be pasted in conspicuous places at or near both ends of pubhc streets or portions thereof to which they relate, unless such _prohibition applies generally to all public streets. 208. (1) Subject to the provisions contained in Chapter X,. the Chairprson may, with the approval of the Council- (a) acquire any land required for the purpose of opening, widening, extending or otherwise improving any public street or of making any new public street, and any building standing upon such land; (b) acquire in relation to any such land or building, all such land with buildings, if any, thereon as the Council may think expe­ dient to acquire outside of the regular line, or of the intended regular line, of such street; (c) acquire any land for the purpose of laying out or making a public parking place. 209, _(1) The Chairperson may define a line on one or both sides of any. public Slree.t m acordance with the bye-laws made in this behalf and may, with _the previous sanction of the Council, redefine at any time any such regular lme: Provided that, before according sanction the Council shall by ~ublic notice aff or_d reasonable opportunity to the residents or premises abutting on such Pllblic street to make suggestions or objections with respect · to the p~op~sed ~fined line of the street and shall consider all such suggestions. or .0bJechons "~icb may be made within one month from the date of the pubhcahon of the Slid notice· . . Minimum width of new public street.,. Po'Wtr to prohibit Ot regulate IISe of public streets for certain kind of traffic. Power to ac­ quire lands and building, for public streets and for public parking places. Defining the regular line of streets. (16 of l!U) Senioi back buikb& IO re,ular line of ttrcct. uu n,_ Provided further that the regular line of any pub • f N D lhi • trcc1 o any law in force ID any part O cw c unmcdiatcJy bet pc,-ti"c ment of this Ordinance shall be deemed to be I li ore lhc conun ullde, Chairperson under this sub-section. oc dc~llCd b clltt. (2' The line for the time being defined or redefined h Y IJic , . saub regular line of street. c caJlcd th (J) No person shall construct or reconstruct any but1dio c thereof or any boundary wall or other structure whatsocvc ~ or a Po . • h th J f r Within ,L n10Q line of a street except wtt e approva o the Council. ~c rc&til Provided that if within sixty days after the receipt of appJ' . ar person for permission to construct or reconstruct a bounda tcatioo fro111 a thereof the Chairperson fails to take steps to acquire thery ;a11 or Pon;r regular' line of the street in the accordance with section 212 th d '1ithin l}J o. th • • f ,L:. Ord· ' en that c may subject to any o er provtS1ons o um mancc and th b J)crso0 ther;under, proceed with the work of construction or recons~~~·la-ws llladc boundary wall or portion thereof. •on of SUch (4) When the Council grants permission for the construction tion of any building or any boundary wall or other structure with ?1 recons1nic. line of a street, it may require the owner of the building t~n th c regular • • hi If d h' • • execute agreement b1ndmg mse an IS succcssors-m-mtcrest not to claim ao. tion in the event of the ~uncl! at ~y time lherea~ter calling upon ~lllpcnsa. of his successors by wntten notice to remove any work carried or any pursuance of such pcrmissfon and to pay the expenses of such remo f~t !o. default, such removal is ca~~ out by the Cou~cil ~~ may for Iba/au if, 111 reql!ire such owner to depoSlt m the New Delhi Mumc1pal Fund such p tposc may be determined by it. sum aJ (5) The Chairperson shall maintah,- (a) a register containing such particulars as may be specified by h' in this behalf with plans attached thereto showing all public streets 1 ~ respect of which the, regular line of the street has been defined ~n redefined and containing any other particulars which the Cbairpenon ma; deem De«$sary; (b) a register of aU agreements executed under sub-section (') and of all deposits made thereunder. ( 6) All such registers shall be open to inspection by any person on payment of such fee as may be prescribed by the Chairperson with the sanction of Council. (7) Any agreement entered into in pursuance of sub-section (4) shall be in writing, shall be registered under the Registration Act, 1908, and shall be deemed to be an agreement in respect of the land to which it relates and any condition contained in such agreement shall be deemed to be an · obligation annexed to the ownership of the said land and enforceable against the successors-in-interest of the owner of such land. l)O:. (1) If any part of a building abutting on a public street is witbill the regular line of that street, the Chairperson may, whenever it is proposcd- {a) to repair, rebuild or construct such buildlllg or to take down such building to an extent exceeding one-half thereof above the ground level, auch half to be measured in cubic metres; or (b) to repair, remove, construct or reconstruct or mue any ad~tio°,1 to, or structural alterations of, any portion of such buildinJ which tS within tbe regular line of the street; by any order which be issues concerning the addition to, rebuilding coosl1'C- TI-IE GAZETTE OF INDIA EX TRAORDINARY repair or alterations of, such building re • 69 uoll, regular tine of the street. ' qutte SUcb building to be 10 the set back When any building or any part thereof with' (2jt falls down or is burnt down or is, whether by~;he regular line of a publi streothefWise, taken _down, the C_hairperson may fo~ o~der of the Chairpcrso: or h If of the Council of the portion of 'the land w'th' With take po~cssion o be \ therefor occupied by the said building and ~ ID the regutar line of th: siree , necessary, clear the same. (J) Land acquired under this section shall be dee d street and shall vest in the Council. me to be part of the public 211. (1) Where any building or any part thereof is 'th' ubiic street and in the opinion oJ the ~hairperson it ; n~e regular line of a P ildiog or part thereof to the regular hne of the street h ry to set ~ack the bu . d • h h . . e may by nor the owner U1 accor ance Wit t e prov151ons of th1S' 0 d' ' 1cc served on • h' h • d r mance requi h' to show cause wit mthsuc pef nh~ h~ m.aY. be specified in the noti~ as te unh such building or part ereo w ic IS within the regular line of th o w y ot be pulled down and the land within the regular line e ~treet should ~airperson on behalf of the Council. acquired by the (2) If such owner ~ails to show cause as required by sub-section 1 Chairperson may require the owner by another notice to be se d ( ~ t~e • h h • • f h' O • rve on him m accordance with' th ~ pr~;~•o:s o t llS 1· rdmance, to pull down the building or part thereof w 1c 1s wit m t e regu ar me of the street within such 'od . specified in the notice. pen as is (3) If within such period the. owner of the building fails to pull down the building or part thereof as required by the Chairperson, the Chairperson ma pull down the same and all the expenses incurred in so doing shall be paid b; the owner and recoverable from him as an arrear of tax under this Ordinance. (4) The Chairperson shall at once take possession on behalf of the Council of the portion of the land within the regular line of t~e street occupied by the said building or part thereof and such land shall thereupon be deemed to be part of the public street and shall vest in the Council. 212. If any land, whether open or enclosed, not -vesting in the Council and not occupied by any building is within the regular line of a public street or if a platform, verandah, step, compound wall, hedge or fence or some other structure external to a building abutting on a public street or a portion of such platform, verandah, step, compound wall, hedge, fence or other structure is within the regular line of such street, the Chairperson may, after giving to the owner or the land or building riot less than . seven clear days' notice of his !ntention so to do, take possession on behalf of the Coun~il of the said land with its enclosing wall, hedge or fence, if any, or of the said platform,. verandah, step, compound wall, hedge, fence or other structure or ~r any porllon thereof which is within the regular line of the public street and, if necessary, clear the ~ and the land so acquired shall thereupon be deemed to be a part or the publ1t street and shall vest in the Council: Pr ..:..1 • • • ed • the Union or a State the 0,,ucd that where the land or bu1ld1ng IS vest 10 • f Cliiirpcrson shall not take possession thereof without the previous sanction ° the Central Government or the Goverment, as the case may be. • Compulsory setting bad: of building to regular line of street Acquisition of open land and land oc­ cupied by platform, etc., within the regular line of street. Acqultitloll o( die re­ llWIIIII& pert o( • blllldln& 111d 11.0d If. ter their por­ Ciona within a replar line Of llreet llave been acquired. Settln& for• ward of buildlnp to the replar line of street. Compcnsa• tion to be paid UI CC!• taiD cases of ICttiD& baclc or 1etting farward of buildings, de. ,0 lliE OAZETI'E OF INDIA EXTRAORDINARY 213. (1) Where ~ land _or b~ding is partly within ~e regular line of 1 street and the Cbamnan II satisfied that the land rcmaming after the . the portion within the said line will not be suitable or fit for any be e:i he may, at the request of the owner, acquire such land in addition ~e 1 within the said line and such surplus land shall be deemed to be 8 ° public street and shall vest in the Council. pan (2) Such surplus land may thereafter, be utilised for the purpose f forward a building under section 214. 0 114. The Chairperson may, upon such terms as be thinks fit all building to be set forward for the purpose of improving the regul~ • public street and may, with the approval of the Council, by notice req . building ~o be set forward in the case. of reconstruction thereof or 0~ 1 construction. Explanation-For the purpose of this section a wall separating any p from a publie street shall be deemed to be a building, and it shall be dc:e sufficient compliance with permission or requisition to set forward a build' the regular line of a street if a wall of such material and dimensions approved by the Chairperson is erected along the said line. 21S. (1) Compensation shall be paid by the Chairperson to the owner 0 building or land acquired for a public street under the provisions of sections 211 and 212 for any loss which such owner may sustain in consequence 0 building or land being so acquired and for any expense incurred by such 0 in consequence of any order made by the Chairperson. Provided that- (a) any increase or decre~ in the value of the remainder of property of which the building or land so acquired formed part, likel ~ccrue from the setting back to the reg1.1lar line of the street shall be t into consideration and allowed for in determining the amount of compensation; (b) if any such increase in the value exceeds the amount of l sustained or expenses incurred by the owner, the Chairperson may reco from him half the amount of such excess as a betterment charged. (2) If in consequence of any order to set forward a building made by Chairperson the owner of such building sustains any loss or damage, compe_n tion shall be paid "to him by the Chairperson for such loss or damage after t • into account any increase in value likely to accrue from the setting forwa (3) If the additional land which will be· included in the pr.cmises of any pc required or pennitted under sub-section (2) to set forward a building belongs the Council, the o,rder or pennission of the Chairperson to set forward t building shall be a sufficient conveyance to the said owner of the said land; the price to be paid to the Council by the owner for such additional land the other terms and-conditions of the conveyance shall be set forth in the ord or permission. (4) If, when the Chairperson requires any building to be set forward, und section 214 the owner• of the building is dissatisfied with the price fixed to · paid to the Council or with any of the terms or conditions of conv~y~ncc, t Chairperson shall, upon the application of the owner at any fi~e wathm fi.ftee days after the said terms and conditions are communicated to.him, refer the c THE UAL.l!TrE OF INDIA EXTRA 0RDJNARy 5,c. II 71 .....,ination of the court of the district J'udg f dete.... I e o Delhi h for (bell shall be fina • w OSc decision there<> Private streets h owner of any land utilises, sells, leases O t 6 If t e • f b 'Id' u or otheru,; •• d' %1 , f r the construction o u1 mgs th~reon he sh 111 • "~ 1sposcs of st1cb tand ieets giving access to the plots into which ~ i8Y down and make a stretl or s cting with an existing public or private strecet and may be divided d connc • aJI (l) Before utilising, selling or otherwise deaJin 'th l~7• 216, the owner thereof shall send to the h: any land under secn~11 • with a layout plan of the land showing the f r~n 8 written appbcauon o owing Particulars aJJleJy:- • h' h h l • ' 11 ( ) the plots mto w 1c t e and is proposed t b . . ~tion of buildings thereon and the purpose or p/rpo e dttdcd for the erv" b d· scs ,or which h buildings are to e use , • sue (b) the reservation or allotment of any site for any tr • d h l k s eet, open space park, recreation groun , sc_ oo .' mar et or any other public purpose • (C) the intended level, direction and width of street • or streets· (d) the regular line of street or streets; ' 'e) the arrangment to be made for levelling, paving metaii· 1 . ,, . dr. . . , mg, paggmg channelling, sewenn~, a1~mg, conservmg and lighting street or streets'. (2) 1be provisions of tbJS Ordmance and the bye-laws made thereu d 'dth of the public streets and the height of buildings abutting ther°e er ash toll WI f t ~ d t • b . on, s a apply in the case o stree s !e,erre o m su. -section (J) and all the particulars 'erred to in that sub-section shall be sub1ect to the sanction of the Co .1 ~ It , ~a . (3) Within sixty ~ays after the rec~1pt of any application under sub-section (J) the Council shall either accord sanction to the layout plan on such conditions a be _may think fit or disallow it or ask for further information with respect to / (4) Such sanction shall be refuscd- (aJ if the part_iculars shown in the lay-ou~ plan w?uld conflict with any arrangments which have been made or which are tn the opinion of the Council likely to be made for carrying out any general scheme of development of New Delhi whether contained in the master plan or a wnal development plan prepared for New Delhi or not; or (b) if the said lay-out plan does not conform to the provisions of this Ordinance and bye-laws made thereunder; or {c) if any street proposed in the plan is not designed so as to connect at one end with a street which is already open. (5) No person shall utilise, sell or otherwise deal with any land or lay-out or make any new street without or otherwise than in conformity with the orders of the Council and if further information is asked for, no step shall be taken to utilise, sell or otherwise deal with the land or to lay-out or'make the street until orders have been p~ed upon receipt of such . information: Provided that the passing of such orders shall not be in any case_ delay~d f~r more than sixty days after the Council has received the infonnahon which 11 considers necessary to enable it to deal with the said application • . (6) The lay-out plan referred to earlier in this section, shall be prepared by an architect. • • 217 .211• (/) If any person lays-out or makes any street referred to 10 secli~n walbout or otherwise than in conformity with the orders of the Council, /~ ~rson may, whether or not the offender be prosecuted under Ordinance, by notico-- (a) require the offender to show cause by a written statement signed Ow11tr'1 ol,U. Ptioa wbeo ~ with ~IQd II buiJd. 'll& lites. Lay'()Qt plan, - Alleratioa oc demolitioe of atmt made ia bred of sectloll 217. ..... Power ~ CllairpcncMI 10 order worl: t0 be carried out or to cany it out b11111elf in default. Power of the Council to dedare pub­ lic street. n TH OA7Jl1'TB OP IJ'IIDIA BXTkAORl>lNAJlY by him 1nd aent to the Cb1lrpenoo oa or before ~ apocltled In the notice, why 1ucb 1treet lbould DOt be~ ., 11tl,f1cdon of the Chairperson or ll 1ucb alteratioa be lm~ted IUcb atreOt lbould DOC be demou.bed; or Cl (b) require the offender to appear before the Cbairpc pcl'IOll1l1Y or by • duly 1utborbcd -,cat oa IUCb day and at l\lc~ piece u may be apoclticd In the notice and show cause 11 ,ro (2) l( uy pcnon on whom such notice is served fails to show cause satisfaction of the Chairperson wby such street should not be so al demolished, the Chairperson may pass an order dircctin, the alterna . demolition of such street. 219. (1) If any private street or part thereof is not levelled, paved m flagged, chanclled,· sewered, drained, conserved or lighted to the satW Qiairperson, be may by notice require the owners of such street or part owners of the lands and buildings fronting or abutting on such street or carry out any work which in his opinion may be necessary, and within sue as may be specified in such notice. (2) It such work is not carried out within the time specified in the noti Chairperson, may, if he thinks fit, execute it and the expenses incurred paid by the owners referred to in sub-section (1) in such proportion as m determined by the Chairperson and shall be recoverable from them as an of tax under this Ordinance. 220. The Council may at any time, by notice fixed up in any street o thereof not maintainable by the Council, give information of its intenti declare the same as a public street and unless within one month next after notice has been so put up, the owner or any one of the several owners of street lodge objections thereto and the same have been duly considere disposed of, the Council may, by notice in writting, put up in such street or part, declare the same to be a public street vested in the Council. Right of owner to re­ quire streets to be de• dared public. 221. If any street bas been levelled, paved, metalled, flagged, chann sewered, drained, conserved and lighted under the provisions of section 21 Chairperson may, and on the requisition of a majority of the owners ref~ in sub-section (1) of that section shall, declare such a street to' be a pubbc • and thereupon the street shall vest in the C(>uncil. Encroachments on streets Prohibition of projec- tion, upon 222. (1) No person shall erect, set up, add to, or place against or in fro any premis,~s any structure or fixure which will- streets. etc. 11-f E GAZETTE OF INDJA EXiR AORDJNARy 7.3 ) overhang, jut or project into, or in an (a ct in any way the safe or convenient pass Y way encroach upo oi,stru age of the pubr n, the t« ~~,-stttt' · • . ...,y ·ut or proJect mto or encroach upon an d . (b) ~eet so as in any way to interfere with tle rain or open channel . anY 5drain or ebannel or to impede the inspe ~ or prepcr working inf sUcb ct1on or cl • o Chairperson may by notice require the eans1ng thereof ,1 11te k h . owner or . • (2,. to remove, or to ta_ e sue other action as he ma . ~pier of any premi¢ cture or fixtu~ which has been erected set Y dU'Cct 1n relation to sDY stru in (root of, the said premises in co~trav u~, added to or placed •1151, or . ention of this . ,ga1 the occupier of the Slld premises removes O I SCCtion. (,, 1 If • h h • r a ters anv tru JJ • aceordance wtt sue notice, he shall be entitled -? s cture or fiXtllre Ill was erected, set up or placed by himself to crcd·u~less the structure or fi%tUre r of the premises for all reasonable e;pens .1t mto account with 1be 0"!1e with the notice. es incurred by him in c0mplylllg . . • . {a) Notwithstandm~ a~y thmg contamed in sub-section (l) th Cb . (4/ . 8 written perm1Ss1on, on such terms and on pay e anperson give ment of such , maY ch case thinks fit, to the owner or occupier of the bu.Id' . ,ee as he ill ea • mg abutting on any street - ') to erect an arcade over such street or any portion th f (1 ereo; or ") to put up a verandah, balcony, arch, connecting passag (u • h e, sun-shade .. ,eatber frame, canopy, ownmg or ot er such structure or th· . , ,. mg proJecting from any storey Ol1er or across any street or portion thereof· ' -Provided that no pe~iesion c;h_all be_ given by th~ Chairperson for the erection f arcade in any public street m which construction of an arcade h b G aD "' • th C •r as not een rally sanctioned by e ounc1 . gene (b) The Chairperson may at any time by notice require the owner or occupier of any building to remove a v~randah, bal~~ny, sun-shade, weather frame or the like put up in accordance with the prov151ons of any law and such owner occupier shall be bound to take act.ion accordingly but shall be entitled ;~ compensation for the loss caused to him by such removal and the cost incurred thereon. 223, The Chairperson may at any_ time by notice require the owner of any premises on the ground floor of which any door, gate, bar, or window opens outwards upon a street or upon any land requjred for the improvement of a street in such manner, as in the opinion of the Chairperson, to obstruct the safe or convenient passage of the public along such street, to have the said door, gate, bar or window altered so as not to open outwards. 224, (1) No person shall, except with the permission of the Chairperson granted in this behalf, erect or set up any wall, fence, rail, post, step, booth or other structure whether fixed or movable or whether ·of a permanent or temporary nature, or any fixture in or upon any street or upon or over any open channel, drain, well or tank in any street so as to form an obstruction to, or an encroachment upon, or a projection over, or to occupy any portion of such street, channel, drain, well or tank. (2) Nothing in this section shall apply to any erection or thing to which clause {c) of sub-section (I) of section 229 applies. ill. No person shall, except with the permission of the Chairpe~on and on payment of such fee as h~ in each case thinks fit, place or deposit upon a~y street, o. upon any open channel, drain or well in any street o~ upon any pu~hc place any stall, Chair, bench, box, ladder, bale, building materials or other th~ng Ttbitsocvcr so as to form an obstruction thereto or encroachmen& tbereo • Ground floor doop, etc., not to open outwards on streets. Prohibition of structures of fixtures which cause obstruction in street. Prohibition of deposit, etc., ' of thinp in streets. 74 Power to re• IIIO¥C IIIY· thin, depo­ siled or Cl• posed for Ale in COD• tnvention of this Ordi· nance. Prohibition of the tclhcr• ing of ani- mals and millcing of cattle. (1 of 1871) Precaulions during repair of IIICCIS. Streets DOI to be opened or broken up 111d building materials not to be depo­ sited thcreoa without per• missioll. l Ht UAZElTE OF INDIA EXTRAORDINARY 226. The Chairperson may, without notice, cause to be removed- (a) any stall, chair, bench, box, ladder, bale, building m t . other thing whatsoever, placed, deposited, projected, attach~ enats or pended in, upon, from or to any place in contravention of this O d?r SIJS. r inan (b) any article whatsoever hawked or exposed for sale on an cc. street or in other public place in contravention of this Ordinance Y PUblic vehicle, package, box or any other thing in or on which such &n_d any placed. article is 227. (1) No person shall tether any animal or cause or permit the sa tethered in any public street or public place. me to be I (2) No person shall milk or cause or permit to be milked any cow or buffat in any street or public place. 1 ow (3) Any animal tethered or any cow or buffalow found being~ .milk d aforesaid in any street pr public place may be removed by the Ch~rpe c ~ any municipal officer or employee and be impounded and dealt with un:n :r provisions of the Cattle-trespass Act,• 1871. r t c Provision concerning execution of works in or near to streets 228. (1) The Chairperson shall, so far as is practicable, during the constructi or repair of any public street, or any municipal drain or any premises vested ~n the Council- an (a) cause the same to be fenced and guarded, (b) take proper precautions against accident by shoring up and protect­ ing_ the adjoinint buildings, (c) cause such bars, chains or posts to be fixed across or in any street in which any such wor.k of construction or repair is unde execution as arc necessary in order to prevent the passage of vehicles or animals and avert danger. (2) The Chairperson shall cause such street, drain or premises to be sufficiently lighted or guarded during night while under construction or repair. (3) The Chairperson shall, with all reasonable speed, cause the said work to be completed, the ground to be filled in, the said s.treet, drain or premises to be repaired and the rubbish occasioned thereby to be removed. (4) No person shall, without the permission of the Chairperson or other lawful authority, remove any bar, chain, post or shorting, timber, or remove or extinguish any light set up under this section. 229. (1) No person other than the Chairperson or a municipal officer or other munlcipal employee shall wfthout the wirtten permission of the Chairperson- / 11-{E GAZETTE OF INDIA EXTRAORDINARY d n If' n break up, displace, take up or mak (a) 0 ~nj~I')' to th~ soil or pavement or any W~l.a:: alteraation in, or rJuse anYaterials or thmg fonmng part of any street. nee, P~t. chain or _, 11er 111 b 'ld' • . , or .,...- d nnsit any ui mg matenals 10 any st (b) er- reet; or t up in any street any scaffold or any tem (c) sef any work whatever, or any posts ba- por:'ry erection for the ... ,ro0se o l ~ ' ... , rails boards !""'' __ b way of an enc osure, 1or the purpose f • . or other tbiJlgs_ . y bricks, lime, rubbish or other materialso making monar or p051ung • de nnission granted under clause (b) or clause ( ) m ADY pe inable at the discretion of the Chairperson 0 : : s~b_-scction (1) sbJll t,e ieru;our hours' notice of such termination to the pc giving not less ... n lfl'ent}'· anted ,;son to whom such ui- . • was gr • • ~~~ .th • r4·~· ... Chairperson may, WI out notice, cause to be remo d m 'lb; rred to in clause (b) or c!ause (c) of sub-section (l) v~. :y of the tb~ . 1;/ or set up ~ any street ~th out the permission specifi:d 1 : has been (lep()Sl1 which having been deposited or set up with such pc . . that sul,. secrloll or oved within the period specified in the notic;m~ssiondhas not -- ~~ 1>-s¢ion (2}: so 'ded that nothing in this sub-section shall apply to cases unde 1 (b P:use (c) of sub-section (J) in w~ch an applicatio~ for permissiin c i:~e~ or 'tb such fee as may be prescnbed by the Chairperson in this beh lf b -e wt th 1· t • h. a ut 80 reply bas been sent to e app ican wit 10 seven days from the date of the appiiatiOD, . 230_ (1) Any of the thmgs caused to be removed by the Chairperson under this Chapter shall, unless the owner thereof turns up to take back such thing and 10 the Chairperson the charges for the removal and storage of such thing =~ispOSed of by the Chairperson by public auction or in such other manne; and within such time as the Chairperson thinks fit. (l) The charges for removal and storage and sale of the thing sold under sub­ section (1 ) slaall be paid out of the proceeds of the sale thereof and the balance, il any, shall be paid to the owner of the thing sold on a claim being made therefor within a period of one year from the date of sale, and if no such claim is made within the said period, shall be credited to the New Delhi Municipal Food. Naming and numbering of streets and numbering of buildings 231. (1) The Chairperson may- (a) with the sanction of the Council determine the name or number by which any street or public place vested in the Council shall be known; (b) cause to be put up or painted at a conspicuous part of any building, wall or place at or near each end, comer or entrance of such street or on some convenient part of such street, the name or number by which it is to be known· I (c) cause to be put up or painted on boards of suitable size the name of any public pl~ vested in the Council; (d) determine the number or sub-number by which any premises or pan of such premises shall be known and cause such number or sub• number to be fixed to the side or outer door of such premises or to some place at the entrance of the enclosure thereof. (2J No pcnon shall destroy remove deface or in any way injure or alter any llcb l1l11IC ' ' • mber or SI\). (lr number or sub-number or put up or paint any name or n~ lllltnbcr different from that put up or painted by order of the Chairperson. Disposal of thinp re­ moved Wldcr this Chapter. Naming and numbering of streets. Oialrpen<>n to take steps roe repairing or enclosing dangerous places. Measures for lighting. Prohibition of removal, etc., of lamps. General superintend• cnte, etc., of the Central Government. Definition. 16 nm GAZEITE OF INDIA EXTRAORDINARY Repair or enclosure of dangerous placu 232. (I) If any place is, in the opinion of the Chairperson, for sufficient repair or protection or enclosure, or owing to some work beio "-nt. of on thereupon, dangerous or causing inconvenience to passengers alon g earned or to other persons including the owner or occupier of the said place !: street legal access thereto or to the neighbourhood thereof, the Chairpers~n ° have notice in writing require the owner or occupier of such place to repair may by or enclose the same or take such other step as shall appear to the Ch;. protect necessary in order to prevent the danger or inconvenience arising the~~rrson (2) The Chairperson may before giving any such notice or before the ~Ill . of any such notice has expired, take such temporary measures as he thin~~flod prevent the danger or inconvenience arising therefrom; and any e it to incurred by the Chairperson in taking such temporary measures shx)tnse recoverable from the owner or occupier of the place as an arrear of tax a be this Ordinance. Under Lighting of Streets 233. The Chairperson shall- (a) take measures for lighting in a suitable manner all such p bl' streets and public places as may be specified by him; u •c (b) procure, erect and maintain such number of lamps, lamp posts and other appurtenances as may be necessary for the said purpose; (c) cause such lamps to be lighted by means of oil electricity or such other light as he may determine. 234. (1) No person shall, without lawful authority, take away or wilfully or negligently break or throw down or damage- ( a) any lamp or any appurtenance of any lamp or lamp post or lamp iron set up; in any public street or any public place; (b) any electric wire for lighting such lamp; (c) any post, pole, standard, stay, strut, bracket or other contrivance for carrying, suspending or supporting any electric wire or lamp. (2) No person shall wilfully or negligently extinguish the light of any lamp set up in any public street or any public place. (3) If any person wilfully or through negligence or accident breaks, or causes any damage to any of the tHings described in sub-section (}), he shall in addition to any penalty to which he may be subjected under this Ordinance, pay the expenses of repairing the damage so done by him. CHAPTER XIV BUILDING REGULATIONS 235. Notwithstanding anything contained in any other prov1s1on of this Ordinance, the Chairperson shall exercise his powers and discharge his functions under this Chapter, under the general superintendence, direction and control of the Central Government. 236. In this Chapter, unless the context otherwise requires, the expression "to erect a building" means- (a) to erect a new building on any site whether previously built upon or not; (b) to re-erect- ·- •• ,._ vr INOIA E)CT llAOR.DtNAR.y (i) any building of which n contents above the level of the ~ore than one.half or destroyed; or p tnth have been punc:f the cubical (ii) any building of which do\lfn, bumt f h more tha area o t e external walls above n one-half of h pulled down; or the level of the ,.• e superficial P •nth has be (iii) any frame building of which en of the columns or beams in the more than-half of th down; external Walls hav e number . e been pulled {c) to convert mto a dwelling ho building not originally constructed for uhsc any building or any d b uman hab't • Part of a 50 constructe , su sequently appropriated ~ 1 atton or, if Ori • 1 . 1or any othe gina ly (d) to convert mto more than r purpose; originally constructed as one dwelling uo~te dwelling house a build' . ni only; ing ~e) to cont vert mbtoilda' place of religious worship . buildmg any p ace or u mg not originally or into a sacred constructed for such (f) to roof or cover an open space betw purpose; extent of the structure which is formed by theen wfialls or buildings to the e roo mg or c • ~~; ~~~- (g) to convert two or more tenements in a buildi . lesser number; ng into a greater or (h) to convert into a stall, shop, warehouse factor~ or garage any building not originally construc~:d g~~~:~• stable, or which was not so used before the change; as such (i) to convert a building which when originally con I d . s ructe was legally exempt from the operations of any building regulations c 1 • d · o d' • b I on aine in thlS r mance or m any ye- aws made thereunder or in an th • b 'Id' h' h h d • b Y O er Jaw, mto a u1 mg w 1c ~ 1t een originally erected in its converted form, would have been subject to such building regulations; (j) to convert into or use as a dwelling house any building which has been discontinued as or appropriated for any purpose other than, a dwelling unit. 237. No person shall erect or commence to erect any building or execute any of the works specified in section 239 except with the previous sanction of the Chairperson not otherwise than i_n accordance with the provisions of this Chapter and of the bye-laws made under this Ordinance in relation to the erection of buildings or execution of works. (2) In such areas as may be specified by bye-laws made in this behalf, no roof, verandah, pandal or wall of a building or no shed or fence shall be constructed or reconstructed or cloth, grass leaves, mats or other inflammable materials excepts with the written permission of the Chairperson, nor shall any such roof verandah pandal wall shed or fence constructed or rcconSl~c!cd • ' ' ' ' • h f h perm1ss1on m any year be retained in a subsequent year except wit res obtained in this behalf. b ·1d·ng shall apply for 238. (1) Every person who intends to erect a ui 1 • h . . . • t the Chairperson in sue sanction by giving notice in writing of his intention ° 'bed b b e-laws made form and containing such information as may be prescn Y Y in this behalf. . b uch documents and plans (2) Every such noti~ shall be accompanied Y 5 lS may be so prescribed. Prohibition or building without sane• tion. Erection or building. AppllctllOllf ror tdditl0III 10, « reptl11 or, bulldln,s, Condilions of valid nolice. Sanction or refusal of bµilding or work. 18 rnE OAZE1TE OF fNDJA EXTRAORDINARY [P.\l,f n..... == 139, (]) Every person who intends to execute any of the following wort,s is to say,- , tba (a) to make any addition to a building; (b) to make any alteration or repairs to a building involvj removal or re-erection of any external or partly wall thereof or of a og the which supports the roof thereof to an extent exceeding one-half i Wall wall above the plinth level, such half to be measured in superficial O such . . . metres• (c) to make an~ alteration or repairs to a frame building involving th' removal or re-erection of more than one-half of the columns or po ts . e f t 'd • 1 • h s IQ ;my such wall thereo asfa,or~a1 ; ~rd mvo vmg t e removal or re-erection of any such wall thereo as a,oresa1 to an extent exceeding one-half of such wall above plinth level, such half to be measured in superfi . c1al metres; (d) to make any alteration in a building involving- (i) the sub-division of any room in such building so as to conv rt . t e the same .mto two or more separa e rooms; or (ii} the conversion of any passage or space in such building into a room or rooms; (e) to repair, remove, construct, reconstruct or make any addition to or structural alteration in any portion of a building abutting on a street whlr.b stands within the regular line of such street; (/) to close permanently any door or window in an external wall; (g) to remove or reconstruct the principal staircase or to alter its position; shall apply for sanction by giving notice in ~riling of his intention to the Chairperson in such form and containing such information as may be prescribed by bye-laws made in this behalf. (2) Every such notice shall be accompanied by such documents and plans as m,ay be so prescribed. 240. (1) A person giving the notice required by section 238 shall specify the purpose for which it is intended to use the building to which such notice relates; and a person giving the notice required by section 239, shall specify whether the purpose for which the building is being used is proposed or likely to be changed by the execution of the proposed work. (2) No notice shall be valid until the information required under sub-section (1) and any further information and plans which may be required by bye-laws made in this behalf have been furnished to the satisfaction of the Chairperson alongwith the notice. 241. {l) The Chairperson shall sanction the erection of a building or the execution of a work unless such building or work would contravene any of the provisions of sub-section (2) of this section or the provisions, of section 245. (2) The grounds on which the sanction of a building or work may be refused shall be the (ollowing, namely:- (a) that the building or work or the use of the site for the building or work or any of the particulars comprised in the site plan, ground plan, elevation, section or specification would contravene the aprovisions of any bye-law made in this behalf or of any other law or rule, bye-Jaw or order made under such other law; (b) that the notice for sanction does not contain the particulars or is not prepared in the manner required under the bye-laws made in this behalf; TIIE GAZETTE OF INDIA B X'l'RAOIU)INA R \' (c) that any .information or doCtilllCnta . 79 under this Ord~ance or any bye-laws made fCqUJred by the . t,eeo duly furnished; thereunder bas Cha1rpersoa (d) that ~ cues falling un_der section 216 or ha\'e not sa11ctioocd m accordance With section 217: lay-out plans hav b ild. , e not i..._ (e) that the u mg or work would be 11\;Cn oovernment or Government land or land an encroachment , Veatcd • on Cc'ntrat (/) that the ate or the building or wort does ID the Council; projected staeet and that there ia 00 access not abut on I str trom any IUda st?cct by a passage or pathwa to such building or C: o: (g) that the land on which lt is proposcdy appenaining to such s::. • • • vested • th Ce to erect • building IS m e ntral Government or re-erect su h Council, and the consent of the Governme t or Government or in ~ may' be, of the Council has not been ob: • codnccrn~d or' as the cas: • • dis tc bctw h atne , or if th • land JS 1D pu een sue person and the Co . e title of the ment, or for any other reason, to be comm . un~ or any Govem- h• h • d d umcated ID •• person, w 1c IS ceme to be J'ust and ffi . wntmg to the . su cient as u . building. euectmg such (J) The Chairperson shall communicate the sanction t • ~ven the notice; and where he refuse sanction O O the person who has specified in sub-section (2) or under section 245 h~ a:\ of the grounds statement of bis reasons for such refusal and the Chairpcs a record a brief al 1 • b b rson shall com • cate the refus a ongwlt t e reasons therefore to the pc h m_uru­ . rson w o has given the nobce. (4) The sanction or refusal as aforesaid shall be commun· t d . be 'fied • h ica e m such manner as may spec1 1 m t e bye-laws made in this behalf. 242. (1) Where within a period of sixty days or in cases fall' d f • 236 • h' 'od mg un er clause (b) o section wit m a pen of thirty days after the re • t f • d • 238 ' 23 ' ceip 0 any notice un er section or section 9 or of the further informatio f any, required under section 240, the Chairperson does not refuse to sao~ti: the building or work or upon refusal, does not communicate the refusal t~ the person who has given the notice, the Chairperson shall be deemed to have accorded sanction to the buildhig or work and the person by whom the notice bas been given shall be free to commence and proceed with the building o.r work in accordance with his intention as expressed in the notice and the documents and plans accompanying the same: Provided that if it appears to the Chairperson that the site· of the proposed building or work is likely to be affected by any scheme of acquisition of land for any public purpose or by any proposed regular line of a public street or extension, improvement, widening or alteration of any street, the Chairperson may withhold sanction of the building or work for such period not exceeding three months as he deems fit and the period of sixty days or as the case may be, period of thirty days specified in this sub-section shall_ be deemed. to commence from the date of th~ expiry of the period for which • the sanction has been withheld. (2) Where a building or work is sanctioned or is deemed to have been sanctioned by the Chairperson under sub-section (1), the person who h~s given the notice shall be bound to erect the building or execute the work 10 accordance with such sanction but not so as to contravene any of the • . . . h la f bye law made thereunder. provisions of tb1S Ordmance or any ot er w or o • I . • oder him docs not (3) If the person or anyone lawfully c aiming. u h k within commence the erection of the building. o~ !he executio: i~f :a:ct~:ed or is one year of the date on which the building or w?r fee under section deemed to have been sanctioned, he shall have to give no 1 When buil, ing or work may be~ ceeded with. Sanctioo accorded under misrepresea• tioo. Buildings al corners of strteU. Provisions u to buildings and works on either side of new streeu Period for completion of building or work. Order of de· molition and stoppage of buildings or works in cer• tain cases 111d appeal. TIIE GAZETTE OF INDIA EXTRAORDINARY 238 or, as the case may be, under sec~ion 23_9 for fresh sanc~ion of !he b~ or the work any the provisions of thlS sec_ti?n shall. apply m relation to such notice as they apply in relation to the onginal notice. (4) Before commencing the erecti~n of a building or exectuion of I work within the period specified in sub-section (3), the person concerned shaU gi.,.e notice to the Chairperson of the pro~scd date of the commencement of the erection of the building or the execution of the work: Provided that if the commencement does not take place within seven days of the date so notified, the notice shall be deemed not to have been given and fresh notice shall be necessary in this behalf. 1 243. If at any time after the sanction of any building or work has been accorded, the Chairpe~n is. satisfied th_at such sanction was accorded in oonsequence of any matenal m~reprtse:ntation or frau~ent statement contained in the notice given or information fum1Shed under sections 238, 239 and 240, it may by order in writing cancel for reasons to be recorded such sanction and any building or work commenced, e~cted or done s~all be deemed to have been oommenccd, erected or done without such sanction: Provided that before making any such order the Chairperson shall give reasonable opportunity to the person affected as to why such order should not be made. 244. The Chairperson may require any building intended to be erected at the comer of two streets to be rounded off or splayed or cut off to such height and to such extent as it may determine, and make acquire such portion of the site at the comer as it may consider necessary for public convenience or amenity. 245. (1) The erection of any building on either side of a new street may be refused by the Chairperson unless and until such new street has been levelled and wherever in the opinion of the Chairperson practicable, metalled or paved'. drained, lighted and laid with a water mai.n to its satisfaction. (2) The erection of any such building or the execution of any such work mav be refused by the Chairperson if such building or any portion thereof or such work comes within the regular line of any street, the positioii and direction of which has been laid down by the Chairperson but which has not been actually constructed or if such quilding or any portion thereof or such work is in contravention of anybuilding or any other scheme or plan prepared under this Ordinance or any other 'law for the time being in force. 246. The Chairperson, when sanctioning the erection of a building or execution of a work, shall specify a reasonable period after the commencement of the building or work within which the building or work is to be compleled any if the building or work is not completed within the period so specified, it shall not be continued thereafter without fresh sanction obtained in the manner hereinbefore provided, unless the Chairperson on application made therefor has allowed an extensioo of that period. 247. (]) Where the erection of any building or execution of any work has been commenced, or is being carried on, or has been completed without or contrary to the sanction referred to in section 241 or in contravention of any condition subject to which such sanction has been accorded or in contravention of any of the provisions of this Ordinance or bye-laws made thereunder, the Chairperson may, in addition to any other action that may be taken under this Ordinance, make, an order directing that such erection or work shall be demolished by the person at whose instance the erection or work bas been commenced or is being carrie<l on or has been completed, within such period (not being less than five days and mote than fifteen days from the date on which a copy of the order of demolition with a brief statement of the reasons therefor has been delivered to that person), as may be, specified in the order of dcrnolition: THE GAZETTE OF INDIA EXT sic. II RAORDINARY that no order of demolition shall be mad 81 t. d • e unless th eans of a no 1cc serve m such manner e person h ,ren bY rnonable opportunity of showing cause : the Chairperson maas ~en pt, a reas Y such order shall y think ~ ~~ 111s • 'ded further that where the erection or work h 1>ro"1 b h d b as not bee ' . rson may y t e sa~e or er or y a se_parate order n completed, the Ch81rpef the issue of the notice under the first proviso • Whether made at th . e o h t' or at any oth • e urn rson to stop t e erec 10n or work until the c • er time, direct the pe n appeal against the order of demolition ifxpiry of the period within bich a (i) , made may b V/ d sub-section • ' e pref erred u11er • db ) AnY person aggneve y an order of the Chai (~ n (1) ma)( prefer an appeal against the order t~~~son made under sub­ se_ctt? the period specified in the order for the demoliti e Appellate Tribunal '1111h:to which it relates. on of the erection or wor • f (j) Where an appeal is p_re erred under sub-section (2) a ai olition the Appellate Tnbunal may, subject to the pro • ~ nst_ an order of 1:ror ·section 25S stay the enforcement of that order on su:~ 1 ;ns of ~uh-section for such period, as it may think fit: erms, if any, and • Provided that where the erection of any building or executio f t been completed at the time of the making of the order nofo.d any 1~?rk has no f f h emo 1hon no order staying. the eln olrcement ~t t e fof~~er o.f demolition shall be made by' the Appellate !nbuna uhn ess se 11 cun fy, su 1c1ent m t.he opi_nion of the said Tribunal bas been given_ by t e appe ant or not proceedmg, with such erection or work pending the disposal of the appeal. (,{\ No court shall entertain any suit, application or order proceed' c TJ 1· f • h Ch • mg ,or injunction or othe: re 1e agadmst. t e . a1rperson to restrain him from taking any action or makmg any or er m pursuance of the provisions of this section. (5) Subject to an order made by the Administrator on appeal under section 256. every order made by the Appellate Tribunal on appeal under this section and subject to the orders of the Administrator and the Appellate Tribunal 0~ appeal, the order of demolition made by the Chairperson shall be final and conclusive;,- (6) Where no appeal has been preferred against an order of demolition made by the Chairperson under sub-section (1) or where an order of demolition made by the Chairperson under that sub-section has been confirmed on appeal, whether with or without variation, by the Appellate Tribunal and by the Administrator in a case where no appeal has been preferred against the order of the Appellete Tribunal, and by the Administrator in a case where an appeal has been preferred against the order of the Appellate Tribunal the person ag~inst whom the order has been made. shall comply with the order within the period specified therein, or as the case :may be, within the period, if any fixed by the Appellate Tribunal or the Administrator on appeal and on the failure of the person to comply with the order within such period, the Chairperson may himself cause the erection or the work to ·which the order relates to be demolished and the expenses of such demolition shall be recoverable ffom such person as an arrear of tax under this Ordinance. l48. U) Where the erection of any building or execution of any work _has been commenced or is being carried on (but has not been completed) ~•tbout or contrary to the sanction referred to in section ·241, or in contravention of ~ny condition subject to which such sanction has been accorded or in contrave.ntion of any provisions of this Ordinance or bye-laws made thereunder, !he C~airper• son · be k n under this Ordmance, b may m addition to any other action that may t.a ~ the work bas been Y order require the person at whose instance the building or . commenced or is being carried on to stop the same ·rortbwith• Order of stoppage of buildings or works in cer­ tain cases 82 nm GAZETTE OF INDIA EXTRAORDINARY ,,, (2) If an order made by the Chairperson under section 247 0 . d' • run section (I) of this section ircctm~ any perso~ to ~top tbe crcctioa building or execution of any work 1s not complied with, the Chai require any police officer . to remove s~ch person and all his asis workmen from the premises or . to seize . any construction maten machinery, scaffolding or. o~her thm~s used m tbe ercct!on of any bu execution of any work w1thm such tune as may be specified in the and ~uch police officer shall comply with the requisition accordin; (J) Any of the things caused to ~ ~eized by the Chairperson u!~ section (2) shall be disposed of by him m the manner specified in SCcti (4) After the requisitio~ under sub-section (2) _has been complied wi Chairperson may, if he thinks fit, depute ~y a wntten order a police 0 a officer or other employee of the Council to watch the premises in ensure that the erection of the building or the execution of the wor~r i continued. (5) Where a police officer or a officer or other Council employee b deputed under sub-se~tion ( 4) to watch the pre~ises, the cost ; deputation shall be paid by the person at whose instance such erect' • d h • d io execution is being con11Due or to w om nonce un er sub-section (l ) given and shall be recoverable from such person as an arrear of tax under Ordinance. Power of 249. (l)The Chairperson may at any ~ime during the erection of any bui Chairpmoo or execution of any work or at any time after _the completion thereof b to require alteration of work. written notice o! not less th_an ~ve_n days spectfy any matter in respect which such erection or execution 1s without or contrary to the sanction refc to in section 242 or is in contravention of any condition of such sanction any of the provisions of this Ordinance or any bye-laws made thereunder require the person who gave the notice under section 239 or section 240 or t owner of such building or work either: (a) to make such alterations as may be specified in the said n • with the object of bringing the building or work inconformity with said sanction, condition or provisions, or (b) to show cause why such alterations should not be made, within period stated in the notice. (2) If the person or the owner does not show cause as aforesaid, he shall bound to make the alterations specified in the notice. (3) If the person or the owner shows cause as aforesaid, the Chnirperso11 shall be an order either cancel the notice issued under sub-section (I) or confirm the same subject to such modifications as he thinks fit. Power to 250. (J) It shall be lawful for the Chairperson, at any time, before or after making an order of demolition under section 247 or of the stoppage of lhe unauiboristll erection of any building or execution of any work under section 247 or under construe- • seal tions. section 248, to make an order directing the sealing of such erection ·or work or of the premises in which such erection or work is being carried ·on or has been ~mpleted in the manner prescribed by rules, for the purpose of carrying out the provisions of this Ordinance, or for preventing any dispute as 10 the nature and extent of such erection or work. (2) Where any erection or work or any premises in which any erection or work is being carried on, has or have been sealed, 1he Chairperson may, for th_e purpose of demolising such erection or work in accordance with the provisions of this Ordinance, order such seal to be removed. (3) No person shall remove such seal excrpt- (a) under an order made by the Chairperson under sub-sec1ion (2); or THE GAZETTE OF INDIA EXTRAO RDINARy 83 der an order of an Appellate tribunal b (b) "° ea\ under thi~ Ordinance. or t e Aministrator . in apP , tnadc jt\ Ever)' person who emplo~s ~n architect registered . i51, (1) to design or erect a budding or execute a With the Council f ~iteCtu~ the coropletion of the erection of the bui~i:ork shall. ~ithin o~c 11100th aft~ r or send or cause to be delivered or sent ~ or execution of the iork, dellve_ting of such completion accompanied by o ~he Chairperson a 110ricC. ill d~ bye-laws mad~ in thi~ behalf and shall gi~ ~rtf catc i~ the form PrescnbC facilities for the mspect1on of such building he Chairperson all • .,.,JJarY or work. ~-- rson shall occupy or permit to be occupied an . (2) ~~t~o be used any building or a part thereof effecie~u~h building or use or rrrn nnission has been granted by the Chairperso . Y ~y such work until pe _ with bye-laws made under this Ordinance· 0 m th1s behalf in accordan- . . . . . • 'ded that if the Cba1rpenon falls within a period of th' rr.ovt f the notice of completion to communicate its r :{ days after the recei~t . 0 0 n such permission shall be deemed to have bcee a to grant such pertniSS' • . . n granted. 2 No person shall. without the wntten permission of th Cb . 25 • : ... than in conformity with the conditions if any of esu h aupei:so.n, or otherN..,., , , c pcmuss,on- (a) use or_ perm 11 it to bed used hfor. human habitation any part of a building not ongma y erectbe f or aut onsed !o be used for that purpose or not used for that purpose e ore any alteration has been made th . b d • d • h h erem y any work execute m accor ance wit t e provisions of this Ordinance and the bye-laws made thereunder; (b) chang~ or allow the change of the use of any land or building; (c) convert or allow the conversion of one kind of tenement into another kind. 253. (1) The Central Goverment shall, by notification in the Official Gazette, constitute one or more Appellate Tribunals with headquarters at Delhi or New Delhi, for deciding appeals preferred under section 247 or section 254. (2) An Appellate Tribunal shall consist of one person to be appointed by the Central Government on such terms and conditions of service as may be prescribed by rules. (3) A person shall not be qualified for appointment as the presiding officer of an Appellate tribunal unless he is, or has been, a district judge or an additional district judge or has, for at least ten years, held a judicial office in India. (4) The Central Government may. if it so thinks fit, appoint one or more persons having special knowledge of, or experience in, matters involved in such appeals, to act as assessors to advise the Appellate Tribunal in the proceedings before it, but no advice of the assessors shall be binding on the Appellate Tribunal. (5) The Central Government shall, by notification in the Official Gazet~e, ~fi_ne_thc territorial limits within which an Appellate Tribunal. sh_all. e~ccercise its Junsdiction. and where different Appellate Tribunals have 1unsd_ict1on °;:; t~c ~am: territorial limits, the Central Government shall also pr~vtdeafsor distnbution and allocation or work to be performed by such Tnbun • (6) For the purpose of enabling it to discharge its functions unhder tthiffs Ordin • • and such ot er s a ancc. every Appellate Tribunal shall have a Registrar 'b d b rules: 00 such terms and conditions of service as may be prcscn e y p . d • 'ntly for all or any rovidcd that the Registrar and staff may be employe JOI number of such Tribunals in accordance with the rules. Completion ttni6care,. Restrictions on uses of buildings Appellate Tribunal. ,. - Al'P'"" .,.i,ut «r• i,ln o,ders or notfct• 1s,11ed under the Ordl• nancc, Procedure of the Appel• late Tri• bunal. nm oAZETTE OF OO)JA EXTRAORDINARY agrieved by any of the following orders made Qf 154• (J}dcAnYh.perOIOrdna·nance may prefer an appeal against such Orclet issued un r t 11 • to the Appellate Tribunal, namely:- (a) an order according or disallowing sanction to a lay-out plan section 217i . . . (b) an order directing the alterataoo or demoht1on of any street section 218. . . (c) a notice under sub-sect1_on (I) of sect,_on 219;. (d) a notice under sub-sect1_on (2) of ~ction 222, (t) an order directing the disposal of thtngs :e~oved under Cb Xlll or seized under section 248, or an order reJect1!1g the claim of , the balance of the proceeds of sale of things so disposed person 1or . . (f) order sanctioning or refusmg to sanction the erection of b 'Id' a~r the execution of any work under section 241; u1 mg . d h . (g) an order withholding sanction un er t e provJSO to sub-section of section 242; . . (h) an order cancelling a sanct10~ under sect1?n 243; (i) an order req_uiring the rounding off, splaymg or c~t!i?g off th h • ht of a building mtended to be erected, or for the acquisition of an e1g . 244 portion of a site, under section :_ . . (j) an order disallowing the erection of any budding or the execution of any work under section 245; • (k) an order requiring the stoppage of any erection or work under section 248; (l) an order requiring the alteration of any buildiJtg or work under section 249; (m) an order directing the sealing of unauthorised constructions under section 250; (n) an order refusing to grant permission under sub-section (2) of section 251; (o) an order granting or refusing permission under section 252; (p) any such other order or notice relating to or arising out of planned development under the provisions of this Ordinance as may be prescribed by rules. (2) an appeal under this secuon shall be filed within thirty days from the date of the order or notice appealed against: Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for net filing it within that period. (3) An appeal to the Appellate Tribunal shall be made in such form and shall be accompanied by a copy of the order or notice appealed against and by such fees as may be prescribed by rules. 2SS. The Appellate Tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or annulling the order or notice appealed against or may refer the case back to the authority or officer against whose order or notice the appeal is filed, for a fresh order or notice, after taking additional evidence if necessary, or such other action as the Appellate Tribunal may specify. (2) The Appellate Tribunal shall send a copy of every order passed by it. to the parties to the appeal. THE GAZETTE OF INDIA EX sec• II TRAORDINARy 0 Appellate _Tribunal sh~ll, in any appeal c . 85 (3) N der or notice under this Ordinance mak P nd1~g before it . of aflY 0~f injunction or _stay) against the Coun:l an tntc~ ordcr~;cspcct. bY ~aY f the Council actmg or purporting to act . ~r against any offj hcthcr scf't'ant ~unity is given to the Council or its offi m htS official c~pacit •ccr. or fl oppO . teer or servant t be y, Unless 8 IJl&tter • 0 heard in 1he 'ded that the Appellate Tribunal may with . . pro\'! • t • d out giving 'd rnake an m enm or er as an exceptional an opponu • aforesa1 to be recorded by it in writing that it ~easurc if it is satisfi~jfas asons l b • ca d t h ts necessa~ or re ting any oss emg ~se o t e person filing th •1 so to do fo preven uately compensated m money: e appeal which ca r ~~ ~ 'ded f urtber that every such interim order h 11 . provt f' h . s a tf 't • . r cease to. bav~· ~ ,ect on t e expi.ry of a period ' 1 IS not vacated earh~ 'ie on which 1t is made unless before the e . of founeen days from the J~ate Tribunal confinns or modifies that order a1 try .0! that period the APr officer or servant an opportunity of being he edr giving to the cduncil M~ u. 4,1 SubJ·ect to rules that may be made by the Cent 1 G ( , • f d • ra overnme t • If the awardmg o amages m and the costs of d . . n m this i,eba 8 j before an Appellate Tribunal, shall be in its di; an_ incidental to, any apt1 ower to detennine by and to whom and to wh:tetton and it shall have fub 1 P conditions, if any, such damages or costs are to beexte_ndt and subject to w a . f 1 pa1 and to g· • . order disposmg o an appea , necessuy directions f h tve, tn its . or t e purposes aforesaid. (SJ An order of the Appellate Tribunal made under th' . d t be t d b . 1s section may be executed or cause o execu e y it on the application of th . whose favour the order has been made. . e person m ,61 In licaring and deciding an appeal or in the execution of d ,, 1 • h II f 11 h an or er, an Appellate Tnbunal s a o ow sue procedure as may be prescribed b I T 'b I h II . y rules. (7) Every Appel ate n una , s a tn addition to the powers conferred on it under this Ordinance, have the same power as arc vested in a Civ'l C while trying a suit under the Code of Civil Procedure, 1908 in respec~ 0r°:~ following matters, namcly:- (aJ summoning and enforcing the attendance of persons and examin- ing them on oath; (b) requiring the discovery and inspection of documents; (c) receiving evidence on affidavits; (d) requisitioning any public record or copies thereof from any court or office. (e) issuing commissions for the ·examination of witnesses or docu­ ments; and (f) any other matter which may be prescribed by rules, and every proceeding of an Appellate Tribunal in hearing or deciding an appe~I or in connection with the execution of its order, shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purpose of section 196, of the Indian Penal Code, and every Appellate Tribunal shall be deemed to be a Civil Court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973. 256. (1) An appeal shall lie to the Administrator, against an ord~r of the Appellate Tribunal made in an appeal under section 247 or secllon 2~, confirming, modifying or annulling an order made or notice issued under th15 Ordiwce. (2J The provisions of sub-sections (2) and (3) of section 254 and section 255 5 of 1908. 45 of 1860 2 of 1974 Appeal against orders of Appellate 1 Tribunnl. Bar of juris• diction of courts. Removal of dangerous buildings. 86 THE GAZE11'E OF INDIA EXTRAORDINARY and the rules made thereunder, shall_, so far as may be, apply ~o lhe filing and disposal of an appeal under th~ section as they apply to the filing and disposal of an appeal under those sect100$. (3) An order of the Administrator on an appeal und~r this section, and subject only to such order, an order of th~ ~ppellate Tribunal under section 254, and subject to such orders_ of the Ad_m1mstrator or an ~ppellate Tribunal, an order or notice referred to m sub-section (1) of that section, shall be final. 257. (1) After the commencement !his ~rdinance, no court shall entertain any suit, application or other procee~mgs m respect of any order. or notice appcalablc under section 247 or section 254 ~nd no such order or notice shall be called in question otherwise than by prefemng an appeal under those sections. (2) Notwithstanding anything _con~ained in sub-~ction fl), _every suit, applica­ tion or other proceeding pending m any court 1mmed1ately before the com­ mencement of this Ordinance, in respect_ of any order or_ notice appealable under section 247 or section 254, shall continue to be dealt with and disposed of by that court as if the said section had not been brought into force. 258. (1) If it appears to the Chairperson at any time that any building is in a ruinous condition, or likely to fall, or in any way dangerous to any person occupying, resorting to or passing by. s~ch building _or any other building or place in the neighbourhood of such ?u1ldmg, the ~h~1rperson may, by order in writing, require the owner or occupier of such b~1ld10~ t~ demolish, secure or repair such building or do one or more of such things w1thm such period as may be specified in the order, so as to prevent all cause of danger there from. (2) The Chairperson may also, if he thinks fit, require such owner or occupier by the said order either forthwith or before proceeding to demolish, secure or repair the building, to set up a proper and sufficient hoard or fence for the protection of passers-by and other persons, with a convenient platform and hand-rail wherever practicable to serve as a foot-way for passengers outside of such hoard or fence. (3) If it appears to the Chairperson that danger from a building which is in a ruinous condition or likely to fall is imminent, he may, before making the order aforesaid, fence off, demolish, secure or repair the said building or take such steps as may be necessary to prevent the danger. ( 4) If the owner or occupier of the building does not comply with the order within the period specified therein, the Chairperson shall take such steps in relation to the building as to prevent all cause of danger therefrom. (5) All expenses incurred by the Chairperson in relation to any building under this section shall be recoverable from the owner or occupier thereof as an arrear of tax under this Ordinance. Power 10 or-. 259. (1) The Chairperson may by order in writing direct that any building dcr building which in his opinion is in a dangerous condition or is not provided with ~0 be v~cat~d sufficient means of egress in case of fire or is occupied in contravention of 10 certain CU· section 251 be vacated forthwith or within such. period as may be specified in the cum$lances. order: Provided that at the tirne of making such order the Chairperson shall record a brief statement• of the reasons therefor. (2) If any person fails to vacate the building in pursuance of such order the Chairperson may direct any police officer to remove such person from the building and the police officer shall comply with such direction accordingly. (3) The Chairman shall, on the application of any person who has vacated, or ~en removed from any building in pursuance of an order made by him, re­ instate such person in the building on the expiry of the period ·for which the order has been in force according as the circumstances prevailing at that time permit. StC· ti~~~;~;::~::::~-:--:-~"::':"~" ~V~K~Dl:N~A:R~Y::::=::::::::=: 87 (l) The Central Government may, b . . 260, make bye-Jaws for carrying out the / ~~hficatton in the O . Gazette, - rov1s1ons of this Ch fficial apter: 'ded that all bye-laws made by the New D 1 . ~r~v~ub-section (3) of section 188 of the Punjab e ~1 ~~nicipal Committee 110 fe ce immediately before such commencement h unic1pal Act, 1911 and ·o or h • • f ' s all be d I made under t e prov1S1on o the section and ee~ed to have • t,een me force and eff ectable such commenc shall continue to have the sa b d d ement until • t • . d rescinded or su se e under the provision f h' 1 1s amended vane • . • . . 0 t 1s section ' (l) In particular and without preJudice to the • wer, such bye-laws may provide for aU or anygeo~e\~ity of t~e foregoing Po ._ e followmg matters namely. - • (a) the regulation or restriction of the use f . different areas; 0 sites for buildings for {b) the regulation or restriction of buildings • d'ff . m I erent areas· (c) the form of notice of erection of any bu"ld" ' any work and the fee in respect of the same; 1 mg or execution of (d) the plans and documents to be submitted t h . notice and the information and further information toogbet ef r ~1th such e urmshed· (e) the level and width of foundation level of lowc t fl ' • · f . ' s oor and stab1hty o structure, (f) the construction of buildings and the materials to b d • • f b 'Id' e use m the construction o u1 mgs; (g) the height of buildings whether absolute or relative to th width of streets or to different areas; e (h) the number and height of storeys composing a building and the height of rooms and the dimensions of rooms intended for human habitation; (i) the provision of open spaces external and internal, and adequ­ ate means of light and ventilation; U) the provision of means of egress in case of fire, fire-escapes and water lifting devices; (k) the provision of secondary means of access for the remo-.:al of house refuse; (n the materials and methods of construction of external and party walls, roofs and floors; (m) the position, materials and methods of construction of hearths, smoke-escapes, chimneys, stair-cases, latrines, drains and cesspools; (n) the provision of lifts; (o) the paving of yards; (p) the restrictions on the use of inflammable materials in build­ ings; (q) the restriction on construction of foundation on certai~ sites; b 'Id" from dump arising (r) the measures to be taken to protect u1 mg from sub-soil· ' for the supply of (s) the wells tanks and cist-erns and pumps _ . . - ' . · t' with buildings, water for b11man consumption m connec ion . f he well the manner of (t) in the case of wells, the dimensions O t ' Power of the Central Government to make byclaws, Provision for daily cleans­ ing of streets and removal of rubbish and filth. Rubbish, etc. , to be the property of the Council. Provision or appointment of rcceptac- 1~. depots and places for rubbish, etc. 1111 (P~"l'll-... enclosing it and; if the well is intended for drinking pu~ which shall be used to prevent pollution of the water; 1 the lllcans (u) the supervision of buildings; (v) the setting back of garages and shops from the regul . ar line street; of a (w) the construction of partable structures and pcrmiss·. . ion for construction. Stieb (j) The draft of the bye-laws referred to in sub-section (l) forwarded to the Ch~i~_rson, ~ho. shall cause ~e ~me to be publishe~h~J be Official Gazette for mvitmg obJecttons and suggestions from the pub!' in the thirty days from the date of such publication. IC Within ( 4) The Chairperson shall forwar~ the draft bye-laws to the Government alongwith his recommendations and the objections and s Cc~trat received from the public, within three months of their publication in ;&80CStio_ns e fficia1 Gazette. (5) The Central Government may issue such directions to the Chai as it thinks fit for ensuring proper implementation of the bye-laws madrpcrson this section. • e Under ✓ CHAPTER XV SANITATION AND PUBLIC HEALTII Conservancy and sanitation 261. (J) For the purpose of securing the efficient scavenging and cleansi all streets and premises, the Chairperson shall provide- ng of (~) for the daily surface-cleansing of all streets and the removal of the sweepmgs therefrom, and (b) for the ~emoval of the conten!s of all receptacles and depots and of the accumulations at all places provided or appomted by him under the provisions of this Ordinance for the temporary deposit of rubbish, filth and other polluted and obnoxious matter. (2) The Chairperson may, by public notice, issue directions as to the time at which, the manner in which, and the conditions subject to which, any matter referred to in sub-section · (1) may be removed along a street or may be deposited or otherwise disposed of. 262. All matters deposited in public receptacles, depots and places provided or appointed under section 263 and all matters collected by municipal employees or contractors in pursuance of section 261 and section 265 shall be -the property of the Council. 263, (J) The Chairperson shall- (a) provide or appoint in proper and convenient situations public receptacles, depots or places for the temporary deposit of rubbish, filth and other polluted and obnoxious matter and for the final disposal of rubbish, filth and other polluted and obnoxious matter; (b) provide dustbins for the temporary deposit of rubbish; (c) provide vehicles or other suitable means for the removal of rubbish and offensive matter; and 89 • de covered vehicles for the removal of filth d (d} prov1 ... oxious matter. an other d and ovn .,ottute eceptacles, depots or places may be provided or a . r- •"erent r fi I di 1 f f PPointcd (2) vu•' deposit or na sposa o any o the matter specified . PorarJ 1n sub- the tel11 foctr ·on (J). ·.-nerson shall make adequate provision for preventing rcce t st I ,.,, Chai. r- d h. 1 f p ac- (3) l"e taces, dust~ins an ve ices re erred to in sub-section (1) from dep0ts, P ces of nu1Sance. =~ming So t1f 11 be the duty of the owners and occupiers of all premises-­ LA. It sba ZIJ"'I• ) t have the premises swept and cleaned; (a t O cause all filth, rubbish and other polluted and obnoxious matter (b) t~cted from their respective premises and to be deposited at such to be co the Chairperson, by public notice prescribes, in public receptacles ·mes as • d ' n or places provided or appomte under section 263 for the depots ..... rv deposit or final disposal thereof; temPo•-1 . (c) to provide receptacles o~ the typ~ and in the manner prescribed by e Chairperson for the collect1on therein of all ~Ith, rubbish and other th U t d and obooxious matter from such premises and to keep such Po ue d . • d • receptacles in gotld con 1t1on an repair. (1) It shall be the duty of the owner and occupier of every premises . 265• . any portion of New Delhi in which there is not a latrine, or urinal 51tuate 10 d by a drain with a municipal drain, to cause all filth and polluted and connecte • h • b 11 obnoxious matter accumulating upon s~dc dp~em1hs~s to e co ected an~ removed b earest receptacle or depot prov1 e 1or t IS purpose under section 303 at toteD • b h d .h h . such times, in such vehicle y . sue rou!eb an wit sue precautions as the Chairperson may by public notice prescn e. (2) It shall be lawful tor the Chairperson to take or cause to be taken measures ror the dally collection, removal and disposal of all filth and polluted and obnoxious matten from latrines, urinals and cesspools not connected by a drain with I municipal drain from all premises situate lo any portion of New Deihl. (3) In such portion or New Deihl and In any premises where situate lo which there Is a latrine or urinal connected with a municipal drain, It shall not be lawful, except with the written permission or the Chairperson, for any person who Is not employed by or on behalf or the Chairperson to discharge any of the duties of scavengen. 266. The Chairperson may, if he thinks fit,- (a) by written notice require the owner or occupier of any premises used for carrying on any manufacture, trade or business or used as a factory, workshop, trade premises or market or in any way so that rubbish, filth and other polluted and obnoxious matter are accumulated in large quanti!ies, to collect all such rubbish, filth and other polluted and ~bnox1ous matter accumulating thereon and to remove the same at such tune~ an~ in such carts or receptacles and by such routes as may be •~ificd in the notice to a depot or place provided or appointed under. section 263, or (b) _after giving such owner or occupier notice of bis intention, cause all rubbish, filth and other polluted and obnoxious matter accumulated in such premises to be removed, and charge the said owner or occupier for such removal such fee as may, with the sanction of the Council be Duty of ownen aad OCCUpien to coUect 111d deposit rubb­ ish, etc. Collection and removal of filth and pollyted matter. THE GAZETTE OF INDIA £XTRAORDlNARY [P "~1 11-.. ~~=~ ~~===~===~::::::::: . issued under clause (a) • .-,,ifi,.A in the ootJCC PrOblbitiOII epll\lt IC­ cum11lation of rubbw\, etc. 11P""""""' • er of any premises shall keep or allow to be 267. (1) No owner 0 ; ~~:rs or otherwise than in a receptacle approv ~Cpt for more than twenty- 0 : . h filth and other polluted and obnoxious matt by the Chairperson, any ~ ,s~longing thereto or neglect to employ proper ;r 0n such premises or any.pha~th and other polluted and obnoxious matter fro;ans to remove such rubbis ~cle and to dispose of .such rubbish, filth and o;bor to cteanse, such re:ceP matter in the manner directed by the Chairpcrso er polluted and obn_oxious requisition of the Chairperson as to the constru~ or fail to comply wi th anly ;,.g of any latrine, or urinal on or belonging t ohn, repair' pavement or c eansu, o t c pren.ises • f • le • cupier shall allow the water o any sm , drain latrin (2) Nv owne~:.r :C filth and other polluted and obnoxious mat~er toe or urinal or any ru isbe, t;rown or put upon, any street or into any drain in run down on or to or : b b 11 or . , f an street except m sue manner as s a present any avoidabl along the side O Y h water rubbish, filth or other polluted and obnoxi e nuisance £tom any sue , ous ~er. . ball after due provision bas been made m this respect und (3) N~ persoron ~ 51 • 0 ;s of this Chapter for the deposit and removal of ther the foregoing P VI c samo- (a) deposit any rubbish, filth and other ~ll~tcd and obnoxious matter in any street or on the verandah of any buddmg or on any unoccupied &round alon~ide any street or on the bank of a water course; or (b) deposit any fi~th or ot~er polluted and obnoxious matter in any dustbin or in any vehicle not mtended for the removal of the same; or (c) deposit rubbish in any vehicle intended for the removal of filth and other polluted and obnoxious matter. . . . 268 No owner or occupier of any perrnises shall allow or cause to be allowed r;a:;:t of any air polutant above the sta~dards, laid down under cl~usc (g) of sub-section air pollutant of section 17 of Air (Prevention and control of Pollution) Act 1981. Cbairper• 269. If any premises arc not propedr~~ arc hreguClhar~y scavenged or cleansed or son's power arc in a filthy and unwholesome con 1t1on, t e a1rpcrson may cause them to to get pre• be scavenged and cleansed and recover the expenses from the owner or, as the mises case may be, occupier as an arrear of tax under this Ordinance. scavenged and cleansed. Public latri• 270. (1) The Chairperson shall provide and maintain in proper and convenient nes, urinals, places a sufficient number of public latrines and urinals. etc. Coastructioe of latrines and urinals. (2) Such public latrines and urinals shall be so copstructed as to provide separate compartments for each sex and not to be a nuisance, and shall be provided with all necessary conservancy establishments, and shall regularly be cleansed and kept in proper order. Latrines and urinals 271. (1) It shall not be lawful to construct any latrine or urinal for any premises except with the written permission of the Chairperson and in accordance with such terms not inconsistent with the provisions of this Ordinance or any bye-laws made thereunder as he may prescribe. (2) In prescribing any such terms the Chairperson may determine in each caso-- (1) whether the premises shall be served by the service system or by s~<· 11 91 flush system or partly by the one and 1 t)le . part y by th (b) what shall be the site or position f e other; a d . . o each lat • n f ny latrine or unnal 1s constructed on any . nne or urinal (3) I 8 • • th Ch • premlSCs • • e oing prov1s1ons, e a1~rson may, after . . in contraventio thC for gt'~ to the owner or occupier of such pre . giving not Jes., th n of , no •- • • mises alt an ten daY5 tish such latnne or unnal and the e ' . er, reconstruct 1 or ~e!11~n in so doing shall be recoverable from t nditure incurred by c ~~: Ch81rpe f tax under this Ordenance. owner or occupier as ~ear O an a 2 (J) It shall not be lawful to erect any build,· 27 • b 'ld' • h ng or cxecut lation to such u1. mg wit out providing such lat . e any work on or •0 re od • d . rme acco . t • 1 accomm at1on M accommodation for bath' mmodation and unna tensils on each floor of such building as the Cinhg. or for washing clothes and u • • h a1rperson m (2) In prescnbmg any sue accommodation, the Chai erso ay prescribe. . ch case- rp n may determine in ea (a) that such building shall be served by the fl r.all b h • . ush system only· (b) what su et e site or position of each I t , . ' washi~g place or site and their number on eac: ~e, unnal, bathing or internal dimensions. oor and their clear (3) It shall not te lawful to erect a residential building fl • • composed of sep t tenements on the at system w1tnout providing at least O 1 . ara e • I , ne atnne and on bathing or washing p ace 1or servants on the ground floor of such b ·1d· e any other suitable place in the same premises. ui mg or at (l'I In this section, the expressior. "to erect a building" has th . ., 1 . 236 e same mean mg in sectton • · 273, Every person employing workmen, labourers or other persons exc d. b h 11 'd d • . ee mg twenty in num er s a prov1 e an mamtam for the separate use of pers f 1 d I • d • Is ons o each sex so emp oye , a.tnnes a~ unna .of_such description and number as the Chairperson may be not1~ requ1r~ and w1thm such time as may be fixed in the notice and shall keep the same m clean and proper order. 274. The Chairperson may be notice require any owner or manager of a market, cart stand, cattle shed, theatre, railway station and other place of public resort within such time as may be specified in such notice to provide and maintain for the separate use of persons of each sex, latrines and urinals of such description and number and in such position as may be specified and to keep the same in clean and proper ord.er. 275. The Chairperson may, by written notice- (a) require the owner or other person having the control of any private latrine or urinal not to put the same to public use; or (b) require the owner or other person having t~e control of. such private latrine or urinal which in the opinion of the Chairperson constitutes a nuisance, to remove the latrine or the urinal; or • • h l h 1her as owner lessee or (c) require any person havmg t e contro w e • occupier of any land or building- 1 b a • (i) to have any latrine provided for the same shut ?u by\r h • w of persons passmg sufficient roof, wall or fence from t e vie dwelling in the neighbourhood; or . may prescribe in (ii) to clean in such m~ner as th~ Chtr::s~:nd or building; or the notice any latrine or urinal belongmgd 0 1 human habitation are • • ded or use or • h (d) where any premises mten . r are provided wit • . • J ..,.nmmodatton o wtthout any latnne or unna a""' L~trinc1 •nd unna)s, etc in new buil; ings. Latrines and urinals for labourers, etc. Provision of latrines and urinals for markets., etc. Other provi• sions as to private la1rincs. Removal of congested buildings. Yl THE QAZElTE OF INDIA EXTRAORDINARY insufficient latrine or urinal accommodation, require the .0.wner, lessee or occupier of such premises to provide s~ch o: such add1t1onal la~nc or urinal accommodation as be may prescnbe, if ~ecess~ by causmg any part of such premises to be vacated and demohsbed m accordance With bye-laws made in this behalf. Removal of congested buildings and buildings unfit for human habitation 176. (J) Where it appears to the Chairperson that _any b!ock of bu~di~p is in an unhealthy condition by reasons of the manner m which the butldmga arc crowded together' or of the narro"'.ness, closcnc~, ~r faulty arr~gcmcnt of t ets or of the want of proper drainage and venttlatton, or of the 1mpractica. s re ' • ·1 b h II bTty of cleansing the buildings or other smu ar cause, e s a cause the block t~ 1 be inspected to by the officer aut_horised by ~im and s~~h officer who shalt make 8 report in writing to regarding the sanitary cond1tton of the block. (2) If upon receipt of such report the ~bairpei:5on considers. that _the sanitary condition of the block is likely to cause nsk of disease to the mhab1tants of the buildings or of the neighbourhood or othe~ise to endang~r _the public health, he shall with the approval of the Council select the bu1ldmgs which in his opinion should wholly or in part be removed in ord_er t~ aba~: the unhealthy condition of the block and may thereupon the notice m wntmg require the owners of such building to remvoe them within such period as may be specified in the notice': Provided that before issuing the notice reasonable opportunity shall be afforded to the owners to show cause why the buildings should not be removed: Provided further that the Council shall make compensation to the owners for any buildings so removed which may have been erected under proper authority. (3) If a notice under sub-section (2) requiring any owner of a building to remove it is not complied with, then, after the expiration of the time specified in the notice the Chairperson may remove or cause to be removed the building required to be removed by the notice and recover from owner of the building the expenses of such removal as an arrear of tax under this Ordinance. Power of 277. (1) Where the Chairperson upon information in his possession is satisfied Chairperso~ that any building is in any respect unfit for human habitation, he may, unless in ~0 require his opinion the building is not capable at a reasonable expense of being improveme11t d d fi h f h b 'Id' • • • h' • • of buitdin ren ere 1t, serve upon t e owner o t e u1 mg a notice requmng 1m within unfit for hu~ such time not being less than thirty days as may be specified in the notice to man execute the works of improvement specified therein and stating that in his habitaton. opinion those works will render the building fit for human habitation. (2) In addition to serving a notice under this section on the owner the Chairperson may serve a copy of the notice on any other person having an interest in the building whether as a lessee, mortgagee or oth~rwise. (3) In determining whether a building can be rendered fit for human habitation at a reasonable expense regard shall be had to the estimated cost of the work necessary to render it so fit and the value which it is estimated that the building will have when the works arc completed. Enforcement 278. If a notice under section 2n requiring the owner of the building to 01 . ~tice re• execute works of improvement is not complied with, then after the expiration of quinng u- th • 'fied • • • «ution of e ttmc spec1 m the notice the Chairperson may himself do or cause to be woru or Im- done the works required to be done by the notice and recover the expenses pnmmcnt. incuncd in connection therewith as an arrear of tax under this Ordinance. THE GAZE1TE OF INDIA EXTRAORDINARY 93 st'· I\ the Chairperson upon any information . h . • ,There . • •fit &o h h b' in is hnh---• (1) ".. building IS un • ,, r uman a ttation and . r----..1on is i19· d that atlY e of being rendered so fit he shall serve u is not capable at a s,tiS6e .. bte e:lPensn any other person having an interest in tpoh nbt~e bwner of the • •• <011" d 11pO h • • e 111ldin ro".'.'dittS an rtgagee or o~ erwtSe a notice to show cause With' g, w~ether b111l 1essee, ~fiod in the notice as to why an order of demolif in such time as • , • r,eCl e ion of the build' ,,, t,e Sr- made, mg t(laY d 11ot be f the person upon whom a notice has been se sh{2J If anY O ars in pursuance thereof before the Chairpc:.cd und~r sub- ·on (!) arr hilll that such perso_n shall, within a period s ~d gives an sec:ertak1J1S execute such works ?f improvement in relation to ~~e~ ~Y the llll aifI>Crson, inion of the Chairperson, render the buildi buitdmg as ~U, i~ the 0!0 undertaking that the building shall Mt be ng ~ for human babitatton o\il the Chairperson on being satisfied that it has b use for human bibitation ~se cancels the undertaking, the Chairperson sh:i~n rendered fit for that·Pdemoli;ion of the building. not make an der of ... A1r: • • d • or f no such unde1uu.1ng ~ is mentione !n sub-section (2) is given or if in a (3)J any such undertakmg has been given, any work of i'mp . _ where . 1 • . rovement to case h undertaking re ates 1s not came<l out within the specifiied p .. d h·ch t e d • . eno , or w I building is at ~ny time use _m contravention of the terms of the the k' g the Chairperson shall, with the approval of the Council k derta tn , h b 'ldi • . ma e an un f demolition of t e u1 ng requmng that the building shall be vacat d :~:fn °8 period to be specified i~ the order not ?eing less than thirty days fro: ibe date of the order, ~nd t~at it shall be demohshed within six weeks after the iralion of that penod. ex~4) Where an order of _de!'1olition of building under this section has been made, the owner of t~e ~uild~ng_ or any. other ~rson. having an interest therein, shall demolish th_at b?ildmg with1~ the tm~e ~pecified ~ that behalf by the order, and if the bui1dmg 1s not de~ohshed wit~m. that time, the Chairperson shall demolish or cause to be demohshed the buddmg and sell the materials thereof. (5) Any expenses incurred by the Chairperson under sub-section (4) if not satisfied out of the proceeds of th~ ~ale of materials of the building shall be recovered from the owner of the buddmg or any other person having ap interest therein as an arrear of tax under this Ordinance. (6) In determining for the purposes of section 2n and this section whether a building is unfit for human habitation, regard shall be had to its condition in respect of the following matters, that is to say,- (a) repair; (b} stability; '(c) freedom from damp; (d) natural light and air; (e). water supply; (f) drainage and sanitary conveniences; (g) facilities for storage, preparation and cooking of food and for the disposal of rubbish, filth and other polluted matter, ~d the building shall be deemed to be unfit as aforesaid if it is so far ~efective, 10 one or more of the said matters that it is not reasonably suitable for occupation in that condition. . (7) F<>r the purpose of section 2n, section 278 and this section, "work of unprovement" in relation to a building includes any one or more of the following works, namely:- (a) necessary repairs; (b) structural slterations; (c) provision of light points and water taps; Pner of Wifpenoa to order de• tnolidoa of bulldb,p ua . fit for bumq babitatioQ. ~ OF tNDlA EXTRAORDINARY THEOAZE• • ._ (d) construction of drains, ope~ or _covered; ( ) rovision ot latrines and unnals, O ~ovision of additional or improved fixtures and fittings; ~ ) o ning up or paving of courtyard; (:) iemovat of rubbish, filth and other polluted and obnoxious matter· d 1· • f b ·1d· ' (i) any other work includi~g the emo 1t10~ o any . u1 mg or any art thereof which, in the opml~n of the Chairperson, 1s necessary for ~xecuting any of the works spce1fied above. (B) Toe provisions of section 276, sec~o~ 27?, section 278 an~ this section shall not apply in relation to any bwldmg m any area which has been declared to be a slum area under the Slum Areas (Improvement and Clear- 96 of 1956 nasanltary bull aad sheds. Prohibition against wash­ ing by washermao. Obligation to give informa­ tion of dangerous disease. Removal to hospital of Patient,, IUf. fering from danger0111 disease, ance) Act, 1956. . . . . 280. Where the Chairperson upon any m~ormahon m his possession is satisfied that any hut or shed used as a dwel!mg h?use or as a stabl~ or for other purpose is likely, by reason of its being constructed without a anl.Yth or upon a 'plinth of insufficient height or without proper means of Pin • • b'l' f • d I • draina,e or on account of the 1mpract1ca 1 1ty o scavenging an c eansmg it owing to the manner in which it and other huts or sheds are crowded ~~gether, to cause risk of disease to the inmat_es thereof or to the in~abitants of the neighbourhood, or is for any reason bkely to endanger pubhc health or safety, he may by notice in writ.ing require the owner_ or occupier of the hut or shed or the owner or occupier of the land on which the hut or shed stands to remove or alter the hut or shed or carry out such improvement thereof as the Chairperson may deem necessary within such time as may be specified in the notice. Regulation of washing by washeimen 281. (1) The Chairperson may by public notice prohibit the washing of clothes by washermen in the exercise of their callings except at such places as he may appoint for the purpose. (2) When any such prohibition bas been made, no person who is by calling a wasberman shall in contravention of such prohibition wash clothes except for himself or for personal and family service or for hire on or within the premises of the hirer, 1t any place other than a place · appointed under sub­ section (1) . Prevention of Dangerous Diseases; 182. Any person being in charge of, or in attendance, whether as a medical practitioner or otherwise, upon any person whom he knows or has reason to believe to be suffering from a dangerous disease, or being the owner, lessee, or occupier of any building in which he knows that any such person is so s~ffering shall forthwith give intormation respecting the existence of such disease to the officer specified by the Chairperson for the said purpose. 183. (1) When any person suffering from any dangerous disease is found to be- (a) without proper lodging or accommodation; or (b) livi.ng in a room or house which he neither owns or pays rent for nor occu~1es as the guest or relative of any person who owns, or pays rent for 1t, or (c) living in a sarai, dharamshala, hotel, boarding house, hostel, guest house, lodging house, club; or . (~) lodged in premises occupied by members of two or more families, I 11-IE GAZETTE OF INDJA EXTRA 0RD1NAR,y • rson or any person authorised by him in th. 95 i.e (,'batrpe y medical officer of the rank not in fen• IS behalf, rnay 0 ti• of an h • or to that f n the d~ce fficer remove t e patient to any hospital o a general d s ••• , o I d' • or place at h' uty f!ledl'; from such 1seases are received for medical w 1ch perso suffert118 ecessary for such removal. treatment and may ;s 11thill8 n . . o snr Council shall 1f required by the Cent 1 (2) 'fhe • l f h ra Gover . disease hosp1ta o sue type and dimension nment erect an infec11ous as that Government may direct, Ch • • f . . Where the a1rperson is o opinion that the l . . 284, b itding or part of a building or of any articl c ~ansmg and disinfection f anY u • • f • es m such build' o . likely to retain m ection, or the renewal of fl . mg or part which r:ch building, and the renewal of plastering of ~~nng of any building or part o s re vent or check the spread of any dangerous d' e walls thereof, would nd to p • h . . 1sease • he may b . te 't'ng require t e owner or occupier to cleanse d, d' . , Y notice in _w~ 1 • ~art of articles, as the case may be, or to renew ~~e ~Smfect.~the said butldt ~•y the said plastering also within such time as m bsaid flo~nng and if necessa ' ay e specified in the ~~~ . . . P 'ided that where m the opm1on of the Chairperson th rov h e owner or occu • . f m poverty or any ot er cause unable effectually to c pier is r~•ition, the Chairperson may at the expense of the Ne;rryD olh~t Many. s~ch requ.., d' • , h b 'Id' e I unic1pal d cleanse and 1sm1ect t e u1 mg, part or articles or as th fun w the flooring and if necessary, the plastering aiso ' e case may be, rene · 285. (1) Where the destruction of any hut or shed is in the opinion of the Chairperson necessary t? P:even.t . the spr~ad of any dangerous disease, the Chairperson may by notice m wntmg reqmre the owner to destroy th h • 1 h f • h' h . e ut or shed and the matena s t ereo wit m sue time as may be specified in the notice. (l) Where the Chairperson is satisfied that the destruction of any hut or shed is immediately necessary for the purpose of preventing the spread of any dangerous disease, he may order the owner or occupier of the hut or shed to .destroy the same forthwith or may himself cause it to be destroyed after giving not less than six hours' notice to th_~ owner or occupier. (3) Compensation ·may be paid by the Chairperson, in any case which be thinks fit, to any person who sustains substantial loss by the destruction of any such hut or shed, but, except as so allowed by the Chairperson, no clai.m for compensation shall lie for any loss or damage caused by any exercise of the power conferred by this section. 286. (1) The Chairperson shall- (a) provide proper places with necessary attendants and apparatus for the disinfection of conveyances, clothing, bedding and other articles which have been exposed .to infection; (b) cause conveyances·, clothing and other articles brought for disin­ fection to be disinfected either free of charge or on payment of such charges as he may fix. (2) The Chairperson may notify place·s at which articles of clot~ing, _bedding and the conveyances or other articles which have been exposed to mfection shall be washed and if he does so, no person shall wash any such t~ing at any place not 50 notified without having previously disinfected such thmg. (J) The Chairperson may direct the destruction of any clothing, b?dding or oibcr aniclc likely to retain infection and may give such compensation as he think s fit for any article so destroyed. Disinfection of building, and •niclcs. Destruction of infcctio11.1 huts or sheds. Means of dis­ infection. 96 llfE GAZETTE OF INDIA EXTRAORDINARY (P,._T II- ~ spedll Ill n,dlllffl 287 (1) In the event of New Delhi or any part thereof being ....... • d d' •Qtted threatened by an outbreak of any angerous isease among the inh b' 0r d• • • al h • a itants thereof or any epidemic 1sease among any amm s t erem, the Chairpc . ca,e of out• btelk ot d1n&eto111 or epidemic dll­ ease,, • • f th' A t d h • rson if he thinks that the other prov1S1ons o JS c an t e provisions of an ' law for the time being in force are insufficient for the purpose, may, ~t:t~r previous sanction of the council- c •s of 1860, Infected clothes not (a) take such special measures; and (b) by public notice, give such directions to be observed by the b . or by any class or section of the public, pu he as he thinks necessary to prevent the outbreak or spread of the disease: Provided. that where in the opinion of the Chairperson immediate meas k • 'th t h • ures are necessary, he may ta e action, w1 ou sue sanction as aforesaid and 'f h does so, shall forthwith report such action to the Council. 1 c 72) No person shall commit a breach of any direction given under sub-sect· (1) and if he does so he shall be deemed to have committed an offence un~on section 188 of the Indi~n Penal Code. • er to be sent to washerman 288. (1) A person shall not send or take to any washerman or to any laundry or place ~et apart for the exercise by washennan of th~ir calling, for the purpose of being washed or to any place for the purpose of bemg cleansed, any cloth or other article which he knows to ·have been exposed to infection from a da~gerous disease unless that cloth or article has been disinfected by or to the satisfaction of the officer, authorised person in this behalf. or to laundry. Contamina­ tion and dis­ infection of public con• veyance. (2) The occupier of any building in which a person is suffering from a dangerous disease shall, if required by the officer aut~orised by the Chairperson, furnish to him the address of any washerman to whom or any laundry or other place to which clothes and other articles from the building have been, or will be sent during the continuance of the disease, for the purpose of being washed 0; cleaned. 289. (1) Whoever- (a) uses a public conveyance while suffering from a dangerous disease; or (b) uses a public conveyance for the carriage of a person who is suffering from any, dangerous disease; or (c) uses a public conveyance for·the carriage of t~e corpse of a person who has died from any such disease, shall be bound to take proper precautions against the communication of the disease to other persons using or who may thereafter use the conveyance and to notify such use to the owner, driver, or person in charge of the conveyance, and further report without delay to the Chairperson the number of the conveyance and the name of the person so notified. (2) Where any person suffering from, or the corpse of any person who has died from, a dangerous disease has been carried in public conveyance which ordinarily plies in New Delhi or any part thereof, the driver thereof shall forthwith report the fact to the Chairperson who shall forthwith cause the conveyance to be disinfected if that not already been done. (3) No such conveyance shall be again brought into use until the officer authorised by the Chairperson has granted a certificate stating that it can be used without causing risk of infection. (4) Whoever fails to make to the Chairperson ·any report which he is required to make under this section shall be guilty of an offence under this Act. scv 11 ~ 97 ~ 'thstanding anything contained in any 1 -~ z,o. No;:er, driver or person in charge of a ::li for the time bcin i force no onvcy or to allow to be conveyed in su~h ~ conveyance shai bcn d to c lh' ff • conveyance • i,oun. of New De I any perso~ su enng from a dan . in or in the \'icin•IY f ny person who has died from such d' gerous disease or th o a ffi • isease unless d e cOrpse ys or tenders a sum su 1c1ent to cover a 1 an until such nerson pad'narily be incurred in disinfecting the cony oss and expense which r- Id or 1 • • nveyancc flOU ) Where any butldmg or part of a buildi . . • Z91, (J person has, within six weeks immediatei°g ts mt~nded to be let in bieh anY d' h • . Y preceding be . "' a dangerous isease, t . e person letting the buildin o • en suffering fr0,111 disinfect the same m such manner as the Ch . g r part shall, before d0111g ~al• notice direct together with all articles there·, al':J>Cblrson may by general pee• • n ta e to r t • • or 5 for the purposes of this section the keeper of h • e am infection. (l) msbala, sarai, boarding ho~se, gu~st house, hotel :r ~~~:1• lodging house, dhafl e let to any person who IS admitted as a guest h . shall be deemed 10 _hd~vg in which such person is permitted to reside erein that part of the butl in • . . . • 92 No person shall, without previous disinfection of th . ~ u'.ansmit or otherwise ~ispose of to another person any arti;les~~:hi give, _lend, sc 'ws or has reason to believe has been exposed to contaminatio b ng which he ~~ce and is likely to be used in or taken into New Delhi 0: ay any dangerous ui--- ny part thereof. ji;u IIIUIR CAIRAoRDINAIW 293, No person while suffe~ng from, or in circumstances in which h . . 10 spread, any dangerous disease, shall- e ts likely (a) make~ carry or o~fer for sale or take any part in the business of making, carrying or offering for sale, any article of food or drink or an medicine or drug for human consumption, or any article of clothing 0~ bedding for personal use or wear; or (b) take any part in the business of the washing or carrying of clothes. 294, When New Delhi or any part thereof is visited or threatened by an outbreak of any dangerous disease the Chairperson may, by public notice, restrict in such manner or prohibit for such period as may be specified in the notice, the sale or preparation of any article of food or drink for human consumption specified in the notice or the sale of any flesh of any description of animal so specified. 29S. (1) If the Chairperson is of opinion that the water in any well, tank or other place, is likely, if used for drinking, to endanger, or cause the spread of, any disease, he may- (a) by public notice, prohibit the removal or use of such water for drinking; or (b) by notice in writing require the owner or person having control of such well, tank or place to take such steps as may be directed by the notice to prevent the public from having access to or using such water; or {c) take such other steps as he may consider expedient to prevent the outbreak or spread of any such disease. (2) 1n the event of New Delhi or any part thereof being visited or threatened by an outbreak of a dangerous disease .the officer authorised by the Chairperson in this behalf may, without notice and at any time, inspect and disinfect any weU, tank or other place from which water is, or is likely to b~, taken for the putpoles of drinking and may further take such steps as be may ~in~ fit to ensure the purity of the water or to prevent the use of the same for drmkmg purposes. Driver of convtyaoce not bound to carry ()enOns SU!rering fTOcn danger- 011$ dlstase, Disinfection of buildings before ~ltini the saine. Disposal of infected articles with• out disin­ fectio11. Prohibition of making or selling of food, etc., or washing of clothes by in­ fected per­ sons. Power to restrict or prohibit sale of food or drink. Control over wells and tanks, etc. l)uly of pti10n• w«erina r,om dongcr- 0 111 dl1t11c. Disposal or infectious corpses where any person has died from any danger• ous disease. Conditions or service or sweepers and certain other class of persons employed in municipal service. Conditions or service or sweepers employed for doing house scavengi~g. Power to call for in• formation regarding burning and burial grounds. THE GAZETTE OF !NOIA EXTRAORDINARY 296. No person shall- . (a) knowing that he is suffering f~om a dangerous disease. expose persons to the risk of infection by his presence or conduct m any p street or public place; (b) having the care of a ~n whom he knows to be suffering fro dangerous disease, cause or penmt that person !o expose other pcrso the risk of infection by his presence or conduct m any such street or p as aforesaid; (c) place or cause to be placed in a dustbin or other receptacle for deposit of rubbish, any matter which he knows to have been exposed infection from a dangerous disease and which has not been disinfect properly; • (d) throw or cause to be thrown into any latrine or urinal any matt which he knows to have been exposed to infection from a dangero disease and which has not been disinfected properly. 297. Where any person has died from any dangerous disease the Chairperso may, by notice in writing- (a) require any person having charge of the corpse to convey the same to mortuary thereafter to be disposed of in accordance with law, or (b) prohibit the removal of corpses from the place where death occurred except for the purpose of being burnt, buried or for being conveyed to a mortuary. Special conditions· regarding essential services 298. (1) No person being a sweeper employed by the Council shall in the absence of any contract authorising him so to do an without reasonable cause, resign his employment without having given one month's notice to the Chairperson or shall neglect or without reasonable cause refuse to perform his duties, or absent himself from his duty. (2) The Council may by resolution direct that on or from' such date as may i.>e specified in the resolution, the provisions of this section shall apply -in the ·case of any specified class of persons employed by the Council whose functions are intimately concerned with public health or safety. 299. No sweeper, being employed for doing house scavenging of any building shall discontinue to do such house scavenging without reasonable cause or without having fourteen days' notice to his employer. Burning and burial grounds 300. The Chairpe~son may, by notice in writing, require the owner or person in charge of any bur'ning or burial ground to supply such information as may be specified in the notice concerning the condition, m~nagement, or position of such ground. Permission 301. (1) No place which has not been used as a burning' or burial ground for uscb 0! before the commencement of this Act shall be so used without the permission in new urning • • f h Ch . or burial wntmg o t e a1rpcrson. ground. (2! Such permission may be granted . subject to any conditions which the Chairperson may think fit to impose for the purpose of preventing any THC UALC I 1 1.: VI' INUIA EXTRAO RDINARY 99 0 or danger to the health of an =,-.__ aoce t , ' y persons res' d' ,11110Y ourhood, . • •ng in the cighb '''here the Chairperson, after making O • 11 (1) vY h b • r causing to be 30~• . of opinion t at any ummg or burial •ground h made loeat c 11 q111rY 15 s to the health of, persons residing in th ~ become offensive to or daogerou evious sanction of the Council by not'e n~ighbourhood, he may' the pr f h , ice m writin ' with erson in charge o sue ground to close th g, require the 0 w11er or P cificd in the notice. c same from such date as be spe b 111aY corpse shall be urnt or buried at the burn· • (2) No f which a notice has been issued under th' mg ~r bunal ground in ect o . b b • . IS section. rcsP '[he Chairperson may Y pu he notice prescribe 303, ay be removed to burning or burial ground routes by which alone .nsesltl v· I • c<hr isposa of dead animals Whenever any animal in the charge of any perso di 304• thereof shall within twenty-four hours either- n es, th e person in charge (a) convey the carcass to a place provided or appo' t d 263 for the final disposal of the carcasses of dead •~ e tsu nd er section . anuna , or (b) give notice of the death to the Chairperson wh cause the carcass to be disposed of on such fee as may ~;upon ~be shall ·1 prescn ed by the Counci. • CHAPTER XVI VITAL STATISTICS 30 s. (1} Notwithstanding anything contained in the Registration of a· th d b b . h . . 1r s an D tbs Act, 1969, ut su Ject to t e prov1S1ons to this Act and to any d' • t' ea . . . ,rec ions that the Central Govemmen~ may give m this behalf, the officer specified in the Official Gazette by t~e Chairperson, ~hall be the Chief Registrar of Births and Deaths for New Delhi a~d shall keep m such for!11 ~ may be prescribed by bye­ laws a register of all births and deaths occurring m New Delhi. (2) The ~hairpe~son shall for the purposes of this 1Chapter appoint an additional chief registrar and such number of person to be registrars of births and deaths for New Delhi as he dee.ms necessary and define the respective areas which shall be under the charge of s1Jch registrars. 306. The registrar shall keep himself informed of every birth or death occurring within the area under his • charge and shall ascertain and register as soon as conveniently may be after the event, and without fee or reward such particulars in respect of every birth or death as may be prescribed by bye-laws made in this behalf. 307. (1) It shall be the duty of the father or mother of every child born in New Delhi and in defa,ult of the father or mother, of any relation of the child living in the same premises, and in default of such relation, of the person having char,e of the child, to give to the best of his knowledge and belief to the registrar of the area concerned within eight days after such birth, information containing such particulars as may be prescribed by bye-laws· made in this behalf. (2) It shall be the duty of the nearest relation present at the time of the death or in attendance during the last illnt:::~ of any personl,dying in New Delhi and in default of such relation, of any person present or in ·attendance at the tim~ of the dcafh and of the occupier of the premi~es in which to his knowledge the ~th took place and in default of the person ht>reinbefore mentioned, ?f each uun11c of such premises and of the undertaker or other person causing th_c corpse of the deceased person to be d~p,osed 9f, to give to the best of ~•s knowledge and belief to the registrar of the area within which the death place Power to require dos­ Ing of bur• ning and bu­ rial &rounds. Removal of corpses. Disposal of dead animals. Appointment of Oaief Registrar, etc. 18 of 1969. Duties of registrar. Information of births and deaths. '"° m e OAZETm Of' IHDIA EXTilAORDl'NARY Information coatamln1 sucll particalan • may be prescnl>ed by bJe-lawa in this behaH. (J) If a birth or death occun ia the bospitaJ. none of lite persons me in ,ut,..,ection (I) or, • die cae may be, ia sub-section (1) shall be ~ give information required by dtat sub-section. but it shall be the duty medical officer in charge of the hospital within twenty-four houn after the or death, to tend to the off"acer authorised by the Chairperson • containing tuch particulars u may be prescribed by bye-laws made behalf. CHAPTER XVIl Pusuc SAJ'ETY AND SUPPR£SSION OP Nt11SAN<:Es Nuisances Proltibirion JOS. {l) No person shaU- of nuign.ca "r::: (a) in any public street or public place­ (i) ease himself; or (ii) carry meat exposed to public view; or (iii) picket animals, or co1Ject carts; or (iv) being engaged in the removal of rubbish, filth or 0 polluted and obnoxious matter wilfully or negligently permit portion therof to spill or fall, or negliect to sweep away or othe effectually to remove any portion thereof which may spill or fall such street or place; or (v) without proper authority affix, upon any building, mon ment, post, wall, fence, tree or other thing, any bill. notice or oth document; or (vi) without proper authority deface or write upon or otherw· mark any building, monument, post , wall, fence, tree or other thin or (vii) without proper authority remove destroy, deface or other wise obliterate any notice or other document put up or exhibite under this Ordinance or the rules or bye-laws made thereunder; 0 (viii) without proper authority displace,- damage, make an alteration in, or otherwise interfere with, the pavement, gutter, storm water-drain, flags or other materials of any such street, or any lamp brac_.ket, direction-post, hydrant or water-pipe maintained by the Council in any such street or place, or extinguish a public light; or (ix) carry rubbish, filth or other poJJuted and obnoxious matter at any hour prohibited by the Chairperson by public notice, or in any pattern of cart or receptacle which has not been approved for the purpose by the Chairperson, or fail to close such cart or receptacle when in use; or (b) carry rubbish, filth or other polluted and obnoxious matter along any route in contravention of a1Jy prohibition made in this behalf by the Chairperson by public notice; or (c) deposit or cause or permit to be deposited, earth or materials of any description or any rubbish or polluted and obnoxious matter in any place not intended for the purpose in any public street or public place or waste or unoccupied land under the control and management of the Council; or nm GAZETTE OF INDIA EXT RAORDINARy (d) rnakc any grave or bum or bury 101 rt for such purpose; or any corpse at toy Pia ~ ~~~ (e) at any time or place at which the sa Chairperson by public or special notice, bea~: :: been prohibited by the horn or trumpet, or beat any utensil m or tom-tom or bl a 1 . , or sound , ow instrument, or p ay any music; or any brass or other (/) disturb the public peace or ord b . . b • er Y s1ng1 shouting, or y using any apparatus for amplif . ng, scrtaming or human voice, such as a megaphone or 8 louds Ytng or reproducing the peakcr; or (g) let loose any animal so as to cause . animal to cause injury, danger, alarm or an;o or neghgently allow any yance to any person· , or (h) save with the written permission of the Ch • h • • airperson and • manner as he may aut onse, store or use night .1 m such h b . ·so1 , cowdung rubbish or any ot er su stance emitting an offe • • manure, ns1ve smell; or (i) use or permit to be used as a latrine or urinal any place not intended for that purpose. (i) Every person shall take all reasonable means to prevent every h'ld d be• • h' h c I un er the agr. of tw~Ive year mg m 1s c arge from easing himself in any public street or public place. (3) The owner or keeper of any animal shall not allow it straying in a public street or public place without a keeper. (4) Any animal found straying as aforesaid may be removed by an officer or employee of the Council or by any police officer to a pound. (5) Swine found straying in a public street or public place shall be liable to be destroyed by any officer or other employee of the Council appointed in this behalf. 309. Where the Chairperson is of opinion that there is a nuisance on any land or building, he may, by notice in writing, required the person by whose act, default or sufferance the nuisance arises or continues or the power, lessee or occupier of the land or building, or any or more or these persons, to remove or abate the nuisance by taking such measures in such manner a'nd within such period as may be specified in the notice. Dogs 310. (I) The Council may, by bye-laws made in this behalf,- . . . • • authority appointed by (a) require the reg1strat1on by the rcg1strat1on . ' • h' N w Delhi the Chairperson in this behalf of all dogs kept wit in e • Power of Chairperson 10 require removal or abatement of nuisance. Registra1i,1n and co111rol of dogs. l(,Z me oAZEffl OF !NOIA EXTRAORDINARY ~ (b) require that every registered dog shall wear a collar to Which h be ttached I metal token to be issued by the registration authority s an nx :nd fee payable for the issue thereof: • ' Ind 1 ) require that any dog which has not been registered or which • ,c . ~ d • bl' l be IS not wearing such token shall, if ,oun m any pu ic pace, detained at a place set apart for the purpose; and (d) fix the fee which shall be charged for such detention and pr . that any such dog shall be liable to be destroyed or otherwise dispo;~ide unless it is claimed and the fee in respect thereof is paid within one wee~~ (2) The Chairperson may- 'aJ cause to be destroyed, or to be confined for such period as he '' • al h' h • • bl may direct, any dog or other am?' w 1c is, ~r 1s re~sona y suspected to be, suffering from rabies, or which has ~een ~1tten b~ any dog or other animal suffering or suspected to be s~ffenng from rabies; (b) by public notice dire:t that, after such ~ate as may be specified in the notice, dogs which are without collars or _without marks distinguishing them as private property and are ~ound stray.mg on the streets or beyond the enclosures of the houses of their _owners, 1f any, may be destroyed and cause them to be des.troyed accordingly. (3) No damages shall be payable in resp~ct of. any dog or other animal destroyed or otherwise disposed of under this section. (4) No one, being the owner or pcr.;on ·i_n charge o! any dog: shat! allow it to be at large in any public street or pubhc place without bemg muzzled and without being secured by a chain lead in any case in which- (aJ he knows that the dog is likely to annoy or intimidate any person, or (b) the Chairperson has, by public notice during the prevalence of rabies, directed that dogs shall not be at large without muzzles and chain leads. (5) No one shall- ,_ (a) allow any ferocious dog which belongs to 'him or is in his charge to be at large, without being muzzled, or (b) set <,>n or urge any dog or other animal to attack, worry or intimidate any person; or (c) knowing, or having reason to believe that any dog or animal belonging to him or in his charge has been bitten by an animal suffering or reasonably s_uspected to be suffering from rabies, fail or neglect to give immediate information of the fact to the Chairperson or give information which is false. Prevention of fire, etc. Stacki~g 0.r 311. The Chairperson may, by public notice, prohibit in any case where such ;:1ce1•~~ in- prohibition appears to him to be necessary for the prevention of danger to life ma~':1s~ ?r pro~rty, the stacking or collecting of wood, dry grass, straw or other inflammable materials, or the placing of mats or thatched huts or the lighting 0 fires in any place which may be specified in the notice. THC: GAZETTE OF INDIA EXT , RAORDINARy nerson shall set a naked light on or n No r· • l • ear any b 'Id' 3ll• thcr pubhc p ace m such manner as t u1 ing in an or o . . 0 cause da • Y Public sircct . d that nothing m this section shall be d ngcr of fire: pro\'1dc he purPoses of illumination on the occase~mcd to prohibit the u for t ion of 8 f • sc of lights tcrtainment. estival or pubr ' te ell IC Or ri"a d' h p N one shall isc arge any fire-arm or let off fi 313, 0 ill any game in such manner as to cu ire-works or fire-baloo ngage • b d . asc or to be l'k ns , or c persons passing y or welhng or work' . 1 ely to cause danger£ t.:J•ury to property. ing tn the neighbourhOOd or ' k O I os 'Id' • 4 Where any bu1 mg, ~r wall, or anything affixed 31 • cscrvoir, pool, depression, or excavation or a b thereto, or any wen tank: r of the Chiiirperson, in a ruinous state' fo ny ank or tree, is in th~ •01on • • r want of ff' • op1 . 0 or enclosure, a nuisance or dangerous t su. 1c1ent repairs, protc,~uo or working in the neighbourhood the Cha' 0 persons passing by or dwcl ing ' 1rperson may b . . . . require the owner or part-owner or person cla' . Y notice m wn11n~ncr thereof or failing any of them the occup1'e1m1tnhg to be the owner or Part-O . h' • r ereof to re me or may require 1m to .repair, protect or enclose the sam . move the s: he thinks necessary; an_d 1f the danger is, in the opinion of~~: sue~ manner ~ •ocnt he shall forthwith take such steps as he thinks Chairperson, 11nm1 ' • necessary to avert the same. 315 The Chairperson may, by notice in writing require th • l • • • ' e owner or part Ocr or person c a1mmg to be the owner or part-owner f 1 • ow ' . . o any and or b •itding or the lessee, or the person cla1mmg to be the lessee of h u , . . any sue land h·ich by reason of disuse or disputed ownership or other cause h . w , . . , as remained unoccupied and has become t~e resort of tdle and disorderly persons or of persons who have no ostensible ~cans of subsistance or cannot give a satisfai:•ory account of themselves or ts used for gaming or immoral purpose otherwise occasions or is likely to occasion a nuisance, to secure and enclose\~r same within such time as ma~ be specified in the notice. e CHAPTER XVIII MARKETS, TRADES AND OCCUPATIONS Maintenance and regulation of markets 316. (1) The Chairperson, when authorised by the Council in this behalf, may provide and maintain municipal markets and slaughter house in such number as he thinks fit together with stalls , shops, and other buildings and conveniences for the use of persons carrying on trade or business in, or frequenting such markets or slaughter house, buildings and places, machines, weights, scales and measures for the wcighment or ~casuremcnt of goods sold therein. (2) Municipal markets and slaughter houses shall be under the control of the Chairperson who may, at any time, by public notice, close any municipal market, slaughter house or any part thereof. 317. (1) No person shall, without the general or special permission in w~i~ing or the Chairperson, sell or expose for sale any animal or article in any mumcipal market. (2) Any person contravening the provisions of sub-section (1), and any animal or article exposed for sale by such person may be summarily removed from the market by or under the orders of the Ch~rpcrson or any officer or employee of the Council authorised by the Chairperson in this behalf· Care o( naked lights. Dischlrging firt••orlts fire-arms,' etc. Power to re­ quire build­ ing.,, •ells, etc., to be rendered safe. Enclosure of waste land used for im­ proper pur­ pose. Provision of Municipal market. Use of municipal markets and slaughter house. rue OAZElTE Of fHDfA EXTRAORDINARY 311. (I) No place other thu a municipal martet sllaD be used • unlcu such place hu been licensed u a martet by the Council. (2) No plact otMr tlu,n a municipal 1"1ughter lwuse s/uJU bt ,utd a.,• howt: Provldtd that nothing in thu sub-section slu,/1 bt tktmtd- (I) to restrict the slaughter of any animal in any place on the o( any religioUJ festival or ceremony. subject to such condif compliance with which shall be punishable under this Ordinance) Chairperson may, by public or special notice impose in this be (II) to prevent the Chairperson, with the sanction of the Council setting apart place for the slaughter of animaJ in accordance with custom. Condllion.s of JUI. (1) The Chairperson may charge such fees as the Council may pr grant of in this behalf for the grant of a licence to any person lo open a private licence for and may irant such licence subject to such conditions, consistent with privare ordinance and any bye-laws made thereunder. market. Prohibition of kee~ ing market open without Ii• cencc, etc. (2) When the Council refuses to grant any licence. it shall record a statement of the reasons for such refusal. (3) The Chairperson may, for reasons to be re.corded, suspend a licence respect of a private market for such period as he thinks fit. ( 4) A private market of which the licence has been suspended or cancelled aforesaid shall be closed with effect fi:om such date as may be specified in order of suspension or cancellation. 320. (1) No person shall keep open for public use any market in respect which a licence is required by or under this ordinance without obtaining licence 1.herefor, or while the licence t.herefor is suspended or after the same h been cancelled. (2) When a licence to open a market is granted or refused or is suspended 0 cancelled the Chairperson shall cause a notice of the grant, refusal, suspension or cancellation to be posted in such language or languages as he thinks nece~ary in some conspicuous place by or near the entrance lo the pla~e lo which the notice relates. Prohibition 321. No person knowing that market has been opened to the public without a of use licence having been obtained therefor when such licence is required by or under of unlicensed this Ordinance or that the licence granted therefor is for the time being markeu. suspended or that it has been cancelled, shall sell or expose for sale any animal Prohibition of busi• or article in such market. 322. (1) No animal or article shall be sold or exposed for sale within a distance of one hundred metres of any municipal market or licensed private ness and market without the permission of the Chairperson. -trade near a market. (2) Any person contravening the provisions of sub-section (1) and any animal or article exposed for sale by such person may be summarily removed by or under the orders of the Chairperson or any officer or employee of the Council appointed by him in this behalf. Levy of stal• 323. (1) The Chiarperson may, with the previous approval of the Council laget charge such stallages, licence fees or fees as may from time to time be fixed in •nd fee,. this behalf- (i) for the occupation or use of any stall. shop. stand, or shed in a municipal market qr municipal slaughter house; (ii) for the right to expose articles for sale in a municipal market; and (iii) for the use of machines, weights. scales and measures provided for in any municipal market. . . (2) A copy of the table of stallages, and fees. if any. chargeable 111 any municipal market in New Delhi and of the bye-laws made under this Act for the THE OAZETl'E OF INDIA EXTR , AORDINARy _.-:::::;::::::· -- ii ;,:;...:.--- --=-- <JI ~ ~ lfl5 • / Jating the use of such market p • ~ f rcgu d' nnted in ' ....,se o h Chairperson may 1rcct, shall be arr· . such langu ~w· as t c ixcd m sa age or r go~gcs hC market. me conspisious 1~0 ,e ifl t Chairperson may prevent the entry in an pl' z4. 'fhC person suffering from any dangc y m~rket and shall e 3 cfrorTI• anYlc therein any article or who not ~ou~ disease, who sellsx:1 ,~er for sa d f I h ' avmg purch r ,; 05cs article expose . or sa c t crcin; and he ma • ased the same c, ~dies anY . creating a disturbance therein Y expel therefrom an 11:1,, whO is . • y persofl NO person shall without or otherwise th • 325, (1} the Chairperson carry on the trade ofan 10 conformity with a from f fl h • t d d f a butcher fi h l ·cencc •..,.,porter o cs m en c or human co . , 1s ·monger i er or ''" . nsumpt1on o ' P0 olter I of flesh, fish or poultry intended for hu r use any place hC sa c man consumpt' ror t d that no licence shall be required for any I ion: vidC d fl . P ace used fo h pro f sale of preserve esh or fish contained in • . r t e sale or storage or ptaclcs, airtight or hermetically alcd rccc sc, The Chairperson may order and subject to su h .. (2) .. 0 and inspection as he thinks fit to impose gra tc 1~ 0nd ll.ions as 10 erv1s10 b n a 1cence or b sur fuse for reasons to c recorded, to grant the sa may y order re . . me. Every such licence shall expire at the end of the f (J) d or at such earlier date as the Chairperson may yfear or _which it is grantc 1· , or special reasons ·ry in the 1cence. , spec1 d f h 14) I f any place is use or t c sale of flesh, fish or poultry in c t • · · h Ch · on ravent1on of c rovisions of this se~t1on, t e airperson may stop the use thereof b th p as he may consider necessary. Y such means . (S) (i) If the ChaJTpcrson or _any ~erson authorised by him in this behalf has on to believe that any animal mtcnded for human consumpt'io • b • rcas h fl h f h . n 1s emg slaughtered or that t c cs o any sue an~mals is being sold or exposed for le in any place or manner not duly authonsed under this Ordinance h sa , . h . h . . , e may 1 any time by day or mg t wit out notice inspect such place for the purpo f 3 h h . . SC O satisfying himself as to w ct er any prov1s1on of this Ordinance or of any bye- law under this Ordinance at the time in force is being contravened thereat and may seize any such animal or the carcass of such animal or such flesh found therein. /ii) The Chairperson may remove and sell by auction or otherwise dispose of any -animal or carcass of any animal or any flesh seized under sub-section (1 ). (iii) If within one month of such seizure the owner of the animal, carcass of flesh fails to appear and prove his claim to the sat!sfaclion of the Chairperson or if the owner is convicted of an offence under this Ordinance in respect of such animal, carcass or flesh, the proceeds of any sale under sub-section(]) vest in the Council. (iv) Any person slaughtering any animal or selling or exposing for sale the flesh of any such animal in any place or manner not duly authorised under the provisions of this Ordinance may be arrested by any police officer without a warrant. • (v) No claim shall lie against any person for compensation for any damage necessarily caused by any such entry or by the use of any force necessary for affecting such entry. Trades and Occupations . 326, (1) No person shall, without the previous permission of the Chairperson, c5iablish in any premises, or materially alter, enlarge or extend' any fac~~ry, workshop or trade premises in which it is intended to employ steam, electncity' water or .other mechanical power. (2) Th . . · • ·r it is of the opinion e Chatrperson may refuse to give such permisSt0n, 1 f th t h . t sion of such actory, a I e establishment, alteration, enlargement or ex en Butcher's fish-monger"s and poulter's licence. Factory, etc., not to be es• tablished without per­ mission of the Chair­ person. 106 THE GAZETTE OF INDIA EXTRAORDINARY work.shop or trade premises, in the ~ro~scd posi_tion wouid be objectionable reason of the density of the population m th~ neighbourhood thereof, or wo be I nuisance to the inhabitants of the neighbourhood. Premiles aot 10 be used for cuuia purpoees without li­ cence. 327. (I) No person shall use or pen:11it to be_ used any ~rcm~es for any oft following purposes without ·or otherwJSC th_an IJl c:onformtty with the terms licence granted by the Chairperson in this behalf, namely:- Seizure of certain • animals. (a) any oi the purpos~s ~pecified. i~ Part I of th~ Ninth Schedul (b) any purp9se which JS, m_ the opm1on of the C~airperson dangero to life health or property or likely to create a nwsance; (cj keeping horses, cattle or other quadruped animals or birds t transportation, sale or hire or f~r sale o~ the produce thereof; or (d) storing any of the articles specified m Part II of the Nintb Schedule except for· domestic use of any of those articles: Provided that the Council may declare that premises in which the aggregate quantity of articles stored for sale does not e~ceed such quantity as may be prescribed by bye-laws in respect of any such articles shall be exempted from the operation of clause (d). . (2) In prescribing the terms of a licence gr~nted under this section for the use . of premises as mills or i_ron yar~s or for sim1la~ purposes the Chairperson may, when he thinks fit, require the licensee to provide a space or passage- within the premises for carts for loading and unloading purposes. (3) The Chairperson shall fix a scale of fees to be paid in rc~~ct of premises licensed under sub-section (I). 32$. (I) If any_ horses, cattl_e or other qua~~ruped ani~als or birds are kept on any pr~mises m contravention of the prov1s1ons of section 327, or are found abandoned and roaming or tethered on any street or public place or on any land belonging to the Council, the Chairperson or any officer empowered by him may seize them and may cause them to be impounded or_ removed to such place as may be appointed by the Government or the Council for this purpose and the cost of seizure of these animals or birds and of impounding or removing them and of• feeding and watering them shall be recoverable ·by sale by auction of these animals or birds: . Provided tha~ anyone claiming such animal or bird may, within seven days of the seizure get them released on his paying all expenses incurred by the Chairperson in seizing, impounding or removing and in feeding and watering such animal or bird, and on his producing a licence for keeping these animals and birds issued under the provisions of section 327. (2) Whenever the Chairperson is of opinion that the user or any premises for any of ihe purposes referred to in sub-section (I) of section 327 is causing a nuisance and such ·~uisance should be immediately stopped, the Chairperson may order the owner or the occupier· of the premises to stop such nuisance within such time as may be specified in ~be order and in the event of the failure of the owner or occupier to comply with such order, the Chairperson may himself or by an officer subordinate to him cause such user to be stopped. (J) Without prejudice to the foregoing provisions of this section any person by whom or at whose instance any horses, cattle or other quadruped animals or birds are so kept, abandoned or tethered, shall also be punishable under this Ordinance. THE GAZETTE OF INDIA EXTRAORD INARY St' ' 11 107 'fbe Chairperson may give public notice of h's . . • 3 :9. (1) • 8 specified in the notie no person shalt ~ intention to dcclarc •' ill an~ referred to in sub-section (I) of section ~i/rcm~ for any 1~ the P~~r;ticb notice. • which may be ~ued 1n • b'ections to any such declaration shall be recc· d ft (2) No ho }rom the publication of the notice. ive a er I period of 111ont one Th Chairperson shall consider all objections received . b' (3) ~ ·ng any person affected by the notice an opponu . wi; m_ the said period, gi~ consideration, and may thereupon make a declar:? 0 . bemg heard during sucou·ce published under sub-section (1), with such mod1oifin m_ accordance •th the n . cations if an 1il y think but not so as to extend its application • Y • ~~ . 85 c ry such declaration shall be published in the Official G . (4) s;,ve Cb • azette and 10 ch other manner ~ th~ ~rperson m~y determine, and shall take effect fr SU da of its publicat100 m the Official Gazette. om the te SJ No person shall, in an~ area specified in any declaration published under ( ,..;00 (4) use any premJSes for any of the purposes referred to • . ~~ • . lD~~ Cl.fled in the declaration and the Chairperson shall have the 327 spe . • . power to the use of any such premises by such mr,a11s ~ he considers neccssa ~· • ~ 330. No person shaJl, without o~ otherw~e th~n. in confe~ity with the terms of 3 licence granted by the Chairperson m this 1thalf ,- . . . (a) hawk or expose for sale in any place any aniclc whatsoever whether it be for human consumption or not; (b) use in any place his skill in any handicraft or for rendering services to and for the convenience of the public for the purposes of gain or making a living. 331. (1) No person shall, without or otherwise than in conformity with the terms of a licence granted by the Chairperson in this behalf, keep any eating house, lodging house, hotel, boarding house, tea shop, coffee house, cafe, restaurant, refreshment room or any place where the public are admitted for repose or for the consuption of any food or drink or any place, where food is sold or prepared for sale. (2) The Chairperson may at any time cancel or suspend any licence granted under sub-section (1) if he is of the opinion that the premises covered thereby are not kept in conformity with the conditions of such licence or with the provisions of any bye-law-made in this behalf, whether the licensee is prosecuted under this Ordinance or not. 332. No person shall, without or otherwise than in conformity with the terms 0_f a licence granted by the Chidrperson ia this behalf, keep open an~ theatre, cucus, cinema house, dancing hall or other similar place of public resort, recreation or amusement: Provided that noting in this section shall apply to private performances in any such place. .. Power of Cllairpenon lo fl"VeDI - of pre­ ... in pll'• ~Ira, '°' Jlllrpoca "ftrted to i11 tectioa367. LicellCCS for hawking ar­ ticles, etc. Eating houses, tic. Dot 10 be used without licence from the Chair• person.- ~nsing and control of theatres, circuses and places of public am­ usement. Power of CMJrper10n IO stop Ule ot premises uRd In con­ tnvenllon of lloencea. (mprovemenl ,cbeme. 108 THe GAZElTE OF INDIA EXTRAORDINARY I P~ r fl._ ~ 333. If the Cbairpenon is of opinion that any eating house, lodging ho hotel, boarding house, tea shop, coffee house, cafe, restaurant, refrcshmllle, room or other place where the public are admitted for repose or ~nt consumption of any food or drink or where food is sold or prepared for sal or any theatre, circus, cinema house, dancing hall or similar other place of pu~l~r resort, recreation or amusement is kept open without a licence or otherwise th le in conformity with the terms of a licence granted in respect thereof, he may st an the use of any such pre'!'ises for any such purpose for a specified period by su:~ means as he may consider necessary. CHAPTER XIX IMPROVEMENT 334. Where the Chairperson upon information in his possession is satisfied as respects any area- ( a) that the buildings in that area arc by reason of disrepair or sanitary defects unfit for human habitation or are by reason of their bad anangemcnt, or the narrowne~ or bad arrangement of the streets or th want of light, air, ventilation or proper conveniences, dangerous O c injurious to the health of the inhabitants of the area; and r (b) that the most satisfactory method of dealing with the conditions in the area is the re-arrangement and reconstruction of the streets and buildings in the area in accordance with an improvement scheme, he may frame an improvement scheme in respect of the area in accordance with the bye-laws made in this behalf. Maiers 10 be provided for• in an im• provemeol scheme. 335. (1) An improvement scheme may provide for aJI or any of the following matters, namely:- (a) the acquisition by agreement or under the Land Acquisition Act, 1 of. 1894. 1894, of any property necessary for or affected by the execution of the scheme; (b) the relaying out of any land comprised in the scheme; (c) the redistribution of sites belonging to owners of property comprised in the scheme; (d) the closure or demolition of buildings or portions of buildings unfit for human habitation; (e) the demolition of obstructive bui~dings or portions thereof; (/) the construction and .reconstruction of buildings; (g) the construction and alteration of streets; (h) the water supply', street Jigiuing, electric supply, drainage and other conveniences; (i) the provision of open spaces for the benefit of any area comprised in the scheme; (j) the sanitary arrangements reqtJired for the area comprised in the scheme; (k) the provision of accommodation for any class of the inhabitants; (/) 'the provision of facilities for communication; (m) the sale, letting or exchange of any property comprised in the scheme; (n) any other matter for which, in the opinion of the Chairperson it is expedient to make provision with a view to the improvement of the area to which the scheme relates. (2) Where any land is designated in an improvement scheme as subject to acquisition or is required by the scheme to be kept as an open space, then, if al the expiration of ten years from the date of sanction of the scheme by the I ARY ~====================~~=======~1:09 ~ . Government under sub-section (2) of section 336 b cent~al by the Chairpe~~n, t~e . owner of the land mat e land is not 3cquired n a notice requmng his interest in the land t' b Y serve on the ·rpcrso f •1 • o e so acq • d Cha1 f the Chairperson at s to acquire the land within a . d . uire . (3)1 h • h • peno of SIX mo th h receipt of t e notice, t e improvement scheme sh 11 h n s fr<>111 t ~ration of the said six months as if the land werea tavde ~ffect after the expt . . . b th Ch • no es1gnated as . t to acqumt1on y e auperson or were not required t b k 5ubJec O e ept as an en space. op 6 (l) Every improvement scheme shall, as soon as may be ft . h 33 • • d b h Ch • a er 1t as been d be subm1tte y t e a1rperson for approval to the C .1 d frame , . h h . ounc1 an the cour.cil may e1t?er approv~ t e sc eme wtthout modifications or with such d•fications as 1t may consider necessary or reject the scheme w'th d' . mo 1 h fr h 1 1rechons to the Chairperson. to ave a es scheme framed according to -such directions. (i) No improvement scheme approved by the Council under sub-section (]) shall be valid un_less it has ~een sa~ctioned by the Central Government. 337, The Chairperson whtle fra~mg an improvement scheme under this Chapter for any zrea ma~ also frame a scheme (hereafter in this Ordinance referred to as the rehousing scheme) for the construction, maintenance and management of such area _and so many buildings as he may consider necessary for providing acco~modahon for persons who are likely to be displaced by the execution of the improvement scheme. 338. No improvement scheme or rehousing scheme framed under this Chapter shall be valid unless such scheme is in conformity with the 1)Tovisions of the master plan for the National Capital Territory of Delhi or a zonal development plan for New Delhi or any part thereof. CHAPTER XX POWERS, PROCEDURE, OFFENCES AND PENALTIES Licences and written permissions 339. (I) Whenever it is provided in this Ordinance or any bye-law made thereunder that a licence or a written permission may be granted for any purpose, such licence or written permission shall be signed by the Chairperson or by the officer empowered to grant the same under this Ordinance or the bye­ laws made thereunder or by any officer authorised by the Chairperson or such officer in this behalf and shall specify in addition to any other matter required to be specified under any other provision of this Ordinance or any provision of any bye-law made thereunder- (a) the date of the grant thereof; (b) the purpose and the period (if any) for which it is granted; (c) restrictions or conditions, if any, subject to which it is granted; (d) the name and address of the person to wh~m it is gr~n~ed; and (e) the fee, if any, paid for the licence or wntten permission. (2) Except as otherwise provided in this Ordinance or any bye-law made thereunder, for every such licence or written permission a fee may be charged at su~h rate as may from time to time be fixed by the Chairperson with the s~nction of the Council and such fee shall be payable by the person to whom the licence or w 'tt • • • d n en perm1ss1on 1s grante . (J) Save as otherwise provided in this Ordinance or any bye-law made Submission of improve­ ment scneme to the Coun­ cil for ap­ proval and to the C-entral Government for sanction. Rehousing scheme. Improvement scheme and rehousing scheme to comply with the master plan and zonal de­ velopment plan. Signature, conditions, duration, suspension, revocation, etc., of licences and written per­ missions. Powers of entry and In• spcction. ...-ri; OF 1~v1n .... • • • •• - • THE GAZ!;•' IP"llr II 110 ...... written permission granted under this Act thereunder any licence ~r any time be suspended or revoked by the ~~y ,bye.law made thereunder may a hom it was granted, if he is satisfied that • t ~irpcrson or by the officer by w through misrepresentation or fraud or if I as been secured by the g~~te:S has been infringed or evaded by the grantceany ?f its restrictions or con 1 10. ted for the contravention of any of the provis' ' or if the h been conv1c • JOns of th' grantee as . w made thereunder relating to any matter for which the . ts Act or any bye la d. licence . . n has been grante • or pcrm1ss10 Provided that- ..s ~ b fore making any order • p:PSIM or revocation rca (a) _ety shall be accorded to the graa1et d ' the licence or the so~able opportum • h Id b wri tten . . to show cause why 1t s ou no1 e suspended or re k pcrm1ss1on • b • f vo cd· (b) . cry such order shall contain a nc statement of the reas , ev h I. h ons for ns·ion or revocation of t e 1ccncc or t e written permi·s • the suspe . . . . s1on (4) When any such hcence_ or written perm1ss1on is suspended ~r k d When the period for which the same was granted has expired h rcvo c , or . A b 1 , t e t Shall for all purposes of this ct or any ye- aw made thereunder b gran ce , . . • . . 1 . , c d d to be without a hccnce or written perm1ss1on unti such time as th eeme 1 . . . . e ·d suspending or revoking the 1cence or written perm1ss1on is rescinded . 01 er . . . d or t.1 the licence or written perm1ss1on 1s renewe • un 1 • • • (S) Every grantee of _any licen_ce or wr~tten perm1ss_ion grante~ ~nder this Act shall at all reasonable times, while such licence or wntten perm1ss1on remains in force, if so required by the Chairp~rson or t_he_ authority by whom it was granted, produce such licence or written perm1ss1on. Entry and inspection 340. The Chairperson or any officer or other employee authorised in this behalf by, him or .empowered in this behalf by or under any provision of this Act, rules, regulations or bye-laws made thereunder, may enter into or upon any land or building with or without assistants and workmen- (aJ for the purpose of ascertaining whether there is or has been on or in connection with the land or building ahy contravention of the provisions of this Act, rules, regulations or any bye-law made thereunder; (b) for the purspose of ascertaining whether or not circumstances exist which would authorise or require the Chairperson or any municipal officer or employee authorised or empowered in this behalf to take any action or execute any work under this Act, rules, regulations or any bye-law made thereunder; (c? for the purpo~e of taking uny action or executing any work authorised or required by this Act, rules, regulations or bye-Jaw made thereunder ' {~) to make any inquiry, inspection, examination, measurement, valuation or survey aut horised or required by or under this Ordinance, r~le~, :egul_ations or bye-laws made thereunder or necessary for the proper a m1mstra1ton of this Act· ' th ~) ge~erally for the purpose of efficient discharge of the functions by thee oduncil under this Act, rules regulations or any bye-Jaw made reun er. , Power to en- 341 (I) Th C . ;: ~nd 1 ad- empo~ered i~ thh_airpbcrson or any person authorised in this behalf by him or mng and ts ehalf by O d . . • f h • Act rules, in relation 10 regulations or bye-laws r un er any prov1s10n o t 1s . •. ft any work. metres of any k made thereunder may enter on any land within fi Y laws made the word auth0rised by or und~r this Act rules regulations or bye· r d reun er with o • h ' ' h urposc 0 cpositing the r Wit out assistants and workmen for t e P . access to such w~e~n any soil, gravel, stone or other materials or for obtain•n~ the same. r or for any other purposes connected with the execution ° THE GAZETm OF INDIA E sic. II XTRAORDINARy person so authorised shall, before e t . 111 (2) 'fh~hereof, and shall, if so required b; ~~ng 0 n any such 1 pur?°seff so much of the land as may be re ~ owner or ace a~d, state the fence o . quired for such up1er thereof ""' person so authorised shall in exerc· • purpose • (1) , ,,e d ' ismg any • . do as little emage as may be and com e . P0wer conferr sect10~j in accordance with bye-laws made i n~~hon shall be paya~1 by this coun~t of such land or to both for any such~ t is behalf to the c by the oecup1er amage, whether owner or 1e111Porar)'. permanent or (J) It shall be lawful for the Chairperson 34Zlf. by him or empowered in this behalf by ~~ a~ydperson authorised in th' i,eba 1 • b 1 d , un er any • . is 1 rules, regu at1ons or ye- aws ma e thereunder to provision of this f.C ' and to open or cause to be opened any d make any entry into a place, . oor, gate or other . ny (a) if he considers the opening thereof barrier- d necessary for th such entry; an e purpose of (b) if the owner or occupier is absent or be· such door, gate or barrier. mg present refuses to open (i) Before making any entry into any such place, or· openin O • ned any such door, gate or other barrier, the Chairp g r causmg to be 0~borised or empowered in this behalf, shall call upon two erson or the person inb au abitants of the locality in which the place to be enterer• mtor? re_spectable · d • m o 1s situate to witness the entry or openmg an may issue an order in writing to th ' • d em or any of them so to o. 343, Save as otherwise provide~ in this Act, rules,. regulations or any bye-law made thereunder, no entry ~uthonsed by or under this Act shall be made exce t between the hours of sunrise and sunset. P 344, Save as otherwise provided in this Act, rules, regulations or any bye-law made thereunder, no land or building shall be entered without the consent of the occupier, or if there is no occupier, of the owner thereof and no such entry shall be made without giving the said owner or occupier, as the case may be, not less than twenty-four hours' written notice of the intention to make such entry: Provided that no such notice shall be necessary if the place to be inspected is a factory or workshop or trade premises or a place used for any of the purposes specified in section 327 or a stable for liorses or a shed for cattle or a latrine or urinal or a work under construction, or for the purpose of ascertaining whether any animal intended for human consumption is slaughtered in that place in contravention of this Act or any bye-law made thereunder. 34S. When any place used as a human dwelling is entered under this Act, due regar~ shall be paid to the social and religious customs and usages of the occupants of the place entered and no apartment in the ~ctual occupancy of .a female shall be entered or broken open until she has been informed that she is at_ liberty to withdraw and every reasonable facility has been afforded to her IVlthdrawing. 346 N • h ·sed or empowered b • o person shall obstruct or molest any person aut on .1 has lawfully Y or under this Act or any person with whom the Coun~i thorised or contracted • f th· ng which he 1s au • , 10 tbe execution of his duty or o any 1 f any of the ~J>?~cred or required to do by virtue or in consequ~nc~h:reunder, or in : vts10ns of this Act, rules, regulations or any bye-law ma e hncnt of bis contract, as the case may be. ~rcaking into building. Time of making entry. • Consent or­ dinarily to be obtained. Regard to be had to social or religious usages. Prohibition of obstruc· tion or molestation in execution of work. " 112 TI-fl? OAZETTI! OF INOIA EXTRAORDINARY Public noticu and advtrtisements Public IIOllca how 10 be made known, 347. Every public notice given under this Act, rules, regulations or an law made thereunder shall be in writing under the signature of the Chai or of any officer authorised in this behalf by him ·and shaU be widely known in the locality to be affected thereby, by affixing copies ther conspicuous public places within the said locality or by publishing the s beat of drum or by advertisement in local newspapers or by any two or m these means and by any other means that the Chairperson may think Ncwsp1pen In which advertise• men11 or notices 10 be pub­ lished. 348. Whenever it is provided by this Act or any bye-law made thereunder notice shall be given by advertisement in local newspapers, or that a notifi or infonnation shall be published in local newspapers, such notice, notifica or infonnation shall be inserted, if practicable, in al least three newspape such languages as the Council may from time to time specify in this be Provided that if the Council publishes a municipal journal, a publication that journal shall be deemed to be a publication in a newspaper of the langu in which the said journal may be published . . Evidence ., Proof of con• 349. Whenever, under this Act or any rule, regulation or bye-law m thereunder, the doing of, or the omission lo do, anything or the validity anything depends upon the approval, sanction, consent, concurrence, decla tion, opinion or satisfaction of the Chairperson or of any municipal officer, written document signed by the Chairperson or officer purporting 10 convey set forth such approval, sanction, consent, concurrence, declaration, opinion satisfaction shall be sufficient evidence thereof. sent, etc., of Chairperson. Notices, CIC. , to 6x reason• able time. Signature on notices, etc., may be stamped.- Notices, etc., by whom to be served or issued. Services of notice;, etc. Notices, etc. 3S0. Where any notice, bill, order or requisition issued or made under th Act or any rule, regulation or bye-law made thereunder requires anything to done for the doing of which no time is fixed in this Act or the rule, regulatio or bye-law, the notice bill, order or requisition shall specify a reasonable tim for doing the · same. 3S1. (I) Every licence, written permission, notice, bill, summons or othe document which is required by this Act or any rule, regulation or bye-law mad thereunder to bear the signature of the Chairperson Of of any officer, shall be deemed to be properly signed if it bears a facsimile of the signature of the Chairperson or Officer, as the case may be, stamped thereupon. (2) Nothing in sub-section (I) shall be deemed to apply 10 a cheque drawn upon the New Delhi Municipal Fund under section 46. 3S2. All notices, bills, summons and other documents required by this Act or any rule, regulation or bye-law made thereunder to be served upon, or issued to, any person, shall be served or issued by Municipal officers or other Municipal employees or by other persons authorised by the Chairperson. 353. (1) Every notice, bill, summons order, requisition or other document required or authorised by this Act or any rule, regulation · or bye-law made thereunder to be served or issued by or on behalf of the Council, or by the Chairperson or any officer, of any person shall, save as otherwise provided in this Act or such rule, regulation or bye-law, be deemed to be duly servcd- {a) where the person to be served is a company, if the document is addressed to the secretary of the company at its registered office or at its principal office or place of the business and is ei1her• (i) sent by registered post, or (ii) delivered at the registered office or at the principal office or place of business of the company; ~ II .,bere the person to be served is a Ill • - -· I IV\URDINAl\y (b} t is addressed to the partnership finn pa~nersbip 6 . ~tnell identifying it by the name or style ;t- •ts Princip:• 1 if the bl)Siness, and is either- un er Which i~ "·-~· •cc of fried on, ~•ness is ca (i) sent by registered post, or (ii) delivered at the said place of .a. • uUStnCSs· (c) where the person. to be served is a public· bo; . or other body, if the document is add Y, or a corporation saaetY er or other head officer of that body c ressc~ to the sccreta ' trea5~r al office, and is either- ' orporatton or soeiety at 1?'' - ~ P (i) sent by registered post, or • (ii) delivered at that office; (d) in any other case, if the 'document is dd t,e served and- a resscd to the person to (i) is given or tendered to him, or (ii) if such person cannot be be fou d . conspicuous part of his last known place of n '.dis affixed on some h N • l C . l T res, ence or bu • within t e at1ona ap1ta crritory of Delh' . . smess, if to some adult member of his family or is aff~~:r is given or te~dered P art of the land or building, if any to which o_nt some conspicuous ' 1 relates or (iii) is sent by registered post to that pe ' rson. ( i) Any document which is required or authorised to be se cd ..,.,.,,pier of any land or building may be addressed "thrv on the owner or II""~ b f h e owner" or "the ()(Cllpier", as the case may e, o t at land or building (naming th t 1 building) without further name or description, and shall be deemed ~ :~u~; served- (a) if the document s~ addressed is sent or delivered in accorda with clause (d) of sub-section {l); or nee (b) if the document so addressed or a copy thereof so addressed • delivered to some ~rson on the land or building or, where there is ' is person on the land or building lo whom it can be delivered, is affixed ~~ some conspicuous part of the land or building. (3) Where a document is served on a partnership firm in accordance with this section, the document s~all be deemed to be served on each partner: (4) For the purpose of enabling any document to ·be served on the owner of any premises the Chairperson may by notice in writing require the occupier of the pre[llises to state the name and address of the owner thereof. (SJ Where the person on whom a document is to be served is a minor, the service upon his guardian or any adult member of his family shall be deemed to be service upon the miR<>r. (6) Nothing in sections 351• and 352 and in this section shall apply to any summons issued under this Act by a court. (7) A servant is not a member of. the family within the meaning of this section. 354. Notwithstanding anything contained in sections 352 and 353 a bill fo~ any lax or a notice of demand may be served by sending it by ordinary post with a prepaid letter under a certificate of posting addressed to the appropriate pers~n • spcci_fied in section 353 at his last known place of. residence or ~u~iness and m proving the service of , very bill or notice so sent 11 shall be sufficient to prove that the letter was pro;erly addressed and posted under a certificate of poSling. Service of bills for tax or notice of demand by ordinary post. T pc,,,efS ID c,,JC of DOIi· c:OIIIPlilffCe ~ notice, etC, Liability of occupier to pay in de- fault of owner. Execution of , work by OC· cupier in de· fault of own• er and de· duction of expenses from rent. Relief to agents and trustees. .. .,E- OF IN DIA l!J\ I Kl'\VKUINAKY n mGru- •1 l w t1• ' (P~~t 11.._ -=-- t of non-compliance with the terms of a~ 35~ •. !n t~e eve:0 any person under this Ordinance or any ru~Oltcc, order requ1S1t1on iSSUtd oder requiring such person to execute an ' regulatio 0r bye-law ~ade t~:ula~l for the authority or officer at wh! w~rk or 1; 0r any act it shat uisition bas been issued, whether or not SC •nstanec do notice, ?rd~r or t:eq unishment for such default or has been the Person t~c default 15 hable pupni'shment therefor, after giving notice 1·n P_rOSccutcd 10 ced to any wnun or senten to take such action ~r such steps as may be necessary for the g to Sll(h person, th work required to be done or executed by such COtnplcti of the act or in:urred on ·such account shall be payable to the cr~son and ~~ the expen~ if not paid within ten days after such demand, shall b airPcrson O 1 demand an f tax under this Ordinance. e recoverab1n as an arrear o c Recovery of expenses (1) If any notice, order or requisition has been issued to 356 • f property of which be is the owner, the authority or ~~y Person in rcspe~t. 0 tance such notice, order or requisition has been issued e officer at whose ins f rt th f , may re . the occupier of such property or o an~ a~y pa ereo to pay to him . quire of to the owner, any rent payable by him m respect of such propen , •?Stead due upto the amount re~overable from the owner u~der section ~sf It falls Provided that if the occupier refuses to disclose the correct amount of 1 ble by him or the name or address of the person to whom it is he rent paya h • th • h l payable h officer may recover from t e occupier . e w ~ e amount recoverable , t e section 355 as an arrear of tax under this Ordmance. Under (2) Any amount recovered from an occupier instead of from an 0 sub-section (1), shat!, in the absence of any contract between the ow:c~under occupier to the contrary, be deemed to have been paid to the owner. d the 357, Whenever the owner of any land ~r building fails to execute d th' 0 d' any work which he is required . t~ ~fxecute fun ehr l ids rb•~lad~ce, or any bye-law made thereunder, the occupier, i any, o. sue an or ui mg may, with the approva of the Chairperson, execute the said work and he shall, subject to any 1 d • h b . contract between the owner an occupier to t e contrary, e entitled to recover fr h' • db h' • h om t e owner the reasonable expenses mcurre Y im m t e execution of the wo k d may deduct the amount thereof fr~m the rent • payable by him to the ~W:~. 358. (1) Where any person,, by reason. of his receiving rent of immovabt property as a receiver, agent or trustee, or of his being as a receiver, agent 0: trustee the person who would receive the rent if the property were Jet to a tenant, would under this Ordinance, or any bye-law made thereunder, be bound to discharge any obligation imposed o.n the owner of the property for the discharge of which money is required, he shall not be bound to discharge the obligation unless he has, or but for his own improper act or default might have had funds in. his hands belonging to the owner sufficient for the purpose. (2) The burden of proving any fact entitling a rcciever, agent or trustee 10 relief under sub-section (1) shall lie upon him. (3) Where any receiver, agent or trustee has claimed and established his right to relief under this section, the Chairperson m~y, by notice in writing require him, to apply to the discharge of his obligation as aforesaid the first moneys which may come to his bands on behalf or for the use, of the owner and 00 failure to comply with the notice, he shait be deemed to be personally liable 10 discharge the obligation. "' "''' 1· X r p .~-~:::====-====.:::::.- --- - ~- , ,\ORDIN,\Ry ,:::.-- -- - ., . ..... .,_. , .. - Pay~ent of compensation -~~ case not otherwise provided for in th· --=::: tn anY h Ch • 1s Ord' 359· thereunder' t c . anperson with the _inance or in an "' ffl_odc a pay compensation to any person who s pr~v1ous approval ~ bye. 'c' 00c1l, rn Y f any of the powers vested by this O d.usta'ns demage by f the o cise o M . . r inane reason f hC c~cr • or in any unic,pal officer or oth ~ _or any bye-law • o t ·,person er municipal e 1n the Ch01 1 AnY person who has been convicted of mployee. 360, ( ) or any bye-law made thereunder shall n ~n offence against th' ordinance hich he may have been sentenced for th~ ~dtw1thstanding any pu . 11s t 10 w f dama h sa, offenc b ms 1• fllcfl ompcnsation or any . ge to t e property of the e,. e liable to pa 50ch c 'd offence as the Chairperson may conside Council resulting fr Y thC 5a1 r reasonable. om the event of a dispute regarding the am (2) In . l) h ount of comp • sub-section ( sue amount shall, on a Ii . ensation payable uoder incd by the magistrate before whom the sai~p :~hon made t_o him, be dc_tcr;fcnce; and on non-payment of the amount of Jom oen wa~ convicted of the said c shall be recovered under a warrant issued b hp ns~tion so determined thC 5:1111 d b h" h y t c said ma • fine impose Y 1m on t e person liable th gistrate as if it were a ere fore. Recovery of expenses or compensation in . . case of dispute 61 (}) If, when the Cha1rperson demands paymc t f ~ ~tion 355, his right to demand the same or thn ° any expenses referred 1~ 111 tcd within ten days after such demand the Cha·e amount of the demand is J1spu • . . ' irperson shall refer the cas for dcterm1~auon- e (a) to the Appellate Tribunal , if such demand 1 . . . re ates to the exp incurred m taking necessary action or steps for the c 1 . enses · d b d omp ction of an or work require to e one or executed in the event f r act · d · • • 0 non-compliance with any notice, or er or rcqu1s1t1on under sections 222 229 247 • 24 9_ ' , , 248 and (b) to the· court of the district judge of Delhi or New Delh' h . ' 1, as t c case may be m any other case. • (2) The Chairperson shall, pending the decision on any such reference d f · f h , e er further proceedings or t c recovery of the sum claimed by him, and shall, after the decision, proceed to recover only such amount, if any , as is thereby declared to be due in the manner · referred to in section 355. 362. (I) Where, in any case not provided for by section 401 , the Council or the Chairperson or any officer or other employee is required by this Ordinance or by any bye-law made thereunder to pay any expenses or any compensation, the amount to be so paid and if necessary , the apportionment of the same, shall, in case of dispute, be determined by the court of the district judge of Delhi on an application having been made to it for this purpose at any time within one year from the date when such expenses or compensation first became claimable. (2) If the amount of any expenses or compensation ascertained in accordance with sub-section (I) is not paid by the person liable therefor on demand, it shall be recoverable as if the same were due under a decree passed by the court of the district judge in an original suit tried by it. {3") ' Instead of proceeding in the manner aforesaid for the recovery of any expenses or compensation of which the amount due has been ascertained as herein before provided, or after such proceedings have been taken unsuccessfully or with only partial success, the sum due or the balance of the sum du7, as the case may be, may be recovered by a suit brought against the person hable for same in· any court of competent jurisdiction. General power 10 compensa­ tion. ~ornpensa. hon to b . e paid by or. fenders for dcmagc ~aused by them. Reference to the court of the district judge in cer­ tain cases. Application to the court of the district judge in other cases. 116 11-fE OAZETIE OF INDfA EXTRAORDINARY Mode or re• CO'lffY of certain due,. 363. lo any case not expres.11y provided fo~ in this Ordinance or any made thereunder any sum due. to the Couoal on account of any charge expenses, fees, rates or rent or on any other account under this Ordio ' any such bye-law may be reoovera~le fro?1 any person from whom such due as an arrear of tu under this Ordinance: Provided that no proceeding., for the recovery of any sum under this shall be commenced afte the expiry of three years from the date on whicb sum becomes due. Obstruction of owner by occupio Right of owner to •~ ply to the court of the district judge in case or ob­ structioo by occupier. 364, (1) The owner of any !and ~r building may, if he is prevented b occupier thereof from complymg with- ' (a) the provisions of section 222, section 229, section 247, section section 249, or section 222, or any bye-law made thereunder or with notice or order issued under any such provisio~ apply to the Appell Tribunal; and (b) any ,>ther provision or any bye-law made thereunder or with a notice, order or requisition issued under such provision, apply to the co of the district judge of Delhi or New Delhi as the case may be and whe such application is made within any time ~hat may . be fued for th compliance with such provision or notice, order or requisition the own shall not be liable for his failure to comply with the provision, or notice or~er or requisition within the time so fixed. (2) The Appellate Tribunal or the oourt, as the case may be, on receipt 0 such application, may make a -written order requiring the occupier of the land or building 10 afford all reasonable facilities to the owner for complying with the said provision or notice, order or requisition and may also, if it thinks fit direct that the costs of such application and order be paid by the occupier. (3) After eight days from the date of the order referred to in sub-section (2), the occupier shall afford all such reasonable facilities to the owner for the purpose. aforesaid as may be specified in the order; and in the event of his continued refusal to do so, the owner shall be discharged during the continuance of such refusal, from any liability which may have been otherwise incurred by reason of his failure t9 comply with the said provision or notice, order or requisition. Proceedings btfort tht court of tht district judge Oeoerat 365. The procedure provided in the Code of Civil Procedure, 1908, in regard Powen 111d f procedure of to suits shall be followed, as far as it can be inade applicable, in the disposal o the Colllt of applications, appeals or references that may be made to the court of the district the district judge of Delhi or New Delhi, as the ~ may be under this ordinance or any judac. • bye-law made thereunder. • 5 of IQ. THE OAZETrn OP lNDIA EXl'RAo ROINArty St'· II Th Government may. by notification • 117 L6, (1) t fee shall be paid- 10 the Officil) 0 311 wha 1. . llttte ~cribC n any app tcahon. appeal or reference • pt (a) faw 111ade thereunder to the court of the :~d~r ~ Ofdin~ araY bye· Jhi as the case may be, and IStnct Judge of Delhi or .. 1 W ve , . or ,,e ) for the issue, m connection with any inqu· • (b h' 0 d' iry or P""-•.a• urt under t as r mance or such bye-law of • ..,~ings before that Co. , any summons or other rocCSS· 'f 'bed p that the fee, i any' prescn under clause ( rro"idedvaJue of the claim or subject matter is ·ca abl;J shall_ ~ot. in cases in -~bich the ed the fees leviable for _the time being pund ohf being estimated in ,. eitCC • • h' er t e prolfta' (lloneY, Act, 1870, m cases tn w tch the amount of th :uions of the court•f~es f a like amount. c claun or subject 111auer 15 ~overnment may, by like notification dctcrm • th (2) ~;f any, prescribed under clause (a) of s~b-scctio~c(lt :non by whom the fe ' a plication, appca! or reference shall be received b ll be payable. (3) N? die until the fee, 1f any, prescribed therefor u d Y 1 the court of the d~t~Ct 1,un has been paid: n er C a~ (a) of sub- ecl!OR urt • . s 'ded that the co may, ID any case m which it th' ks fi . rroVI • 1· . m It so. to do (i) receive an app 1cat1on. appeal or reference made b ,- person and Y or on behalf of a paor • (ii) issue process on behalf of any such person, . h ut payment or on part payment of the fees prescribed under this . wit O J' • section 367, Whenever any app icat1on, appeal or reference made under this Ordi: Or any bye-law made thereunder to the coun of the di tri' . d . 0ance be h • s ct Ju ge is led by agreement tween t e parties before the hearing half the sett • h 11 be . • amount of 1 fees paid up to that ~tme s a ~epa1d by the court to the parties b who al me have respectively been paid. Y m ibesa h di' 'd fD • ~;::s The court of t e stnct JU ge o elh1 or New Delhi as the case "'· ~· m~~ may- (a) delegate, either generally or specially, to the court of an additional district judge, power to receive applications, election petitions, appeals and references under this Ordinance or any rule, regulation or bye-law made thereunder, and to hear and determine such applications, election peti­ tions, appeals and references; (b) with the approval of the Government, make rQles not inconsistent with this Ordinance or any rule, regulation or bye•law inade thereunder, providing for any matter connected with the exercise of ·the jurisdiction conferred upon the CQJJrt by this Ordinance which is not herein specifically provided for. Offences and penalties 369.(1) Whoever- (a) contravenes any provision ·of any of the sections, sub-sections, clauses, provisos or other provisions of this Ordinance mentioned in the first column of the Table in the Tenth Schedule; or (b) fails to comply with any order or direction lawfully give~ to h~ or any requisition lawfully made upon_ ~im under any of the said .sections, sub-sections, clauses, provisos or other provisions, shall be pumshable>- 1 QI J870 Repayment of balf tea Oil SCldcmeJlt before hearing. ' Power of the court of the district judge to delepte certaiJl pow. en IDd to make rules. Punilhmeot for certaiJl offeac:a. 'nfe dAUTTB OP INDIA EXT'UOtU>fNARY (I) wi1h fine which may mend to tbe amount or 1'idi men1 tor J term which may c11end to the period, spcci behalf In lhlrd column of the said Table or 1'itb botb; (II) In the cue of a continuing contravention or failure addltlon1I line which may utcnd to the amount spcci hurth column of that Table for every day during w contravcnCfon or failure continues after conviction for the contravention or failure. (2) Notwlthsrandirla any1hin1 contained in sub-section (I), whoever nes rhc provisions of sub-sccrion (I) of section 222, or sub-section (I) of 224, or section 225, in relation to any srrccr wltich is a public street punishable wirh simple imprisonment which may extend to six month~ fine which may extend 10 five thousand rupees or wirh both. General 370. Whoever, in any case in which a penalty is not expressly provided b pen111y. ordinance, fails to comply with any notice, order or requisition issued und provision thereof, or otherwise contravenes any of the provisions of ordinance, shall be punishable with fine which may extend to five thou rupees, and in th~ c.uc of a continuing failure or contravention, with additional fine whidh may extend to five hundred rupees for every day after first during which he has persisted in the failure or contravention. Offences by 371. (1) Where an offence under this Ordinance has been committed b companies. company, every person who, at the time the offence was committed, was charge of, and was responsible to, the company for the conduct of the busin of the company,, as well as the company, shall be deemed to be guilty oft offence and shall be liable to be procr.eded against and punished according Certain of• fences 10 be cognizable. 2 of 1974. Provided th/ t nothing contained in this sub-seclion shall render any s person liable to any punishment provided in this Ordinance if he proves that t offence was committed without his knowledge or that he exercised alf d diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1) where an offen under this Ordinance has been committed by a company and it is proved th the offence bas been committed with the consent or connivance of or J attributable to any neglect on the part of, any director, manager, sccretiuy 0 other officetof the company, such director, manager, secretary or other office shall also be deemed to be guilty of that offence and shall be liable to ·b prdceeded against and punished accordingly. Explanation.- F'or the purposes of this section,­ (a) "company" means a body corporate, and includes a firm or othe association of individuals; and (b) "director" in relation to a firm means a partner in the firm. 372. The Code of Criminal Procedure, 1973 shall apply to,- (a) an offence under sub-section (5) of section 217 or section 237 or sub-section (1) of section 238 or sub-section (1) of section 239 or section 247 or section 248 or section 249 or section 255. THE GA~I: 1 i'E OF 1NDtA EXT RAORo~ARy (b) an offence under sub-section (1 119 of section 224 or section 225 or ~ of SCftion 222 {J) tion 244 in relation to any street :;. ~~iop (JJ of S:/ub-scctioo sec a cognizable offence- ic IS a public st ion 229•or were rcct, u if . {i) for the purposes of investigatio f it n o sufh oft (ii) for the purposes of all matters h encc; and • ot er than- ()) matters referred to in seer (2) arrest of a person, exec t1on 42 of that Code, and information received from such ~ffion thr complaint of h k f D ' iccr of th Co ' or upon below t e ran o a eputy Secreta e uncil, not be' appointed by the Council: ry or an Architect as may 1~! • dcd that no offence of the contra vent· prov• d d f ion of any . . . h sanction was accor e or the erection of . condu1on sub,·cct t wh1C II b • bl • any buddin o anY work sha e cogniza . e, if such contravention g or the execution of any plan of such erection or execution s . relates to any deviation frolll d bl anctioned by th . . h is compoun a e on payment of any e Chairperson ;:i:~ing to buildings ~ade un~er this Act. amount under the bye-laws 373 save as otherwise provided in this Act . I ~f any offence,- ' no court shall proceed to the ina d b • (a) un er su -section (5) of seciion 211 . section (J) of section 238 or sub-section (l) for se.ction 237 or sub- • 248 • 0 section 239 • 247 or section or section 249 or section 252 or section of or upon information received from such offiexcept 00 the complaint h k f • 1 1cer of the Co • •1 being below t e ran o a Deputy Secretary or an A h' .•. unc1 , not appointed by the Council; ' re ite.ct as may be (b) under sub-section (]) of section 222 ~r sub- t' • . 224 or section 225 or sub-section (1) of secti'on 22se9c 100 (D _ _of-section . . • or section 244 ·r any such offence was committed m relation 10 any 1 ., 1 . . 1 s reet which is a Public street, except on the complamt of on upon inror 1. . ff• f h c · ' •1 '' ma ion received from, such o 1cer o t e .ounc1I, not being ~elow the rank of a De ut Secretary as may be appomted by the Admmistrator· P Y ' (c) other than those specified in clauses (a) and (b) exce t h I • f • f • . 1 P on t e comp amt o , or upon m ormatton received from the Chairperso h • d b h' b n or a person aut onse Y 1m Y a general or f pecial order in this behalf. 374. (1) The Chairperson if authorised by the ' Council may, either before or after the institution of the proceedings, compound any offence made punishable by or under this Act: • Provided that no offence shall be compoundable which is committed by failure to comply with a notice, order or requisitipn issued by or on behalf of the Council or of the Chairperson unless anc,I until the same has been complied with so far as the compliance is possiple. (2) Where an offence has been compoundeq, the offender, if in custody shall be discharged, and no further proceedings fhall be taken against him in respect to the offence so compounded. Magistrates and proceedings before magistrates 37S. (1) The Government may appoint one pr more metropolitan magis­ lrates for the trial of offences against this Act and against any rule, regula­ lion or bye-law made thereunder and may pre~cribe the time and place at which such magistrate or magistrates shall sit fqr the despatch of business. (2) Such magistrates shall be called municipal magistrates and s~all besides the trial of offences as aforesaid, exercise all other powers and discharge all ProStcutionJ. Composition of· offence. Municipal magistrates. ;std.. .) 12D lltE OAZETT'E OF INDIA EXTRAORDINARY other functiom of I magistrate u provided in this Ordinance or an regulation of bye-law made thereunder. Y (3) Such magistrates and the members of their staff shall be paid such pension, leave ind other allowances as .-y, from to time, be fixed : Government. Y (4). The CounciJ shall, out of the New ~elhi MunicipaJ Fund, pay to Government the amounts of the salary, pension, leave an~ other allowan fixed under sub-section (J) together with all other incidental charg cc connection with the establishments of the said magistrates. cs (5) Each such magistrate shall have jurisdiction over the whole of N ~hl. . (6) For the purpose of the Cotle of Criminal Procedure 1973, all munic' magistrates appointed_ under this Ordi~ancc shall be deemed to be magistr~t appointed under section 16 of the said Code. (7) Nothing in this section shall be deemed to preclude any magistra appointed hereunder from trying any offence under any other Jaw. Congnizance 376. All offences against this O_rdinan~ ~r any 1?1e, regulation of bye-la of offenc:et. made thereunder, whether committed w1th1n or without the limits of Ne . Delhi, shall be congnizable by a municipal magistrate and such magistrate shal not be deemed to be incapable of taking congnizance of any such offence or 0 any offence under any enactment which is repealed by, or which ceases to have effect under, this Ordinance by reason only of his being liable to pay any municipal tax or rate or benefited out of the New Delhi Municipal Fund. Limitation of 377. (I) No person shall be liable to punishment for any offence against this time for pro- Ordinance or any rule, regulation or bye-law made thereunder, unless com­ secution. plaint of such offence is made before a municipal magistrate within six months Power of lflagistraic to hear cases in absence of accused when sum• moned to appear. Complainll coaccrnins nlllsuca. next after- (a) the date of the commission of the offence; or (b) the date on which the commission or existence of such offence was first brought to the notice of the complainant: 378. If any person summoned to appear before a magistrate to answer a charge of an offence against this Ordinance or any rule, regulation or bye-law made thereunder fails to appear at the time and place mentioned in the summons, or on any date to which the bearing of the case is adjourned, the magistrate may hear and determine the case in his absence, if- (a) service of the summons is proved to his satisfaction, and (b) no sufficient cause is shown, for the non-appearance of such person. 379. The Chairperson or any municipal officer or other municipal emplo_y~e authorised by him in this behalf or any person who resides or owns property JD New Delhi, may complain to a municipal magistrate of the existence of any nuisance. ( 11 9 • • f 121 the rcee1pt o any complaint und . (1) ~pO:ueh inquiry as he thinks necessar er section 379, th~ . t}O· 111ai1nS pansible for the nuisance or the O y' may be Written rnagistratc _,1,r res wner of h Ordc d' • JI, person uisance has taken place, to take such me t c land or bunr . 1rcct '\ich then practicable and reasonable, and with' asurcs as to such m d1_ng on 11 ~ see~ the order for abating, preventing in such period as agistratc 111•, d ,n • h Ch • , rcmovin may be ..ecifie d may direct t e a1rpcrson to put int f g or rcmedyin sr-. ce an 8 b 1 o orcc a g such .uisa11 0 dinance or ny ye- aw made thereunder ny of the prov,· . ,, hiS r . s1ons of 1 ... agistrate may further direct the pers f fhe '" 1 • on ound (2) pay to the comp amant such reasonabl' resPonsibtc fo h • ce to h h 11 d • e costs of d r t e .uisa11 ta,·nt as e s a etermme inctus,· an relating t h '' olllP • • • ve of co o t c said c. nt's loss of time m prosecuting such c 1 . mpensation for th c0fllP1a1na omp aint. c Where in the opinion of the magistrate imm d' /3) h d• e •ate actio is necessary e may 1spense with the i . n to prevent the ouis~nce(4) and make such order as he considers nqu,ry as required by sub- sccuon necessary forthwith. If the person directed to take action by an ord ( 4 ) ction (3) fails to do s~ within the period /:c~;der _sub-section (2) or sub-~ rson may on the expiry of the said period p ed m the order, the Cha•rt'~ in the order or may take such other m/roceed to take action as dircctc or remedy the nuisance as he considers neasures to abate, prevent remove • h II b cessary and all , . rred in that connection s a e recoverable from the e~ . expenses ,ncu agistrate has made the order as an arrear of tax pd son ~gamst whom the rn un er this Ordinance. Powers and duties of police officers 381 (1) Any police officer, may arrest any person who com 't . h' . • • h' Q d' • mi s m 1s view offence against t 1s r mance or ilgamst any rule regulat· b any • d ·r , ton or ye-law made thereun er , - (a) the name and address of such person be unknown t h' o 1m, and (b) such person on demand declines to give his name and address or gives a name and address which such officer has reason to believe to be false. (2) No person so arrested shall be detained in custody after his true name and address are ascertained or, without the order of the nearest magistrate or a period longer than twenty four hours from the time of arrest exclusive of the time necessary for the journey from the . pli\ce of arrest to the court of such magistrate. 382. It shall be the duty of all police officers, to give immediate information to the Chairperson of the commission of, or the attempt to commit any offence against this ordinance or any rule, regulation or bye-law made therunder and to assist all municipai officers and other municipal employees in the exercise of their lawful authority. Procedure to be followed by magistrate regarding COtnpl1ints conciernfng nufsan~. Arrest of of. fenders. Duties of police of• ricers. 122 TIie OAZETic OF JNDIA l.:XTRAOROINARY -- J'()Wfr to In• jfflute etc., te11l ptO• cecdlnp ■nd obtain lcaal advice. Legal procrtdings 383. (J) The Chairperson may- (a) take, or withdraw from , proceedin~ against any person wh . • h O IS charged wit - (/) any offence against this Ordinance or any rules, regulation Proteclion of acti011 of the ~•cil, CIC. bye-law made thereunder; or or (ii) any offencce wh! 1 ch afhfcctds or dis l!k~ly t~ affect any property or interest of the ounc1 or t e ue a mm1strat1on of this Ordi'n ancc or (iii) committing any nuisance whatsoever; (b) contest or compromise any appeal against rateable value or assessment of any tax or rate; (c) take, or withdraw from, compromise proceedings under sectio r f . ns 360, 361 and 362 ,or recovery o expenses or compensation claimed 10 be due to the Council; (d) withdraw or compromise and claim for a sum not exceeding one thousand rupees against any person; (e) defend any suit or other legal proceeding brought against lhe Council or against the Ch~irperson or ~unicipal officer or municipal employee in respect of anything done or omitted to be done by any one of them in his official capacity; (/) with the approval of the Council admit or compromise any claim, suit or other legal proceeding brought against the Council or againsi the Chairperson or any officer or other employee in respect of anything done or omitted to be done as aforesaid; (g) Withdraw or compromise any claim against any person in respect of a penalty payable under a contract entered into with such person by the Chairperson on behalf of the Council. (h) institute and prosecute any suit or other legal proceeding, or with the approval of the Council withdraw from or compromise any suit or any claim for any sum not exceeding five hundred rupees which has been instituted or ·made in the name of the Council or the Chairperson; (i) obtain such legal advice and assistance as he from time to time thinks necessary or expedient to obtain or as he may be required by the Council to obtain for any of the purposes mentioned in the foregoing clauses or for securing lawful exercise or discharge of any power or duty vesting in or imposed upon any municipal authori,y or any municipal officer or other municipal employee. 384. No suit or prosecution shall be entertained in any court against the Council or municipal author~ty or against any muJicipal officer or other munici~ ~pl~-~ . ap~ 11~ per~ ~ti1t&1~,·'1' order or direction of the Olaifpc'!,91) ~ ~ ,11f1Uicipal 'of&$# or· ~ !r,ic~ .,yee, f~r a."!·,·l.:!:n1 whu:., -~ 1 i; -~ ·faith • done ·or lnt~ndU :~ be done, under . thil Or"•"ancc or any •rufe, r~plation of bye-law niadc •eunder. . , THE GAZETTE OF INDIA EXTRAORD • INARY s~' ti l lJ ,.1 suit shall be instituted against the Co . (I) .... o • • 1 ff' uncll or . 38S· or agai ·•st. any munac1pa o teer or other munici al against the hsirl'crson erson actang under the order or direction of th P e~ploycc or C •nst anY P1 officer or other municipal employee . e Chairperson or sg3I jcipa h be d ' ID respect of mun orting to ave en one, in pursuance of . , . any act a~~e. or pu~lation or bye-law made thereunder until the this . o~mance or d oY fllle, reg notice in writing has been delivered at the e_xr1ration of two ~onthS afterof such officer, employee or person unless mn ut?1c1~al office and, ,,. case h' h' ffi , o ice m writin h in the de)ivered to im at is o •~ or place of residence g as also been s explici~ly the cause of action, the nature of th ' ~?~ unless such 110tice sta~\ompcnsation claimed, and the name and place :/~ •e. sought, the amoun_t o plaintiff, and unless the plaint contains a statement t:s1dence of t_he intending 1 ft or delivered. at such notice i...en so e . d .b d • has '-"',.1 suit such as 1s escn e ID sub-section (1) shall u 1 . . (2) i,O , f • bl rt ~ ' n ess it as a suit the recovery o immo~a e p~ope y or 1or a declaration of title thereto for. ·tuted after the expiry of six months from the date 00 h. h h • bC 1nst1 . w 1c t e cause f action anse~. . o 3) Nothing in ~ub-se.ctton _(l_) sh~ll be dee~ed to apply to a suit in which ( ty relief claimed 1s an mJunction of which the obiect wo Id b d f the on • h , u e e catcd by the giving of the notice or t e postponement of the institution of the suit. CHAPTER XXI RULES, REGULATIONS AND BYE·LAWS 386. (1) Any rule which the Central Government is empowered ·to k . 'd h ma e under this Ordmance ~ay prov1 e t at any contrave~tion thereof shall be punishable with fine which may extend to five hundred\ rupees. (2) Every rule nade under. this Ordinance and bye~aws made by the Central Govemmc, • under section 260 shall be laid as s0011 as may be after it is made, before ~ach House of Parliament while it is in sc,ssion for a total period of thi_rty day~ which ~ay be comprise~ in one session or i~ two or more successive s~ss1ons and if befo~e the e~p1ry of th~ sessions immediately following the sess1o~s o~ th~ successive session aforesaid, both ·Houses agree in making any mochficatton m the rule or bye-law or both Hous~ agree that the rule or bye-Jaw should not be made, the rule or bye-law sha,1 thereafter have effect only in such modified form or b.e of no effect, as the case may be, so, however that any such modification or annulment shall l\C without prejudice to the validity of anything previously done under that rul~ or bye­ law. 387. (1) Any regulation which may be made by the Council under this Ordinance may be made by the Central Government within one year '9f the establishment of the Council; and any regulation so made may be altered or rescinded by the Council in the exercise of its powers under this Ordin~ce. (2) No regulation made by the Council under this Ordinance shall tt,ave effect until it has been approved by the Central Government and published in the Official Gazette. ,, 388. Subject to the provisions of this Ordinance, the Council may, in addition to any bye-laws which it is empowered to make by any other provisjon of this Ordinance, make bye-laws to provide for all or any of the following matters, namcly:- A . Bye-laws relating to taxation (1) the maintenance of tax books and registers by the Chairperson and the particulars which such books and registers should contain; (2) the inspection of and the obtaining of copies and extracts from such books and registers and fees, if any, to be charged f~r the sa_~e;-/ - 1 ' Notice to be liven of suits. Supplemental provisions respecting rules. Supplemental provisions re5pecting regulations. Power to make bye• laws. - tH OA1,BTTB Of' IJilDIA BXTRAOJlJ>~AJlY (J) Cbe ,,..,.tJoa of rlla c,f Wet II determieed by tile~ from dme to (lme 1 (') cbe re~•ltlon by lhe Cbalrpenoa C1f iaformldoe IDd ~ froia penoru ll1ble to pay tua; (SJ Ibo notice to be lfYeD lo the Cbalrpmoa by .. , penoa •tao become• tbc owner or po,,u,or of • vehicle or ammaJ in reapect of •bk.Ii uy tu I, pay1ble under this Ordinance; (6) the wc1rin1 of bldae by the driver of uy Ad vdaJcle IDd tbe dlaplay of number plate on 1111c:b vehicle; (1) die ,ubmJ8ak>n of relurm by penom lill>le to pay uy tu Wkler thl, ordhluce: (8) die coUec:don by the rcafatrar of aul>-re,;,trar of DelhJ appointed wider the Rcpt11don Ac:t, 1908 of die additionaJ 111111p dury payable to the Council under thl, Ordinance, tbe periodlc:al payment of such dury to the Council ud the ma.lntenance by such re&Jstnr or sub-reautrar of sepa11te accounts in relation thereto; (9) any other matter relatina to the levy, assessment, collection refund or remission of tuc& under this Ordinance. ' B. Bye-laws rtllllilrt 10 wottr supply, drailragt and stwagt collection (1) tbe power of the Chairperson to close water works for the supply of water, whether for domestic: purposes or 001, or for graltllious use and to prohibil the sale and use of water for purpose of business; (2) the connection of supply pipes for conveying to any premises a supply of water from a municipal waler works; (J) the making and renewing connections with municipal water works; (4) the power of the Chairperson to take charge of privale connec- tions; (5) the power of the Chairperson to aller the position of connections; (6) the cquilable distribution of water supplied to occupiers; (7) the size, material, quality, description and posilion of the pipes and fittings to be used for the puIJ>OSC of any connection wilh or any communication from a.ny municipal waler works and lhe slamping of pipes and fittings and fees for such scamping; (8) the size, material, quality and discriplion of pipes, cisterns and fittings which are found on an examinalion under the provisions of the Ordinance to be so defective lbat I.hey cannot ·be effeclively repaired; (9) lhe provision and maintenance of meters when waler is supplied by measurement; (10) the prohibition of fraudulent and unauthorised use of waler and the prohibition of fraud in connection wilh melers; (11) lhe maintenance of pipes; c:islems and other water works; (12) lhe regulation or prohibition of tb·e discharge or deposil of offensive or obslruclive matler, poJJutcd waler or olher pollu1ed and obnoxious mailer inlo sewers; (1JJ lhe regulalion in any manner not specifically provided for in lhis ordinance of the c:onstruclion, alleration, mainlenance, preservation, clean­ ing and repairs of drains, ven1Ua1ion shafts, pipes, lalrines, urinals, cesspools and other drainage works; (14) the cleansing of drains; (15) lhe prohibition of ereclion of buildings over drains without the permission of the Council; I ni.. vru ..... • • a.. vr INDIA EXT RAOR.DtNAR.y 6) the connection of private drains -' b (1 . d wit munic:f 11) the tocatton an construction of P11 drains, ( rln d • ce&spoo)s, ' 18) the cove a an ventilation of ,.... • ( 'od 'ods -P<>ols· 19) the pen or pen of the day durin '. 12$ d tcharged from any trade permises into mg w~~c}i trade effluent '"" "' I • fr unu:apa) dr • 111,y ..,., (20) the exc us1on om trade effluent f ains; . ' ti' fro · o all COndens• (2l) the elimina on m trade effluent · ~I mg water· . of any constituent which in the oniru'o~ fore it 'enters I lllu ~ . dJatrll• b' • • h ,.. n o the Co . ruapa1 Or in com 10auon wit any matter ..:th . UDCil woutd e· b atone hit • th .. • which 't • • It er . to contact w e p~ing . rough municipal drains . . t • II likely to come iO ·ns or make specially difficult or expensive th IDJure or obstruct tb drll sewage from those drains; e treatment or dislVMl•~f tbC . . . r-- 0 (22) the mwmum quantity of trade emu . . . be . ent which nsent or permtsS1on, discharged from may without any , counicipal drains on any one day and the h" ~y trade premises into ~fluent may, without such consent or perm is/& e~ r~te at which trade ~ade premises into municipal drains; ion, d1SCbarged from any (23) the regulation of the temperature oft d •ts discharge into municipal drains and the St.ra ~ effluent at the time of ~rade effluent (that is to say, that it is neither ac~nng of t~e uentrality of of such discharge. nor alkaline) at the time (24) the charges to be paid to the Coun ·t b . premises for the reception of trade effluent i:o Y ~piers ~f trade disp0S~ thereof; , municipal drams and (25) the provision and maintenance of such an • . mainhole as will en:ible a person readily to take a:nspect!on chamber or what is passing into m 1 unicipal drains from trade pr:ny_ ti~e samples of . . d . m1SCs, (26) the prov1S1on an mamtenance of such meters as • be to measure the volume of any trade effluent being dischma ay d frrequired • • t • • at d • rge om any trade premises tn o mumc1p rams and the testing of such meters· C. Bye-la~s relating to electric supply ' (I) all matters relating to the conduct and management in f · · s I respect o electncity upp Y, (2) the provisions for electric sub-stations in New Delhi· . ' D. Bye-laws relating to streets (1) the closure of streets when any work is in progress and alternative passage during the progress of such work; (2) the erections of a temporay nature during festivals; (3) the setting up of hoards on buildings adjacent to streets during their construction or repair; ' (4) the precautions to be taken when permission is granted to any private individual for opening or breaking up any public street and the fees to be ·paid for the restoration of a street in its original condition; (5) the permission, regulation or prohibition or use or occupation of any street or place by itinerant vendors or hawkers ar by eny person for the sale of articles or the exercise of any calling or the setting up of any booth or stall and the fees chargeable for such occupation; (6) any other matter in connection with the construction, repair, maintenance, naming, numbering and lighting of streets for which provi­ sion is necessary or should be made; E.Bye-laws relating to sanitation and public health (1) the position of latrines and urinals; 126 1llE GAZETTE OFtlNDIA EXTRAORDINARY (2) the provision of •ir spaces between latrines and buildings or place, used for various purposas; (J) the whit~-washing of _b~~dings; . . (4) the regulation or p:roh1bit1on of the stabling or berdang of •nimaJ Class of -~imals so as to prevent danger to public health· s or any . . . . , (S) tbe seizure of ownerlcss anunals straying withm the limits of N Delhi and the regulation and control of pounds; cw (6) tbe filing and regulation of the use of public bathing and Wa.shiog places; (7) the prevention of the spread of dangerous disease; (8) the segregation in. or. the ~emoval or ~xclusion from any Part of New. Delhi or the destructi?n of. animals suffen.ng or ~easonably suspected to be suffering from any infectious or contagious d1SCue; (9) the supervision, regulation, conservation and protection from injury, contamination or trcspw, o.f 5?Ur~es _and means of public water supply and of appliances for the distnbut1on of water; (JO) the enforcement of compulsory vaccination and inoculation; (1 J) the proper disposal of corpses, the regulation and management of burning and burial places and other places for the disposal of corpses and the fees chargeable for the use of such places where the same are provided or maintained at the expense. of the New Delhi Municipal Fund. (12) the provis~o.n of living accomm~ation for sweepers in buildings newly erected requmng ten ~r more latnnes; F. Bye-laws relating to vital statistics (J) the prescribing of qualifications of persons to be appointed as chief registrar, additional chief registrar and registrar under Chapter XVI; (2} The registration of births and deaths and marriages and taking of a census. G. Bye-laws relating to public sa/tty and suppression of nuisances The regulation or prohibition for the purpose of sanitation or the prevention of disease or the promotion of public health for the purpose of sanitation or the prevention of disease or the promotion of public safety or convenience, of any act which occasions or is likely·to occasion a nuisance and for the regulation or prohibition of which no provisioQ is made elsewhere by this Act. H. Bye-laws relating to marktts, slaughter housts, trades and occupation, (J) the days on, and hours during which any market or slaughter house may be kept open for use; (2) the regulation of the design, ventilation and drainage of markets and slaughter house the materials to be used in the construction thereof; (J) the keeping of markets and the slaughter house and the lands and buildings appertaining thereto in a clean and sanitary condition, the removal of filth, rubbish and other polluted and obnoxious matter therefrom and the supply therein of pure water and of a sufficient number of latrines and urinals for the use of persons using or frequenting the same; (') the provision of passages of sufficient width between the stalls in market buildings and market places for the convenient use of the public and the prevention of encroachment of such passages; (5) the setting apart of separate areas for different classes of article in market buildings and ·market places; (6) the proper custody and care of animals for the keeping of which licences are granted under siction 287; 0 ... - u, INDIA EXTRAo RDINARy (1) the regulation of the impon f . o animals • •nd "·- 127 pe~•~.; . • '"-'h ,tltbbl (8) the rcndenng necessary of licences t Ne., " Delhi ts stables or. cow-houses or or the use of Prtniisea :at or buffal~ and the ~ees payable, for~u: 1~ecoDlmodatfon for :~in b'ect to which such bccnccs may be cences and the cond'ti P, sU i &ranted re"··-J 1 ona revoked; . , ,uac;a, suspended or (9) the regulation of sarais hotels h d • h , , ostels gu galoWS, to ging ouses, boarding houses b '. . est houses, dak bun. residential clubs, restaurants, eating houses , t uildings, let-in-tenements places of public recreation, entenairunent, 0 ~ :~re~reshment rooms and (JO) the control and supervision f rt, offensive trades are carried on so as t O places where dangerous • • • u • . o secure clean1· or minimise mJunous, ouens1ve or dangerous effects . . mess therein or to therefrom; •nsing or likely to arise (11) the regulation of the posting f b'Us , the position, size, shade or style of the :am~ bo and a~vertisements and of and sign-posts; ards, sign boards, hoarding (12) the fixation of .a method for th measure, weight, piece or any other mctt)d~le of articles whether by (13) the procedure. regarding the , factory, workshop or trade premises; grant of permit to establish 1 (14) the regulation of smoke in fa t . premises; c ones, workshops and trade (15) the regulation of sanitary conditions i f . trade premises; 0 actones, workshops, and (16) the regulation of the use in an f t premises of whistle, trumpet, siren oi horny w:~ 0J b workshop or trade air, electricity or other mcchanic~I means· r e Y steam, compressed ' (17) the prevention of nuisance in any market b ·tdi k f ksh u1 ng, mar et place or any actory, wor op or trade premises; ' I. Bye-laws r:.elating to improvtmtnt (1) the form and content of 8'1 improvement scheme or a rehousing scheme; (2) the procedure to be followed in connection with the framing submission, approval and sanction of such schemes; ' (3) the local enquiries and other hearings that may be held before a scheme is framed, approved or sanctioned; ( 4) the alteration of an improvement scheme or a rehousing scheme after approval and· sanction; - J. Bye-laws relating to misullantow matters (1) the circumstances and the manner in which owners of land or building in New Delhi temporarily absent therefrom or not resident therein may be required to appoint as their agents for all or any of the purposes of this ordinance or of any bye-laws made thereunder, persons residing within or near New Delhi; (2) the maintenance of schools and the furtherance of education 1ene~aUy;, . . . . (J) ~ . regula~ aad control of mu~p•l d11pemanes; , . (4) ~ renden•1 Deeallry of ~nces.- . .; . • .·. (•) for the propricton or driven of hadme:,-cunap; c:,clei, 12' Tim GAZETTE OF INDIA EXTRAORDINARY ricbbaws, thelu and rehries kept or plying for hire or used hawking articles; (b) for persons working as job-porters (or the conveyance of g (5) the classification of cinema theatres for the purpose of the Schedule; (6) any other matter which is to be or may be prescribed by bye-la made under this Act or in respect of which this ordinance makes provisions or mates insufficient provision and provision is, in the opin • of the Council necessary for the efficient municipal Government of N Delhi. Replariont ud bye-lawl to be laid before Parliament. ,389. The Central Government shall cause every regulation made under t Act and every bye-law made under section 388 to be laid, as soon as may after it is made. before each House of Parliament, while it is in session, for total period of thirty days which may be comprised in one session or in two more successive sessions, and if, before the expiry of the session immediate following the session or the successive sessions afore said both Houses agree making any modification in the regulation or bye-law or both Houses agree th the regulation or bye-law should not be made, the regulation or bye-law sh thereafter, have effect only in such modified form or be of. no effect, as the may be; s_o, however, that any such modification or annulment shall be witho prejudice to the validity of anything previously done under that regulation Penalty for breaches of bye-laws. SupplementaJ provisions respecting bye-laws. Bye-laws 10 be avaitable fotlmpec­ tloo ud purchue. bye-law. 390. (1) Any bye-law made under this Act may provide that a contraventio thereof shall be punishable- (a) with fine which may extend to five hundred rupees; and (b) with fine which may extend to five hundred rupees and in the cas of a continuing contravention, with an additional fine which may extend t, twenty rupees for every day during which such contravention continue after conviction for the first such contravention; (c) with fine-which may extend to twenty rupees for every day durin1 which the contravention continues, after the receipt of a notice from the Chairperson or any municipal officer duly autho~sed in that ~half, by th person contravening the bye-law requiring such person to discontinue sue contravention: Provided that a contravention of any bye law relating to the road transport services may be punishable with imprisonment which may entered to there months, or with fine which may entered to fifteen hundred rupees, or with both. (2) Any such bye-law may also provide that a pe~on contravening the same shall be required to remedy so far as lies in his• power, the mischief, if any, caused by such contravention. 391. (J) Any power to make bye-laws conferred by this Act is conferred subject to the condition of the bye-law being made after previous publication and in the case of such bye-law being made by the Council of their not taking effect until they have been approved by the Government and published i'l the Official Gazette. (2) The Government in approving a bye-Jaw may make any change therein which appears to it to be necessary. (3) The Government may, after previous publication of its intention, cancel any bye-law which it has approved, and thereupon the bye-law shall cease to have effect. 392. (1) A copy of all bye-laws made under this Act shall be kept at the municipal office and shall, during office hours, . be open free of charge to inspection by any inhabitant of New Delhi. ···--•,--.. ,I L:, UF INDIA EXiRA 0RDINA.Ry Z) Copies of all _such bye-laws shall be 1 (,nld to t.he pubhc at cost price eith _kept at the . 29 t,e - er sing) mun1cip 1 Purchaser. Y or in col) . a Office ihe C ect1ons at th llld sban 1-IAPTER XXII e option of CoNTRoL "93. The Central Government or G .} overnme C!Jairperson- nt may at an . y time requite the (a) to produce any record co . , rrcspond his poSSCSSIOn or under his control · ence, plan or th (b) to furnish any return 1' 0 er document in · • I • •· P an esf s1a11sucs re atmg to the proceeding ,d . imate, statcm . s, uttcs ent, •cco (c) to furnish or obtain and f . or works of th Co unt or urmsh a e unc"I· -194 The Central Government or Gov . ny report, 1 , .1 • . • • ernmcnt rvict of Government to inspect or exam· may depute an . : any service or work undertaken by th;Co any _municipal dep~ person m the the eouncil and to report thereon and the ~ 11 0 ~ any propcrt;~l~~r _office municipal officers and other municipal employe~nctl, !he Chairperson :g ~o n.!rson so deputed access at all reasonable 1• shall be bound to aft d 11 r· . d II imes to the . ,or the of the CounCJI an to ~ records, accounts and other d premises and properties of which he may consider necessary to enable him toocu_ments the inspection 395, If, whether on receipt of a report or O . discharge his duties. . d d . n receipt of a • f reparl obtame un er section 393 or section 394 ny m ormation or Government is of opinion,- or othen;vise, the Central (a) that any duty imposed on the Coun il b been perfo1:ned or has been perfonned i; Y _or under th_is Act has not unsuitable manner; or an imperfect, insufficient or (b) that adequate financial provision has not b performance of any such duty, een made for the ir (llBY direct the Council or the municipal authority . . · h" ks fi le concerned w11hm such nl'riod as 11 1 m 11, to ma e arrangements to its sai15• f t' , r- f h d ac 10n ,or the propc perfo~man~ o t e. uty, or as the case may be, to make financial rovi • r its sa11sfact1on for the performance of tbe duty and the Counc'I hp sion, 10 . . 1 or t e municipal authonry concerned shall comply w11h such directions: Provided that unless in the opinion of the Central Go th . . . · • vernment e immediate execution of such order JS necessary, it shall before maki· . . d h' . . h ng any direc11on un er t JS section gave t e Council or the municipal autlio •1 d • f h • ny ronceme an opportunity o s owmg cause why such direction should not be made. ~96. If, wit~in the pe.riod fixed by a_ direction made under section 39S, any 1C11on the taking of which has been directed under that section hu not been duly taken, the Central Government may make arrangements f~r the taking of Aidt action a.nd may direct that all expenses connected therewith shall be dcfnyed out of the New Delhi Mµnicipal Fund. l'1. (l), The Central Government may give the Council all such directions as ii tomiden necessary in respect of subjects, curricula, text books, standards and mttlK>ds of te.cbinJ in primary schools. ve~ted in the Council or maintained 111ioUJ or partly by Jnllll paid out of t~e New Delhi Municipal Fund and in rcspttt of IUCb ocher mauen u that Government considers necessary and the Caacil JhlJI a>mply with all such directions. (1J IJ sbD be lawful for uy officer appointed by the Central Governme~t in bd.1ll lO la.1pcct any sucb sdlool: •~ aU reasonable facilities shall be given tD .. offirn io t'OCIDH1ioa with the inspection. Directions by Central Government. Power to proride (Of eaforcetnenl <If ciredion uder section 39S. Power o( Ceaml 0o¥el'IIJDCIII 10 re diRctioas ia rdatiol 10 primary ldlooll, etc. Dissolution of the Council. Delegation of power by 1he Central Government. Power 10 delega1e functions of Chairperson. Validity of no1ices and other documents. Admissibility of document or entry u evidence. 130 nm GAZETTE OF INDIA EXTRAORDINARY IPART 11- t after considering the report of inspection made (3) The Central Gov~mmhen Council such directions as it considers necessary by such officer, may give t ~ with such directions. and the Council shall ~~p y of the Central Government, the Council is not 398. (1) if, in :f1e op1~1open rsistently makes default- competent to peuorm, o . . .J ce of the duties imposed on 1t by or under this Act or (a) in the pc, ,orman • h Jaw or exceeds or abuses its power; or any ot er , • d • 1 . d Ii er efficient service to the pubhc an generally m regard (b) or fails to e ~. . to the municipal adm1mstrat1on, o~ . . · 1 •th the directions given to the Council by the Central (c) to comp Y w1 • Government in regard to matters relating to (a) and (b) above, al G ment may by an order published, together with a statement Centr overn . . • there&or in the Official Gazette, dissolve the Councd: of the reasons 11 , • • Provided that the Corporation shall be given reasonable opportumty of being heard before its dissolution. . (l) when the Council is dissolved by an o~der under sub-section (1)- (a) all members including the c_hairperson shall, on. the date of dissolution, vacate their offices as such ·members and Chauperson; (b) during the period of dissolution of th~ Council, all po~ers and duties conferred and imposed upon the Council by or . under this Act or any other Jaw, shall be exercised and perfo~ed . by such officer or authority as the Central Government may appomt m that behalf; and (c) ,all property vested in the Council shall, until it is constituted, vest in the Central Government. (3) An order of dissolution made under this section together with a statement of the reasons therefor shall be laid before each House of Parliament and the Legislative Assembly of the National Capital Territory of Delhi as soon as may be, after it has been made. CHAPTER XXIII MISCELLANEOUS 399. The Central Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act shall, subject to such conditions, if any, as may be specified in the notification be exercisable by the Government or any of its officers or by the Chairperson or any other authority. 400. The Chairperson may by order direct that any power conferred or any duty imposed on him by or under this Act ~hall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercised and perf orme4 also by any municipal officer or other municipal employee specified in the order. 401. No notice, order, requisition, licence, permission in writing or. any other document issued under this Act shall be invalid merely by reason of defect of form. 402. A copy of any receipt, application, plan,. notice, order or other document or of any entry in a regi~ter in the possession of the Council or the Chairperson shall, if duly certified by the legal keep~r thereof or other person authorised by the Chairperson in this behalf, be ad~nissible in evidence of the existence of the document or entry, and shall be admitted as evidence of the matters and transactions therein recorded in every case where, and to the same extent to which, the original document or entry would, if produced, have been admissible to prove such matters and transactions. THl.1 GAZC:.11l:. OF I 11 NDIA EXT ~• --~ RAORDtN ,6-,.._;..-- ARY '?' ?-Jo rnunicipal officer or other m • • 40);d;,gs 10 wh;ch the Coundl ;s not unoapal etnplo e Ill P~et or d•'""''"' the contents of whkh a pany' be r~: •hlll, ;, •• ~1\ed coPY• or to appear as a w;tncss can be pro,cd u~ to P'Od.!., i.g,1 «~• de<! therein ,a,e by order of the to pro,e any er..,.;,. 401 lny rcc~t No person shall obstruct or molestcohurt made for ~at!er ot transa~t'. •~· t c c • l'Ceial ca ~'°" . ,.Ch';rperson or any member or any er ounal or the ..... v,c n w;th whom the' Cha;rperson has p son •tnplnycd b Cb-llO• or th P""° cil ;n the performance of thc/;tered ;n10 a..,,.:,, the Counal ora.' eo•:wcrcd or required to do by ,inuc 0:'in or of anyth;n: ': _hchaU of th: "'' p.ci or of any rule, regulation or b consequence 01 hKb tbey .,, tb!S40S No person shall remove any markye-law made thcrcunand y provision of · d' · · 'd set up f er ~,el or ,,cct,on ,na ental to the e or the pu • snYt or of anY rule or bye-law made ,~':"tion •faoy work ':'th 0 ! indicating AC . rcunder. onscd by this 41)6 . No person shall, without authon·t • · bl' Y 10 that be d f ace or otherwise o iterate any notice cxh'b' half remo e h Ch . " I tied b • vc, dcstro o,uncil or t e at, person or any mu • • Y or under ord Y, .np\oyec specified by the Chairperson in nt1h~pal officer or other ers o~ _the e .. , 1s behalf mumapal 401 • No person shall, without authority in th • thCr material or depos;t any matter or mak at bcball, remo,c earth s d o y tand vested in the Council or in any e any encroachment from • inan or an way obstruct th • or on c same. 40 s. (1} Every member, C~airpcrson, and ever mun· • _ • .,;.;pal employee shall be hable for the loss y ,ap~I omccr aod other '" h • waste, or m1sap 1· • .., 0 neY or ot er property owned by or vested in th C • • P 1cat1on of any '" . . . d' e ounc1l if su h 1 or rnisapphcauon 1s a 1rect consequence of his neg! t ! c oss, waste . b . . d cc or mtSCOnduct d • for .,,mpensauon may e ,nstotutc against h;m by the Coun • • an a suot sanction of the Central Government or by the Cc t I Geil wi th the previous n ra overnment. (2) Every such suit s~all be instituted within three ears aft wh;ch the cause of acuon arose. Y " th e date o, 409, Every member, the Chairperson, and every munici'pal offi d · · I I h 11 b d iccr an other munic1pa emp oyee s a e eemed to be a public servant w'th' th • · f h · 1 ID e meanmg of sectton 21 o t e Indian Penal Code, and in the definition of "I 1 · " · · 161 f h C ega rcrnuncra11on ID section o t at ode the word "Government" sh II f h f h . . b d a , or t e purp0se o t 1s secuon, e ccmed ,to include the Council. EYidence oC M1111icipal olli:tr or tmployee . Prohibition ~ Obunaaion of any municipal authority. Prohibition against removal of mark. Prohibiti<>n against removal or obliteration of notite. Prohibition against unauthorised dealings with public place or materials . Liability of Chairpcnon, etc., for loss , waste or misapplication o[ New Delhi Municipnl Fund or property. Members and Municiapal officers and employees to be public servants. ,00, (1) As soon as may be after the first day of April in every year and·not \llCf thao such date as may be fixed by the Central Go.ernmcnt ;, thO behalf, the o,uncil shall subm;1 to that Go,crnment • deta;!ed report of the mun;dp•I l",cmment of New De!M during the preceding year ;, such form as that c;ovenmcnt may direct. (l) The Cha;rpcrson shall prepare such rcpon and the Council shall cons;dc, a ,ntl forward the same to the Central Go.ernmcnt w;th ;~ rcsolut;on thereon, 4S of 1860. Annual ad· ministration report. (JJ Copie, of the rcpon shall be kept for sale at the mun;dpal olficc. if any. m. Sa• as pro'1ded ;n thO /'>Cl nothing cont~ncd ;n th0 Act shall be .-,...t as outhon"'' the disregard by the Council or the Chmrpcrs1,n ~r a~! .,.,rip>I offi«• or other mun<ip>I employee of any laws for the umc bemg m klRr Other Jaws not to be dis• regarded • - THE GAZETTE OF TNDJA EX'l'rAORDINARY ~" .,.,.. . --- . ... ,.,. 411. The Central Government may, by order in the Official Gazette, ~empt from the payment of any. tu, rate, fee . or other charge payable under the provisions of tbJJ Ordinance, any diplomatic or cousular mis.1ion of a foreign State or the High Commission of a Commonwealth country and any official of IUdl million or High Commission . ... of la, .. O!Mrldiue of .. fereaca. Couacil ID uadertlte wort c,­ t,eacr bllil. Power to .. mowe cif. ficuldes. Repeal ud smo,s. Pwijab Ad 3 of 1911. 413. After the establishment of the council any reference in any enactment rule, bye-law, order, scheme, notification or other instrument having the fo~ of law, to New Delhi Municipal Committee shall, unless the context or subject otherwise re9uires, be construed as a reference to the Council. 414. Notwithstlnding anything contained in any other provision of this Ordinance, the Council may on such terms and condition, .. and as may be determined by agreement between the Council aqd any other authority, body or person, carry out any work which is not connected with its functions on agency basis. 415. If any difficulty arises in ~elation to the transition from the provisions of any of the laws repealed by this Ordinance, or in giving effect to the provisions of this Ordinance, the Central Government m_ay, by order as occasion requires, do anything which appears to it to be necessary for the purpose of removing the difficulty: Provided that no such order shall be made after the expiration of two years from the date of establishment of the Council. 416. (1) As from the date of the establishment of the Council, the Punjab Municipal Act, 1911, as applicable· to New Delhi, shall cease to have effect within New Delhi. (2) Notwithstanding the provisions of sub-section (1) of this section,- (a) any appointment, notification, order, scheme, rule, from notice or bye-law made or issued, and any licence or permission granted under the Act referred to in sub-section (1) of this section and in force immediately before the establishment of the Council, shall, in so far as it is/ not inconsistent with the provisions of this Ordinance continue in force and be deemed to have been made, wued or granted, under the provisions of this Ordinance, unless and until ·it is superseded by any appointment, notifica- tion, order, scheme, rule, form, notice or bye;Jaw made or issued or any licence or permission granted under the said provisions; (b) all debts, obligations and -liabilities incurred, aII contracts entered into and all matters and things engaged to be done by, with or for the New Delhi Municipal Committee before the establishment of the Council shall be deemed to have been incurred, entered into or engaged to be done by, with or for the Council under this Ordinance; (c) all budget estimates, aSSCS$ments, ~aJuations, measurements or divisio.;s made by the New Delhi Municipal Committee shall in so far as ihey ·are not inconsistent with the provisions of this Ordinance, continue in force and be deemed to have been made under the provisions of this Ordinance unless and until they ~ supersedeq by any budget estimate, assessment, valuation, measurement or deviation made by the Council under the said provisions; (d) all properties, movable and immovable and all interests of whatsoever nature and kind therein, vested in the New Dellii Municipal Committee immediately before the establishment of the Council shall continue with all rights of whatSO(~ver description, use, enjoyed or poswed by New Delhi Municipal Committee vest in the Council; (e) all rates, taxes, fees, rents and other sums, of money due to the New Delhi Municipal Committee immediately before the establishment of the Council shall be deemed be due to the Council; (I) all rates, taxes, fees, rents, fares and other charges shall, until and TH3 GAZETTE OF INDIA EXl'RAORDtNARy '""' 1J ~ - . · Ill f 5 ,,~ re vaned by the Council continue to be 1 . ~ ~1ess theYh.ach they wer~ being levied by the N evD1cd at the san.... 1111 t w 1 • • b t h ew elhi 11 . "l'I; te a ·mmediately e,ore t . e enforcement of th' 1Y1Un1cipal ra ittee 1 • IS Act· co\11111 suits, prosecutions and other legal Pl"Oceedi '. . (g) ~~ have been instituted by or against the N ? 1~Sb!ut'.d 01 ,.,hjch nug tmay be continued or instituted by or age~ elhi Municipal " ittee ainst the Council 0,111111 ex enditure incurred. during the perio,t between t · 1• (I) ~nY O lnance and establishment of the Council und he commence. 41 of this th~ Act shall be borne by the Central Gov er any of the ent of JS • d h II ernment and the ~ ,~;oos eipenditure so rncurre s a _on such estabiisnment be pto nt of th• Government out of the New Delhi M . , I recover­ aJ!lou that umc1pa Fund. 3blC bY Ct of the period between the establishment of the Counc'J d • respe d b h C ·1 i an (2) If•~ n of the first bu get y t e ouncr further expenditure from the tb' ,dOpll~ Municipal Fund becomes necessa:Y over and above the expenditure ~ 1 w oelh 1 • d for that year by the sanchoned budget estimate the Council 1,e utbonse h · h · ' hereto a • pplementary statement s owmg t e estimated amount of that t I adopt a su ' shal d'ture. . h expen 1 item of expenditure shown m t e _supplementary state~ents adopted (3) Ever}' •1 b II be deemed to be expenditure covered by a current budget-Counc1 s a . 47 by the . in the meaning of section . gr,nt wrtb lementary statement shall be prepared, presented, and adopted;, (4) The supp nd shall provide for such matter as may be determined by the b manner a sue il • d • h' 0 d' h C eounc • • d"ng anything contame m t 1s r mance, t e enlral 41s. Notwi!h5tan .; necessary, appoint a person to be called the Special Government may' :h powers and discharge the functions of the Council until officer, to exe~c,seh efirst meeting of the Council is held after the commence­on which t e the dayf this Ordinance. ment o~:_:=------ ------------ ~~llCnditurc I~ coh ""'ction wn Council affairs from lhe co111. menccmcnt of this Ordi, nance to the adoption of the budget by the Council. Transitory provison. nm OAZETJ'C OF INDIA l!XTRAORDrNARY 1llE FIRST SCHEDULE lsee section 2(27)) BoUl'ft>ARJES o, NEw Own The area bounded by- The junction of the Pusa Road and Upper Ridge Road towards east along th New Link Road, the Panchkuian Road upto its junction with the Old GurgaO: Road; thence towards northeast along the Old Gurgaon Road and Chcmsford Road upto the New Delhi Railway Station; thence towards south and south east along the railway line upto its junction with the Hardinp Bridge; thence towards south along the Mathura Road upto its junction with Lodi Road; thence toward south along the Lodi road, upto its junction with the first road leading to Lod~ ~1.ony;. then~ towar~ south. along the first road leading to Lodi Colony ipt~ its Junction with the Rang Railway thence towards west along the railway line upto its junction with Qutab Road; thence towards south along the Outab Road upto to its juction with Kaushak Nalla; thence topwards east along the Kaushak Nalla up to its junction with the Boundary of the Corporation; thence towards south and thence towards west along the boundary of the Corporation and along the Medical Enclave upto its junction with t~e Ring Road near Gwalior Potteries; thence towards north-west along the Ring Road upto its juction with Kitchner Road, thence towards north along the Upper Ridge Road, up to the starting point. THE SECOND SCHEDULE [See section (8.2)) RATES OF TAXES LEVIABLE ON VEIIICLES AND ANIMALS Maximum amount of tax per annum for vehicles For vehicles with pneuma• without tyres. tic tyres. Rs. I. Each fourwheeled vehicle drawn by camels, horses, ponies, mules, donkeys bullocks or buffaloes- 12 (a) Labour carts (b) Other vehicles in this class 32 2. Each two wheeled vehicle drawn by camels, horsts, ponies, mules, donkeys, bullocks or buffaloes- (a) Labour carts • (b) Other vehicles in this class 3. Each vehicles drawn or impc:lled otherwise than by camel, horses, ponies, donkeys, · buffalosc or machinery. 4. Each cycle rickshaw 5. Each bicycle 6. Eacli camel 7. Each horse, pony or mule of a height of 12 hand or upwards 8. Each horse, pony or mule of a height of less than 12 hands 9. Each bullock or buffaloe kept for drought or pack 10. purposes Each donekey/ass kept for draught or pack purposes or for riding II. Each pig u. Each dog 13. Each she-buffalo kept for milking 14. Each cow kepi for milking 8 16 8 6 48 V Maximum 24 16 24 12 amount of tax per annum 6 J 10 20 10 8 4 s so 30 v .... rype of entertainment ctass I cinema theatre CJass II cinema theatre Maximum amount of tax Rs. 10 per sho Rs. 10 per sho:· Rs. 7 per sh • orama, concert, circus, entertainment or tamasha earnival or f etc ADY other entertainment variety ow. Rs. 10 per da R y. 4. s. s. 7 per show or 'f separate shows R , there arc no __.. s. 7 per da Explanation. For the purposes of this Schedule Class . Y • _ Class II cinema theatres mean theatres classified . 1 cinema theatres and Cl II • • respectively Cl heatres and ass cmema theatres by bye-la . as ass I cinema t ws made m this behalf THE FOURTH SCHEDULE • [See section 88(1)] TAX ON ADVERTISEMENTS OTHER lliAN ADVERTISEMENTS NEWSPAPERS PUBUSHEO TN THE s.No. Particulars I. Non-illuminated advertisements on land, building, wall, hoardings, frame post, structures, etc.:- (aJ For a space upto 10 sq. ft. (b) For a space over 10 sq. ft. and upto 25 sq. ft. (c) For every additional 25 sq. ft. or less 2. Non-illuminated advertisements carried on vehicles, drawn by bullocks horses or other animals, human beings, cycle or any other device, carried on any vehicle or tramcar- (a) For space upto SO sq. ft . (b) For every additional SO sq. ft. or less 3. Illuminated advertisement boards carried on vehide,­ (aJ For a space upto SO sq. ft. (b) For every additional SO Slj ,. ft. or less 4. Non-illuminated advertisements boards, carried by sandwich boardmen (a) For ech board not exceeding 10 sq. ft. (b) For each board exceedings 10 sq. ft. and upto JS sq. fl. {c) For each additional 10 sq. ft. in area or less S. Jlluminated advertisements boards, carried by sandwich boardmen (o) For each board not exceedinsg 10 sq. ft. (b) For each board exceeding 10 sq. ft . and upto 25 sq, ft. (r) For tacit additional JO sq. ft. or ltss. 6. Jlbunin111til odwnisemtnJJ on /and, building wall or hoarding, frame, post, SlrlK1uru el€. - (11} For a space over 2 sq. ft . (b) For a space over 2 sq. ft. a.nd upro S sq. ft. {rJ For a space over S sq. ft. and upto 25 sq. ft. (d) For every additional ZS sq. ft. or less. . l A~rtlltineau uhibited on screen in cinema ho~ and orber public plat by anwu of laa1er11 slides ot similar dtvictr­ <•J far a space upco S sq. ft. ft (&J r« a space O\'er .s sq. ft . and upro 25 sq. • (rJ Far t"i'tfJ additioaal 25 sq. h. or !tu ' Maximum amount of tu per annum Rs. 18 30 30 120 120 240 240 24 48 24 24 48 60 60 96 120 120 136 TifE GAZETTE OF INDIA EXTRAORDINARY S.No. Partlculan 8. 9. Noa-Illuminated advertisements suspanded across streett­ (a) For I spece over 10 sq. ft. (b) For a space over 10 sq. ft. and upto 2S sq. ft. (c) For every additional 2S sq. ft. or less N .Jlluminatcd advertisements hoarding standing blank but bearing on "Tbel" the name of the advertiser or with the announcement o ct displayed thereon- • (a) For a space upto 10 sq. ft. (b) For a space over- 10 sq. ft . and upto 2S sq .ft . (c) For every additional 2S sq. ft • . or less Rs. 18 30 30 9 15 IS Permission to auctioneers to put up not more than two boards or 200 including the reasonable size advertising each auction sale, othc~ than . th~sc in rent for exhibiting premises where the auction is held, one on a prominent site m the the board on a locality and one on municipal lamp post. municipal lamp post. THE FIFTH SCHEDULE (See Section 95(1)] T AX ON BUILDING APPLICATIONS S.No. Arca For the first storey For the second storey or any sub-sequent storey. Rs. Rs. per storey I. For a ground area up to 100 sq. yds. 20 40 2. For a ground area of more than 100 sq. yds. but 60 120 not exceeding 250 sq. yds. 3. For a ground area of more than 250 sq. yds. but 150 300 not exceeding 500 sq: yds. 4. For a ground area of more than S00 sq. yds. but 300 600 not exceeding 1,000 sq. yds. 5. For a ground area of more than 1,000 sq. yds. 600 1500 N.B. 1.- For purposes of assessment and calculation of the tax, ground area shall mean the area of the portion which is proposed to be built upon including the internal courtyard. N.8. 2.- For purposes of the above Schedule, the basement where provided will be regardrd as the first storey, the ground floor over the basement as the second storey and ~o -on. N.B. 3.- In cases, where an application is deemed to have been sanctioned under the provisions of sec.tio~ 282 the tax shall become payable in the same manner as in cases where an application is sanctioned. N.8. 4.- In case an application is rejected 5 per cent. of the tax due shall be retained and the balance shall be refunded to the applicant, under the orders of the Chairperson. THE SIXTH lsCHEDULE (Su section 100 (l}J Noncr OF DEMAND fo ~ t<:hrimati 5hrvv t residing a take no.tice that the Chairperson N Please ·1 d , ew Dclh" M counc1 cm ands I unicipal sum of Rs. due f from 'b h rom the (here (jescn e t e property, occupation · on account of f which the sum is payable) 1' ~1rbcumstance or thing in rv>..ct o . ev1a le und rCSr· period of commencing on the day er for th~ding on the day_ of . 19 , and that if . . o~ 19 ' and e h service of this notice, the said sum is not .d • within thirty days f rn t e f . pa1 to the Ch • ro • ufficient cause or non-payment 1s not shown t . a1rperson at ?r :rson a warrant of distress or attachment will beoi the satisfaction of the Chairp ame with costs. ssued for the recovery of the s Dated this day of 19 (Signed) . Chairperson New Delhi Mqnicipal Council THE SEVENTH SCHEDULE [See section 102 (1)) FoRM· OF WARRANT (Here insert the name of the Officer charged with the execution of the warrant) WHEREAS A.B. of has not paid, and has not shown satisfactory cause for the non-payment of, the sum of due on account of (here describe the liability) for the period of commencing on the day of 19 , and ending with day of 19 which sum is leviable under AND W11EREAS thirty days have elapsed since the service on him of notice of demand for the same. This is to direct you to distrain/attach the moveable property/immovable property (described below) of the said A.B. of a value approximately equal to the said sum of Rs. subject to the provisions of the New Delhi Municipal Council Ordinance, 1994, and the bye-laws made thereunder and forthwith to certify to me, together with this warrant, all particulars of the property seized/attached by you thereunder. Dated this day of 19 Description of immovable property. (Signed) Chairperson New Delhi Municipal Council - nm GAZ[ffTC OF INDIA EXTRAORDINARY 11-l'E EIGHTH SCHEDULE (Stt Section 103 (2)) FORM 01' iNV£1'1TORY OF PROPERn' DISTRAINED AND NOTICE OF SAL£ To Shri!Shrimati residing at . • Please take notice that I have this day seized the property specified in th inventory annexed here to for. the v_alue of . due for the liabilit ~ (Herc describe liability") mentioned in the margin for the period comm • Y the day of , 19 , and ending with the cncing ~~ 19 together with Rs. due for service of not' day demand, a~d that' unless ~ithin tenhdays_dfrom the date of the_ service ~~th~! notice you pay to the Chairperson t e sat amount, together with the cos recovery, the said property will be sold by public auction. ts 0 1 Dated this day of , 19 (Signature of officer executing the warrant) Inventory Here state particulars of property seized. THE NINTH SCHEI;>ULE [See section 327 (1)] PART I PURPDSES f"OR WHICH PREMISES MAY NOT BE USED WITHOUT A LICENCE Carrying uut any of the following trades or operations connected with trades:- !. Baking 2. Cinematograph films. Shooting of- 3. Cinematograph films by any process whatsoever. Treating of- 4. Chilies or masala or corn or seeds. Grinding of by mechanical means- 5. Cloth, yarn or leather in indigo or in other colours. Dyeing or printing of- 6. Cloth or yarn, Bleaching- 7. Eating house or a catering establishment keeping of an- 8. Grain. Parching- . 9. Ground-nut-seeds, tamarind seeds or any other seeds. Parching- 10. Hair dressing saloon or a barber's shop. keeping ~f a- ll. Hides or skins, wh.ether raw or dried. Tanning, pressing or packing- 12. Laundry shop. Keeping a- 13. Leather gooqs. Manufacturing of by mechani_cal means- 14. Litho press. Keeping a- 15. Lodging house. Keeping of a- 16. Metal. Casting- • 17. Precious metals. Refining of-or recovering of them from embroidcries- 18. Printing press. Keeping a- 19. Sweetmeat shop except in premises already licensed as an eating house Kecping- 20. Carrying on the trade or business of or any operation connected with th1 trade of- (i) Autocar or autocycle servicing or repairing. (ii) Blacksmithy. (iii) Coppersmithy. (iv) Electroplating. (v) Glass bevelling. (vi) Glass cutting. S1 1 • 'I~- • -~::=-- •• .,,,'tl\(ty ~;-? (vii) Glass polishing. ----==-=-~ D~ (viii) Goldsmithy. ~~ (ix) Marble cutting, grinding dr . ~ (x) Metal (ferrous or non-f' . cssing or pot· h' I) . errous 1s 1ng previous meta cutting or treat' or antimo • pressing, fi!ling, polishing, hcatint~r ~etal by ha:~e~~t excluding or assembhng parts of metal. Y any other p tng, drilling (xi) Photography-studio. roccss Whatevc; (xii) R~dio (wireless recci~ing set) . manufactunng. selling, repairin .. (xiii) Silversmithy. g, servicing or (xiv) Spinning or weaving cotto . with the aid of power. n, silk, art silk, or jut (xv) Stone grinding, cutting d . e or wool (xvi) Timber or wood sa;in:e:;ng or_ polishing. clcctrical power. cutting by mecha • 1 . mca 0 ( vii) Tinsm1thy. r ( viii) Washerman's trade. (;iX) Welding of metal by electric, gas or an . . . y process whatsoeve 21 Manufactunng, parching, packing, pressing cl . r. • · d' • b ' eamng clea • lting gnn mg or prepanng y any process whateve ' nsmg, boiling rnc ' r any of the follow· ' rticlCS- tng 8 (i) Aerated waters. (ii) Bakelite goods. (iii) Bidis (indigenous cigarettes), snuff · . (iv) Bitumen ' cigars or cigarettes. (v) Blasting powder. (vi)Bones. (vii) Bricks or tiles by hand power. (viii) Bricks or tiles by mechanical power. (ix) Brushes (x) Candles. (xi) Catgut. (xii) Celluloid or celluloid goods. (xiii) Cement concrete designs or models. (xiv) Charcoal. • (xv) Chemicals. (xvi) Cinematograph films stripping in connection with any trade. (xvii) Cosmetics or toilet goods. (xviii) Cotton, cotton refuse, cotton waste, cotton yarn, silk, silk yam, silk inclusive of waste yarn, art silk, art silk yarn , wool or woollen refuse or waste. (xix) Cotton seeds. (xx) Da_mmar. (xxi) Dynamite. (xxii) Fat. (xxiii) Fireworks. (xxiv) Flax. . (xxv) Ink for printing, writing, stampmg, etc. (xxvi) Oas. (.avii) Ghee. . (xxviii) Glass or glass articles. (uiz) Gunpowder. (.cu) Hemp. (.rm) Jee (Including dry_ ice). (z.ui.lJ Insecticide or dismfectants. TI-IC OAZETTE OF JNDIA CXfRAORDINARY =====-============== (x.oiii) Leather cloth or rexine cloth or water proof cloth. (xxxlv) Lime. (xxxv) Linseed oil (xxvl) Marches for lighting (including Bengal matches). (xxv/1) maurcsses and pillows. (xxviii) Offal. (xxxlx) Oil-cloth. (xi) Oil other rhan petroleum (either by mechanical power or by band power or ghani driven by bullock or any other animal). (xii) Pharmaceutical or medical products. (xiii) Rubbers or rubber goods (xliii) Paints (xliv) Paper or cardboard. (xiv) Pickers from hides. (xlvi) Pitch. ( xlvii) Plastic goods. (xlviii) Pottery by hand power. (xlix) Pottery by mechanical or any power other than hand power. (I) Sanitary-ware or china-ware. (Ii) Soap. (Iii) Sugar. (/iii) Sweetmeat and confectionery goods. (/fr) Tallow. (Iv) Tar. (lvi)Vamishes. (lvii)Wooden furniture, boxes, barrels, khokas, or other articles of wood or of plywood or sandalwood. PART II ARTICLES WHICH MAY NOT BE STORED IN ANY PREMISES WITHOUT A LICENCE 1. Asaf oetida. 2. ashses. 3. Bamboos. 4. Bidi leaves. 5. Blasting powder 6. Blood 7. Bones, bone meal or bone powder. 8. Champhar. 9. Carbide of calcium. 10. Cardboard. 11. CeJluloid or celluloid goods.' 12. Charcoal. 13. Chemicals, liquid. 14. Chemicals, non-liquid 15. Chillies. 16. Chlorate mixture. 17. Cinematograph films-non-inflammable or accetate or safety base. 18. Cloth in pressed bales or boras. 19. Cloth or clothes of cotton, wool silk, art silk, etc. 20. Coal. 21. Coconut fibre. 22. Coke. 23. Compound' gas, such as oxygen gas, hydrogen gas, nitrogen gas, carbor dioxide gas, sulphur dioxide gas, chlorine gas, accetylene gas, etc. 24. Copra. , ~ :: C\ ... ,, I , i ·i<· i) h k • l 141 ) 1 ding Ka o , surg1ca cotton and s'lk inc u 1 Y cotto Cotton f e or waste or cotton yam refuse n • • ( n re us or waste {,I' (10 • ~6 co n seed. . i' cottO rs z7. ctonato • zS· V Jcaves- 9 pry ·te · 2 • pyna~• • •nt such as mtro-cellulose paint, lacqu . 30. c plosive pa1 er paint, enamel P • 31. i::,JC amt etc. fat, 3~: felt• 3 fines. 34. fire wood, ,5. freworJcs. 36. f~b (dried). 31. flaX• 38· Jminate. 39. fu . ate of mercury. 40. f ulm~n ate of silver. fuJJtllO 41, Gelatine. 42, . ·re Gehg111 • 43, ,A Gra5S· 'I"• auo•cotton. 45, aunpcwder. j: Gu~ny Bags. 48 }Ia1r. d • Hay or fod er. 49. so. Heltl~·n cloth (gunny-bag cloth). 51 }IeSSI 52: }Ii des (dried)• 53. Hides (raw). 54. Hoofs. 55, Homs. 56_ Incense or esas. 57 Jute. . 58 : Khokas, boxes. b~rrels, furniture or any other article of wQod. 59, Lacquer • . (xi Leather. 61: Matches for lighting (including Bengal matches). 62. Methylated spirit, denatured spirit or French polish. 63. Netro-cellulose. 64. Netrb-compound. 65. Netro-glyccrine. (,6. Netro-mixture. 67. Offal. • 68. Oil, other than petroleum. UJ. Oilseeds including almonds, but excluding cotton seeds. 70. Old paper or waste paper including old newspaper, periodicals, magazines, etc. 71 Packing stuff (paper cuttings, husk, saw dust, etc.). n. Paints. n. Paper other than old paper in pressed bales or loose or in reams. U. Petroleum, other than dangerous petroleum, as defined in the Petroleum ,\ct, 1934. lS. Phosphorus, 1'. Plutic or plastic goods. n. Plywood. ~ indudinc smAll peic:es or cuttings of cloth, hessian cloth, gunny-bag <bk. ~ an ulk or woollen cloth. Rada or damma, B•nar otherwise known as Ral. THE oAZflTE Of INDlA EXTRAORDINARY :::: ' = 80. Safety tuse1, fog signals, ctt1rldges, etc. 81. Saltpetre. 82. Sandalwood, 83 . Silk waste, or ,ilk yarn waste, art silk waste, or art silk yam waste. 84 Sisal fibre. ss: Skins (raw or dried). 86. Straw. 87, Sulphur. 88. Tallow. 89. Tar, pitch, dammar or bitumen._ 9(). Tarpauline. 91. Thinner. 92. Timber. 93. Turpentine. 94. Varnish. 95. Wool. (raw). 96. Yam other than waste yam. TIIE TENTH SCHEDULE lSee Section 369 (1)) PENALTIES Explanation.-The_ entries in the sec?~d column of the following table headed "Subject" are not intended as defimuons of the offences prescribed in the provisions mentioned in the first column or even ~ abstracts of those provisions·, but are inserted merely as reference to the subJect thereof:- Table Section, sub-section, clause or proviso Section 74, sub-section (1) and sub-section (2) Section 74, sub-section (3) Section 75, Section 76, Section 77, Section 81, sub-section (2) Section 89 Section 114, Section 119, sub-section (2) Section 122, Section 148, Section 152, sub-section (I) Section 153 Subject 2 Failure to give notice of transfer or devolution of land or building. failure to • produce instrument of transfer , Failure to give notice of erection of new building, etc. failure to give notice of demolition or removal of building Failure to comply with requisition to furnish information, etc. Willful delay or obstruction of valuers Prohibition of advertisement without permission Failure to give notice of vacant land o~ building Nori-compliance with the requisition of attendance before the Chairperson Faih1re to disclo~ liability Use for non-domestic purposes of water supplied for domestic purposes Non-compliance with the requisition to take water supply Prohibition 10 occupy new premises without arrangement for water supply. Fine or Daily fine which imprisonment which may be imposed may be imposed 3 Rs. 50 50 50 50 50 50 , 200 50 50 100 100 200 200 4 Rs. 5 5 20 20 . n 174, 5ec110 . (2) sub-setllon seaion 175, seaion 176, seaion 177, section 178, 5ection 179, Section 180, Section 181, Section 1S3, Section 186, sut>-section ( 4) Section 193, sub-sectio.n (J) Section 193, sub-section (2) Section 193, sul>-section (6) Section 193, sul>-section ( 8) Section 194, Section 209, sub-section (3) Section 211, Section 214, I 111:. Vl'\L,L, • • i:. Vt INDJA c.XTR AORDINAR,y 143 Subject Fine or im,.,,;.,.,_ Daily ,. r"""'•fflent Yihich unt 'flh\ch may be imP<>scd m~y bt iml>Osed 2 Waste or misuse of water Refusal of admittance, etc. Laying of water pipes, etc., in a position where pipes may be injµred or water therein polluted. Construction of latrines, etc., in 1 position where pipes may be injured or water therein polluted. Injury to, or interference with free flow of contents of municipal drain or drains communicating with municipal drain. Private drain not to be connected with municipal drain without notice Non-compliance with requisition for drainage of undrained premises Erection of new premises without drain Non-compliance with requisition of maintenance of drainage works for any group or block of premises Non-compliance with directions to close or limit the use of private drains in certain cases Non-compliance with Chairperson's orders regarding the us:: ...,; a drain by a person other than the owner thereof Non-compliance with requisition for keeping sewage and rain water drains distinct non-compliance with requisition for the pavement of courtyard, etc. Connection with municipal water works or drains without written permission Non-compliance with requisition to close, remove or divert a pipe or drain Execution of work by a person other than a licensed pl!,lmber Failure to furnish when required, name of licensed plumber employed Licensed plumbers not to demand more than the charges prescribed Licensed plumbers not to contravene bye-laws or execute work carelessly or neg:igently, etc. Prohibition of wilful or neglectful acts relating to water or sewage works Construction of building within the regular line of street without permission Failure to comply with requisition to set back buildings 10 regular line of street Failure to comply with requisition 10 set forward buildings 10 regular line of street 3 Rs. 50 100 100 100 50 50 100 1000 50 so 50 50 50 200 50 200 100 100 100 100 1000 200 200 4 Rs. 10 25 s s 50 s 10 50 11fE oA!Effl OF J]fOIA iXfRAOlDl1'fAltY s.t,Jcd F'• or Daily 2 impri,ollme8t wllicll maybe impoeed 3 Rs. Utllllull, tdllol or oehefwise Rtgorous dellilll wftl l!JY lalld or layinl 09f impritootne11I whicll a prlYlte lltmt od,erwite tJm ill may extend to three coafonnlty wflh ordm of lhe years. Couadl, Section 218, aub,aectiOII (/) d1use1 (o) and (b) failure to comply wilh requisilioa 50 10 mow CIUIC for aJletaliOII of street or for appeal'III« before lbe Chairperson. Section 219, sub-section (/) Section 222, sub-section (I) Section 222, sub-section (2) Section 223, Section 224, sub-section (J) Section 225, Section m. sub-section (J) and (2) Section 228, sub-section ( I) Section 229, sub-section (J) Section 23 I, sub-section (2) Section 232, sub-section (]) Section 234, sub-section (1) Section 234, sub-section (2) Section 237, Sub-section (1) Section 237, sub-section (2) Failure to comply requisition on owner of private street or owner of adjoinin& land or buildin& to level, CIC. , such streel Prohibition of projections upon streets, etc. Failure to comply with requisition to remove projections from streets failure to comply with requsition to have ground floor doors. etc., so altered as not to open outwards Erection, etc., of structures of fixtures which cause obstruction in streets Deposit, etc., of things in streets Tethering of animals and milking of cattle in public: streets Unlawful removal of bar or shorting limber, elc:., or removal or extinction of light Streets not to be opened or broken and building malerials nol 10 be deposited thereon without permission Name of s1ree1 and number of house not 10 be destroyed or defaced, etc. F.ailure to comply wilh requisition to repair, protect or enclose a dangerous plac.e Removal, etc., of lamps Wilfully and negligently extinguishing lights in public streets, etc:. 100 200 200 so 200 100 100 so 200 so 100 100 50 Erec~on of a building without the Simple sanction of the Chai.-rson 1 • . ,.. · mpnsonment Use of inflammable materials without permission. which may extend lo six months or with fine which may extend 10 Rs. 5000 or with • both. Rs. SOOQI. 100 Rs. s 10 10 5 10 25 .. .Ajon, ~·secuon, sub- proviso dJIISC or THE GAZE'J1t OF IN DIA EXTRAORDINARY -------- Fine or imPrisonment which may be imposed Se(tion 239, sub-section ( 1) Section 242, sub-section ( 4) Section 244 Section 24S, sub-section (J) Section 24S, sut,.section (2) Section 247, Section 248, Section 249, Section 251, 1111>-sectioas (/) and (Z) Section 252, 2 3 Failure to give notice of . . to erect I building intention Single Rs. imprisonment which lllay extend to six months or with fine Which inay extend to Rs. ~ or \Villi Failure to give notice f . . both. t k d • • o intention Sing) o ma e a d1tions, etc. to buildings e imprisonment which tnay extend to six months or with fine which may extend to Rs. 5000 or with Co both, mmencement of work without notice, etc. Failure to oo~ply with requisition to round off buildings at corners of streets 10000 100 Erection of buildings on new streets without levelling 1000 Erection of buildings or execution of work within regular line of street or in contravention of ariy scheme or plan 1000 Failure to demolish buildings Simple erected without sanction or imprisonment which 'erection of buildings in llllly extend to six contravention of order months or with fine which may extend to Rs. 5000 or both Erection of buildings c.ontravention of conditions sanction, etc. in Simple of imprisonment which may extend to six months or with fine which may extend to Rs. 5000 or both. Failure to carry out. alterations Non-compliance with provision as to completion certificates, occupation or use, etc., without permission Non-compliance with restrictions on user of buildings Simple imprisonment which may extend to six months or with fine which may extend to Rs. 5000 or both. 200 Simple Imprisonment which may extend to six months or with fine which may ex1end to Rs. 5000 or with both. l4S Daily fine •1hich may be imPt>sed 10 Rs. 500 s I t46 me OAZETTB OF OO>IA EXTRAORDINARY Stttlon, IUb-ttttlon, rat « Daily fine whlcb imprilOHW.I wlliclt m,y be im~ .. , be iillpmed dautt 0, pnmlO 2 Stclloo 258, Failure to comply ~ reqllitioe sub-section, (I) and 10 remove RnlCtllra dJdl are ia (1) ruiro or likely IO W Stcllon 259, Fa/Jure IO comply widl requitiriol JIIMttbOO (/) 10 YIClle buiJdulJI lo ~ concfir,om, erc. Stction 26-C, Failure 10 proYicle for collectioo, removal 111d deposit ol rdwe ud provi,loa ol recepcada Staioa 26S, wb-sectioa (J) Stction 266, Seaion 265, sub-seclioa (J) Stction 266, Seaion 267, sub-section (/) Stction 267, sub-section (1) Stction 267, sub-section (J) Stction 271, sub-section (I) Failure 10 celled 111d ffillOYe fifth and polluted m1tter Failure to comply with reqll!lilioa for removal of rubbisb, etc., !tom premises used as 11>1rltet, crc., Scaven,er's duties in c:ataia cam nor 10 be discb,rged by uy penoo wi1bou1 permission. Failure to comply witb requisition for removal of rubbish, etc., from premises used as marltel, ere., Keeping rubbish and filth for lllOf'e rhan twtnty-lour lloun, ere. Allowing lilth 10 now in streets Depositing rubbish or liJth, elc., in Slreel, CIC. J lb. 500 so so 100 25 100 so so so ulriaes 111d urinals not to be constructed without permission or in con1n1vention of terms 200 Stctioa m, sub-section (/) Section m. sub-section (J) Section 273, Section 274, Section 215, clauses (o), (b), (c) Olld (d) Stctioa 276, sub-Sfflloa (1) prescribed Failure 10 provide buildings newly erected or re-erected witb latrine, urinal and other accommodation Failure 10 provide residential buildings composed of separate tenements with latrine, bathing or washing place for servants on the ground Door Failure to provide latrines for premises uud by large number of people and lo keep them clean and in proper order Failure 10 comply with requisilion 10 provide latrines for market, cattle shed, cart stand, ere., and 10 keep them clean and in proper order failure to comply with requisition to eo/orce f'{ovision of lalriae or urinal ICtOalmOdation, etc. failure to comply with requisition tor removal ot congested buiJdina, 500 500 100 100 100 1000 20 20 10 10 Rs. 20 ::' ... ... '"'"~t::, rn OF INDI A EXTRAORDINARY 147 Fine or imPri Daily ti tnay ~n~nt "Which may be ~ 'flhich ~ lffll)osed ' "'POied 1 -------- - ------ 3 ----- 4 section 277 Failure to comply with - - -ii'Rs;.-----~-- to improve buildings re~!isition 1000 Rs. section 279 • 1,-sections (1), ~ ). (3) and (4) section 280 section 281, sub-section (J) section 282 5¢ion 284 5¢ion 285 5¢ion 286 Section 288, sub-section (J) Section 288, sub-section (2) Section 289, sub-1eetion (J) (2), and (J) Section 291 Section 292 Section 293 Section 294 Section 295 SectioD 296 Section 2'/7 Sedioal91, ....... (1) - (Z) Scum m human habitation u-...t for Failure to COcnpl . demolitioa of bu1d':"1th 0rder of human habitation ings \Ulfit for Failure to comply 'th of the Chainvonowi requisition • . ·r~ n to re insarutary buts and h mevc Prohibition against s : .ds, _etc. washerman ashing by Failure to give info . dangerous disease nnat100 of Failure to comply with re . . . to cleanse and di . i qu1S1t1on or ~rtidcs SUI ect buildings Failure to comply with .. . to A-..... • . requisition '"": .. u, lllfec:t10us buts or sheds Washing of clothing 1.. ....... • u,;uu1ng, etc. at ~ny place not notified by the Chairperson Sending infected dothes to washerman or laundry Failure to furnish address of washerman or laundry to which clothes have been sent Use of public conveyances by persons suffering from a dangerous disease,. etc. Failure to disinfect buildings before letting the same Disposal of infected articles without disinfection Making or selling of food, etc., or wuhing of clothes by infected persons Sale of food or drink in contravention of restriction or prohibition of Cllairperson Removal or use of water from wells and tanks in/contravention of prohibition of Oiairpenon Exposure of persons to risk of infectioo by the presence or cooduct ·of a penoo suffering from a dangerous disease, etc. • Removal of infectious corpses in cootravention of the provisions of the section Absence of sweepers etc., from duty without notice I.. weeper eeployed for ~& llolale 1CAVC9" not to discOn• tiauc wort wkllout aodce 1000 100 25 100 so so 25 25 25 so 100 so so so so 100 so Imprisonment which may extend to one month 10 15 148 THE GAZETTE OF INDIA EXTRAORDINARY (PARTIJ - Section, sub-section, clause or proviso Section 300 Section 301 Section 302, sub-section (1) Section 302, sub-section (2) Section 303 Section 304, clause (b) Section '307 sub-sections (1) and (2) Section 308, sub-sections (1), (2) and (3) Section 309 Section 310, sub-section (4) Section 310, sub-section (5) Section 311 Section 312 Section 313 ScctiC?n 314 Section 315 Section 317, sub-section ( 1) Section 318, su~sections (1) and (2) section 318, sub-section (2) proviso(a) Section 320 Section 321 Section 322 Subject 2 Failure to supply information by persons incharge of burning or bu­ riaJ grounds Use of new burning or burial ground without permission F.ailure to comply with requisition to close a burning or burial ground . Burning or burial of corpses in a burning or burial ground after ii has been closed Removal of corpses by other than prescribed routes Failure to give notice for removal of carcasses of dead animals Failure to give information of births and deaths Commission of nuisances Failure to comply with requisition for removal or abatement of nuisance Dogs not to be at large in a street without being secured by a chain lead Ferocious dogs at large without being muzzled, etc. Staking imftammable material in contravention of prohibition Setting a naked light Discharging fireworks, firea~ms. etc. likely to cause danger Failure to comply with requisition to render buildings, wells, etc., safe Failure to comply with requisition to enclose land used for improper purposes Sale in municip11I markets without permission Use of places as private markets without a licence and use of places other than a municipal slaughter house as slaughter houses Non-compliance with conditions imposed by Chairperson Keeping market open without licence, etc. Sale in unlicensed market Carrying on business or trade near a market Fine or Daily fine which imprisonment which may be imposed may be imposed 3 Rs. 50 50 50 25 10 50 50 500 50 100 50 50 50 50 50 200 500 50 2000 50 50 4 Rs. 25 25 25 1 nt GAZElTE OF INDIA EXTRAORDINARY 149 - Subject s,,:rion, F;n, o, Doily 6oo """h ub-""1 00 • imP<isonmont whkh m, y be 1 ·m"""-d ' "'pro,UO ~~ clause may be imposed __ 1 _________ 2 __________________ ____ 3 4 - ------------------------------ Section 324 Failure of person in charge of markets to expel lepers a d Rs. 50 Section 325 Section 326 Section 327 Section 328, sub-section (3) Section 329, sub-section (5) Section 330 Section 331 Section 332 Section 339, sub-section (5) Section 340 Section 341 Section 346 I Section 353, sub-section ( 4) Section 364, s~b-sc.:tion (3) Section 404 disturbers from the market n Carrying on butcher's fishmonger's or poluterer's trade Without ljb vsc, etc. E~thablishment of factory, etc. wit out permission Ccrt~in things not to be kept and certain trades and operations not t~ be earned on without a licence Keeping, abandonment or tethering of animals, etc. Use of premises in contravention of declaration Howking articles for sale Without a licence, etc. Keeping a lodging house, eating house, tea shop, etc. without licnce or contrary to licence Keeping open theatre, circus or other place of public amusement without licence or c0nt~ary to terms of licence Failure to produce licence or written permission Preventing the Chairperson or any person authorised in this behalf from exercising his powers of entry, etc. Preventing the Chairperson or any person authorised in this behalf from exercising his power of entry upon any adjoining land Obstruction or molestation in execution of work Failure to comply with requisition to state the name and address of owner of premises Failure of occupier of land or building to afford owner facilities for complying with provisions. of the Ordinance, etc., after eight days from issue of order by diStrict judge Obstruction of Chairperson or a member, etc. Removal of any mark set up for indicating level, etc. Removal, etc, of notice exhibit~d by or under orders of the Council, Rs. 1()0 5000 1000 100 100 500 100 100 500 50 50 5 50 50 200 50 200 50 200 100 50 --------~Ch~a~i~rpe~r~so~n:•~e~t~c:_. ____________ _______ _ 150 THE GAZEITE OF INDIA EXTRAORDINARY {PARTII _:_ Se Section, sub-section, clause or proviso Section 401 Subject 2 Unlawful removal of earth, sand or other material or deposit of any matter or making of any encroachment from any land vested in the Council. c. JJ Fine or D ,1 ---. a, Y fine •hicb imprisonment wbicb may be i--~ ma~ be imposed - -.-co 3 RI. 50 RI. SHANKER DAYAL SHARMA , President. RAGHBIR SINGH, Joint Secretary to the Govt. of India.# -